How can I stop the bullying?

Voyager2002

I'm not an expert, but...

I suggest you do NOT say anything about "statue-barred" until you are sure that it really is. If they realise that you know about this, then they might well use any time remaining to them to get a CCJ against you. Better to appear a bit dippy and play for time.

And be very careful what you put in any letters to them: if you write agreeing that you owe the money then the clock starts again and they have a whole six years to collect the debt. However, it is not possible to "acknowledge" the debt by telephone so you are safer speaking to them than writing.

debbiewebbie

Sorry Lensman, Im more confused now than I was before.

Thanks Voyager I can definately do dippy.

Think I will just turn the phone off and go and stick my head back in the sand. :huh:

10past6

I would send them this letter, by recorded delivery:

Dear Sir/Madam

Account no:

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

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

ALIBOBSY

Make sure any letters you send to them say in big letters at the top "I do not acknowledge any debt to yourselves or any company you represent" (or some wording simular to this).
It is doubtful they have any documentation regarding this debt so it is highly unlikely they will go for a CCJ unless they think you will be an easy target.
Definately ask for a statement and do a CCA request for the credit agreement. This will put the account in dispute and likely count down quite a bit of time towards the statue barred date.
Despite what these companies say (they will lie and threaten over the phone-best bet is to refuse to answer the security questions without which they are breaching the DPA by speaking to you about the debt) the law is clear they have to prove you owe the debt.
They will undoubtedly have no documents for this debt, and will probably have to request that the original lender look for them. In the meanwhile the clock is ticking. They will likely come up with statements alone, at least initially, so you can look for the last payment made to work out your statute barred date. But watch em these companies have been known to fake up a payment to reset the clock.

An altenative if you are really keen to pay something offer a low full and final settlement. Remember these companies buy debts and low rates often at only 2-10p in the £. Start at 10% as an offer, if it is about to be statue barred they will likely bend over backwards to accept an offer.

ali x

PS just seen the above post-good letter,send that off.

ALIBOBSY

Another thought, if you can get the money together like you say, Put it away in an account.
If they did try to take you to court you can defend it (they are unlikely to have a valid credit agreement). Even at worst if you lost, as long as a CCJ is paid off within a month you can have it removed from your file anyway.

ali x

Lensman_2

There won't be a requirement for a CCA as it's an overdraft. Which is why I thought of the SoA. Both documents are stated as required by the OFT.

10past6 has the best solution IMO. Simple and it buys time too.