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Debt collection companies - How do you know?
Diane1961_2
Posts: 40 Forumite
Please can anyone shine some light on this? One of my daughters got into a lot of financial trouble some5-6 years ago and has been carefully paying off everyone. She's nearly reached debt-free but has just had another two letters from debt collection companies who claim to be recovering old Vodafone and Sky bills. When she asked for proof from the Vodafone one she didn't hear back from them but the other arrived today. Mis-spelt surname but an address she once lived in. Where does she stand on this? She thought she'd kept a record of every bill. How do you know if these are legitimate debts that have mysteriously taken these large organisations this long to floow up and give the home address that hasn't changed in 10 years to a debt collector?
Many thanks
Many thanks
0
Comments
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A few questions to establish some facts:
1) When did she last make payment for the Vodafone and Sky bills?
2) What period do each of the bills cover? Has she CCA'ed them and asked for copies of the original agreement which she signed for?0 -
Has she CCA'ed them and asked for copies of the original agreement which she signed for?
CCAs don't normally apply to mobile phone contracts.
The DCA does have to prove you actually owe the debt though. Once asked, continuing to attempt to collect without doing so is "unfair practice" according to the OFT.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
I'd be looking to ignore both Sky & Voda as they will become Statute Barred soon enough. Basically, as advised above by Fermi, you cannot CCA neither of these companies as no CCA would be signed and neither conform to the CCA1974 anyway!
OP - get your daughter to request her credit file and see when the last payment was to Voda / Sky - if it was more than 6 years then it is Statute Barred..... If not, tell her to ignore any letters at the moment until the dates are over 6 years since last payment (she needs her Equifax/Experian credit report to see this - costs £2 each).
Whatever she does, do not ring and admit to this debt! Post back when you have the details and we'll advise further, i'm sure.
2010 - year of the troll 
Niddy - Over & Out :wave:
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I would wait for a few more letters to arrive before responding, then send a prove it letter to them - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2
As above, these contracts are not subject to the CCA 1974, so you can't send a CCA request. If she has not acknowledged the debt for 6 years or more in writing or by payment, it would be statute barred and not need to be paid.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
DarkConvict wrote: »As above, these contracts are not subject to the CCA 1974, so you can send a CCA request. If she has not acknowledged the debt for 6 years or more in writing or by payment, it would be statute barred and not need to be paid.
You can't mate :rolleyes::p:rolleyes:
Don't wait for letters - just ignore them until they see their credit file for SB dates
2010 - year of the troll 
Niddy - Over & Out :wave:
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