debt letters for old debt

helenaw

Not to sure how this all works but here goes,

I am currently been chased for a debt going back to 2002. I was first contacted a couple of weeks telling me that i owed £147 for a debt owed to Orange. This was the first i have heard of this, so i sent them a letter asking them to send me proof of the debt. I got a letter back this morning stating that my request was unclear. It is probably easier to explain if i quote the letter word for word cause i don't really understand it.

" It is important that you confirm , pursuant to which statute, your request is made. To assist, the following are the more common statutes pursant to which we receive requests:

Comsumer Credit Act 1974

Request made pursuant to the relevent sections of this act must be accompanied by payment in the sum of £1.00.

Data protection Act 1008

Requests made pursuant to this act must be accompanied by payment in the sum of £10.00. You must confirm the documents required.

We look forward to hearing from you in writing, so that we may deal with your properly formulated request. Payment can only be accepted by way of cheque or postal order.

Please note, if you have received notice of enforcement (default or otherwise) the time period provided for in the notice continues to be effective."

So i am right in saying that in order for me to get proof of the debt i need to pay for it. I really don't get this. Can anyone help me or advise me what to do next.

To make matters worse i have received another letter from another debt company chasing for the same debt, i called them and they to can't provide me with proof of the debt. They are saying that the debt goes back to 2007 and that i would have got a final bill then, which i didn't.


Can any one help ?

Thanks in advance.

Helena

blind-as-a-bat_2

helenaw wrote: »

Not to sure how this all works but here goes,

I am currently been chased for a debt going back to 2002. I was first contacted a couple of weeks telling me that i owed £147 for a debt owed to Orange. This was the first i have heard of this, so i sent them a letter asking them to send me proof of the debt. I got a letter back this morning stating that my request was unclear. It is probably easier to explain if i quote the letter word for word cause i don't really understand it.

" It is important that you confirm , pursuant to which statute, your request is made. To assist, the following are the more common statutes pursant to which we receive requests:

Comsumer Credit Act 1974

Request made pursuant to the relevent sections of this act must be accompanied by payment in the sum of £1.00.

Data protection Act 1008

Requests made pursuant to this act must be accompanied by payment in the sum of £10.00. You must confirm the documents required.

We look forward to hearing from you in writing, so that we may deal with your properly formulated request. Payment can only be accepted by way of cheque or postal order.

Please note, if you have received notice of enforcement (default or otherwise) the time period provided for in the notice continues to be effective."

So i am right in saying that in order for me to get proof of the debt i need to pay for it. I really don't get this. Can anyone help me or advise me what to do next.

To make matters worse i have received another letter from another debt company chasing for the same debt, i called them and they to can't provide me with proof of the debt. They are saying that the debt goes back to 2007 and that i would have got a final bill then, which i didn't.


Can any one help ?

Thanks in advance.

Helena

The CCA act does not apply to mobile phone contracts, as for the DPA they are just stalling.

blind-as-a-bat_2

Try not to worry, mobile phone companies are known for these tactics, if you truly dont recognise the debt, it is up to them to prove it.

While a SAR is a valid way (Thats the data protection act bit) for you to request proof, if you contest the amount, however if you do not believe the money is owed at all, it is for them to prove it is, and should cost you nothing.

helenaw

I found this letter on a website, here's hoping this works



xxxxx


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

Dear Sir/Madam

Ref: xxxxxx

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

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I would also point out that the Office of Fair Trading (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 written acknowledgement/payment of this debt was made over five 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 in the relevant period under Part 1 Section 6of the above Act, I suggest that you are no longer able to take any court action against me 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".

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

I look forward to your reply.

Yours faithfully





xxxx

blind-as-a-bat_2

[STRIKE]I am hopeing it is made up, it sort of sounds like it is, but just to be safe, If any of that addres etc is real, even the post code, please remove anything that could identify you.[/STRIKE] Sorted, but please be careful in future, even if it is not your details, dont post any names and addresses

Secondly, are you in scotland, as the laws differ a bit, so it is important, but may be statute barred either way

I_know_my_ABC_and_my_CMYK

Helena please take your details out of your post as it identifies you not only to those on here but also any company's out there you may have a dispute with.

helenaw

Thanks for that, i have deleted as advised, don't i feel like an idiot.

I m in scotland, so does that mean that what i have sent is not the case in scotland?

Cheers
Helena

blind-as-a-bat_2

helenaw wrote: »

Thanks for that, i have deleted as advised, don't i feel like an idiot.

I m in scotland, so does that mean that what i have sent is not the case in scotland?

Cheers
Helena

I am not up on scotish law as well as am further south, but to me it looks OK, at least in principle (the quotes on legaslation are differant, but the time scale is correct i believe.

As long as you made no payment,or acknowledged the debt in writing since 2002, they are just trying there luck

helenaw

cheers i wait and see what they come back with.

blind-as-a-bat_2

helenaw wrote: »

cheers i wait and see what they come back with.

Orange, as are other providers (and the DCA's they pass them too) are known for ignoring legaslation, even the protection of bankruptcy, but do check back, we do have some scotish members, who may be able to confirm my view, as there are a few differances between scotland and england, but as far as i can remember it is mainly the time scale is a year less, as your letter states

helenaw

See regardless of this is it not the case that should provide me with a copy of the bill that they are chasing me for?

They are threating me with legal action, but how can they take me to court for £147 for something that they can provide a bill for.

I am intitled to disputed until they can proof otherwise