Fermie or Ras Help please

AMBERSHADOW

Sorry I need your help again
I had a letter yesterday from a collection company telling me I owed 1023.00 for a personal loan, Now I do not know who the company are at all.
I called the number and asked what was this for? they said a car loan,mmm I replied when was this? she said oh some years ago.

NoW I have had my to date car 6 years this year and before that I had 3 other's But never on finance.

So I stated this to her and said this debt must be over 6 year's old as The car I have is nearly 6 year's old and before that I had no car finance.
I aslo asked her to confirm when this was and she replied we only have restricted info on this????????????

So I said well you best get more info as if this is mine it is staue barred being over 6 year's old, she then replied No it's in the time frame. and would get a CCA out to me once she had refered to her client claiming this was mine. I said yes that would be good, But then she said why would you want that? I replied your telling me I owe this company I have never heard of 1023.00 and you just expect me to pay it, I don't think so .

Please can you advise


Thanks very much

RAS

You are doing fine except....

Suggest you do not phone them again. If this is a fishing expedition, which it more than likely is, they may just decide that since you are adamant it is not yours, they can cross one more of the list, to isolate the real debtor. Ir they may decide that since you have rung, they will pursue you because you responded.

Hopefully you will hear no more. If not, I suggest the prove it letter rather than a CCA or statute barred, which would be appropriate if you thought it was yur debt.

AMBERSHADOW

Thank you Ras do you know where the template letter for them are please

Numpty_Monkey

They are in this thread

http://forums.moneysavingexpert.com/showthread.html?t=963087

HTH

Lucascain_2

Your Name:
Your Address:
Date

To:

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




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I think that's the one your looking for!

AMBERSHADOW

Thank you all so much