advice needed please

holistichik

i have received 2 letters off eversheds, stating they have been instructed by their clients Max Recovery Inc, to obtain immediate payment of the amount due of £661 and another for £942.89. i have never heard of the above companies.This is the 1st letter i have recieved about this debt. its states that if payment isnt received by 29th aug then they will commence legal proceedings. I actually have a current account with Barclays so surely if i owed this debt then i wouldnt of been able to open an account? Do i phone them up or not..Did get into debt well over 7yrs ago, not sure if it was with Barclays though. Ive lived in current address for over 9yrs, so how have they obtained my address if it is me?
worried now because im a single parent and im struggling as it is without this hanging over me...
thx Natalie

miggy

Is there any chance these could be old debts that have been sold on? Even so - it's a long time since you had debts, and as you haven't moved house it sounds odd to me.
I'm not really the one to reply - just filling the gap till somone knowledgeable comes along Hopefully it will all soon be sorted.

mb73

There's a discussion going on at the eBay Q&A about the statute of limitations. There's a thread about it on here that might help you but I'm not allowed to post the link! Use Search ^up there^ and look for Statute of Limitations....

holistichik

just had a look and it has helped me..thing is i typed a letter out 2 day asking them 2 actually prove its my debt never signed my name just typed it. Shall i send it off or do i phone them? Im baffled as 2 why ive only received this 1 letter, absolutely nothing from Max Recovery..could somebody be using my name & address?

thefoolonthehill

Hi Dont phone them.

Send them the prove it letter (sorry not sure where the link is). It is up to them to prove that you owe the debt. If you call them they will try to bully you into admitting the debt is yours

If the debt is over 6 years old it will be statue barred and will be unenforeable

gettingbetter

hi

the prove it letter

kas xx

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

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

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

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

We 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.

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

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

We look forward to your reply.

Yours faithfully





Mrs A N Other

gettingbetter

please dont sign it
just print your name

kas xx

bargainbetty

Is the letter from Eversheds, the solicitors? If so, I would add that you would report them to the Law Soicety as well as the OFT, since for a solicitor to undertake spurious legal action where there is no evidence of wrongdoing is sufficient to warrant an investigation and possible censure.

Good luck x

holistichik

Thx everyone, letter is typed and on its way X

holistichik

just had a reply off Eversheds " Your request for documents pursuant to the CCA is noted. having regard to the specific nature of the request, we assume you are conversant with the statute and will understand that you are obliged to make payment in the prescribed amount of £1.00."
Do i pay this and what is it for?

gettingbetter

hi

yes you need to pay £1
send a postal order
you dont want them to have a copy
of your signature
they have been known to be naughty
and folks on here have had
their signatures copied on
the CCA

if they cant supply a true copy
of the CCA the debt is unenforceable
through the courts

here is the CCA request lett please dont sign it
just print your name, i think by law
they have 12 + 2 days to provide it

hope it helps

kas xx


Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully