CCS Collect - 72 hour notice of home visit

poshs6gal

This is a debt that is more than 7 years old, with no correspondence with the original creditor, or with any of the DCA that have contacted since. It's passed through several DCA - it's with Cabot Financial but the DCA currently is CCS Collect. I received a letter, in my married name - a name I haven't used for 6 years - and they're giving 72 hour notice of home visit.

It reads:
Despite previous correspondence your account remains unpaid. Our client has instructed us to recover the full amount you owe.
We are now making arrangements for one of our collectors to visit you at home.

You can avoid our collector visiting you by

Making payment to this office by return of post
Telephone this office immediately

What should I do?

All the other DCA have threatened action - not a home visit - but nothing has come of it, and a few months later a letter arrives from another DCA.

Help please!

Thanks

fermi

Sounds like the debt will be statute barred.

You can also tell them they don't have permission to visit you.

Back with a letter in a sec.......

russt2000

Yes dont worry they are chancers and if you have had no contact for over 6 years, they cannot do anything.
Do not speak to them on the phone, at all when fermi puts the letter up post off right away ,do not sign it ! {just in case} they try to be creative.

Idoubt anyone will turn up , but if they do , just tell them nothing and to go away ,if they dont call police, they have no rights at all in law , only court action can send people round with powers to do something . these DCA cannot do a thing it is all designed to make you scared and pay up .

fermi

Here we go....................

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

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".

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

We also notice the OFT have recently placed requirements on Mackenzie Hall Ltd. Specifically, that they and all connected companies cease collection activity and enforcement while any debt remains queried or disputed. Should you ignore this requirement, a complaint with the OFT and other regulatory bodies will be raised.

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




Mrs A N Other

poshs6gal

Thanks Fermi and russt2000
when I send this letter and I put a name (not signed just a typed name) do I put my married name (who it's addressed to) or the name I am know as now? As I'm typing, I'm guessing the name the debt was in.
All the other times I have been scared to reply as I don't want them knowing that I live at the address I do as this is accepting that the debt is mine and I was worried they'd be able to take legal action.

RAS

They cannot take legal action on a debt that has not been paid or acknowledged in writing in the last 6 years, unless there is a CCJ.

poshs6gal

How can I find out if there's a CCJ for it? Ive never received any sort of correspondence in relation to one of those.

RAS

Any CCJ issued inthe last 6 years will show up on your credit records. But send the letter and let them tell you if there is one.

Elsas_mamma

You know when they are due to turn up, if they do at all. Don't answer the door. If possible tell them through a window you have replied in writing to thier letter and you will wait for a reply. Then close the window. Be polite though.

Good luck

poshs6gal

To RAS
There's nothing on my credit file in current name, but I haven't searched for my credit file on my previous name. Who can tell if I've looked at my credit file in previous name?
Thanks

poshs6gal

To Elsas mamma
Do they come in the evening or the day?
Thanks