Newbie, need advice on DCA letter

kerry32

Hiya, im quite new to this site but would really appreciate your advice. Last week, I recieved a letter from Clarity a DCA for a Kays account where I apparently owe £1745. I ignored it, but have received a second letter today. In this second letter, they have stated that they may instruct solicitors to start proceedings to recover this money. I have lived at my present address for the last 7 years, and have never had an account with kays whilst here. I did have an account with them at a previous address, but am horrified at the amount that is owed! I honestly dont know where they have got this figure from? There are no dates about this debt, and only my present address is on it? could any of you advise me as to what to do? :-)

GeorgeUK

Write to them, don't phone, and inform them that you have lived at your current address for 7 years and have not had an account with Kays during that time.

If you have made no payments towards the debt or acknowledged the debt in writing for 6 years, then the debt is statute barred. As long as there is no CCJ for the debt.

There is a statute barred letter available from th nationaldebtline site.

10past6

GeorgeUK wrote: »

As long as there is no CCJ for the debt.

Even if there is a CCJ, they will still require the courts approval to enforce the debt

kerry32

GeorgeUK wrote: »

Write to them, don't phone, and inform them that you have lived at your current address for 7 years and have not had an account with Kays during that time.

If you have made no payments towards the debt or acknowledged the debt in writing for 6 years, then the debt is statute barred. As long as there is no CCJ for the debt.

There is a statute barred letter available from th nationaldebtline site.

Thankyou for your reply..how would I know if there was a CCJ?

GeorgeUK

To begin with it may be best to send the "prove it" letter stating that you are not aware of owing any debt to Kays. Then possibly add a paragraph about any debt you had before moving to your current address would be statute barred as it was more than 6 years ago.

It is up to them to prove that you owe the debt, not for you to prove you don't. Do not give them any information such as date of birth or even when you moved to your current address, or what your previous addresses were. You are under no obligation to supply them with any information.

http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893
Post 4 has a copy of the statute barred letters.

kerry32

GeorgeUK wrote: »

To begin with it may be best to send the "prove it" letter stating that you are not aware of owing any debt to Kays. Then possibly add a paragraph about any debt you had before moving to your current address would be statute barred as it was more than 6 years ago.

It is up to them to prove that you owe the debt, not for you to prove you don't. Do not give them any information such as date of birth or even when you moved to your current address, or what your previous addresses were. You are under no obligation to supply them with any information.

http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893
Post 4 has a copy of the statute barred letters.

Thank you George, is there an appropriate template letter that I could send to start with? I have got a copy of the Statute Barred letter, but should I send something else first? Im hopeless at letters

GeorgeUK

The link above takes you to post 3 which is the "prove it" letter.

That should be enough for now as you don't even know if this is your debt.

kerry32

I have put the 'prove it' letter in the post,so will just have to wait and see. If there was a CCJ, would they inform me? How would I know?

kerry32

I am actually certain that there is no CCJ, I have had a credit check done in recent years, and have never had any problems obtaining any credit. These people are trying it on!

GeorgeUK

With the prove it letter you are basically saying unless they can prove the debt is yours and it is enforcable, you will not be paying the debt. If there was a CCJ for the debt, then it could be enforcable so this would be the best way to prove the debt. The burden of proof is on them - you don't need to prove the debt isn't yours.

If you want to find out if there is a CCJ for the debt, you could have a look at your credit file - free at experian (if you cancel within 30 days). It should appear on there. You could also go to the registrytrust website and pay to see if there is a CCJ, but this costs £8 per search i believe. Also if a CCJ hasn't been enforced for 6 years, they may need to apply to the court for permission to enforce it.

If the debt is yours but you have made no payments towards it for over 6 years, then it will be statute barred. Then you just send that letter.