Debt in Maiden Name..

beanie1001

Hi

I have recently received a 'threatening' letter from Hamptons Legal for a debt tht almost certainly past the 6 year limit.

1) The debt was in my maiden name but they are now using my married name on correspondence (I have never informed them of change of name) where do I stand as not correct debt name?

2)I had an occupier letter from j2 solutions for my married name

3)In 2007 I wrote to them for a cca (wrote the do not acknowledge preface) Does this cancel 6 yr limitation?

4) I am going to send statute barred letter to Hamptons. What name should I use?

Sorry for long post but very confused!!

Thanks in advance

beanie1001

Sorry just to add, it's an old Captial One debt

RAS

beanie1001 wrote: »

1) The debt was in my maiden name but they are now using my married name on correspondence (I have never informed them of change of name) where do I stand as not correct debt name?

No odd really.

2)I had an occupier letter from j2 solutions for my married name

3)In 2007 I wrote to them for a cca (wrote the do not acknowledge preface) Does this cancel 6 yr limitation?

Make no odds if it is statute barred, as the Do not acknowledge does not affect the SoL.

4) I am going to send statute barred letter to Hamptons. What name should I use?

Does not matter.

if they are chasing you for an old Cp 1 debt, the CCa probably does not exist and any document would be unlikely to meet legal requirements. They should never have sold the debt on so I would send the "thisis in dispute naughtly boys letter. Will find in a mo.

beanie1001

RAS wrote: »

if they are chasing you for an old Cp 1 debt, the CCa probably does not exist and any document would be unlikely to meet legal requirements. They should never have sold the debt on so I would send the "thisis in dispute naughtly boys letter. Will find in a mo.

Thank you for your reply RAS

What is 'this is in dispute' letter you mention?

Thanks

RAS

Account passed to new DCA/solicitors while the original is in default of a CCA request.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
Courtesy of Curlyben

and posted here by fermi