Help with Old Debt

KevShek

I recently received a letter from a recovery agent with regards to an old O2 mobile debt. FOr the past 4-5 years, ive been using another network and if im honest, i cant remember the last time i was with O2, if i owe them money, how much it was or if it was ever paid.

Is there some sort of time limit for this type of thing? I mean whats stopping companies from sending out random letters from old payees etc.

Whats the best way to approach this? Ive yet to contact them by phone as i got the letter on sat, which they were closed. I believe this is when O2 sell on debts to 3rd party agents, and from the timescale of this, im guessing its been passed from pillar to post!

The ammount isnt huge thank god, but still, how can i make sure its a genuine old debt of mine.

Thanks

Tixy

Hi

You need to send the prove it letter -National Debtline "prove it" letter


Quote:

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

KevShek

That is excellent, thanks very much.

KevShek

Oh another thing, is there such a thing as a time limit to old debt? Like an expiry?

Tixy

Statute barred - 6years after you last paid towards the debt or acknowledged the debt in writing. (Hence second para of above letter is important). And only providing no CCJ.

KevShek

Thanks again, luckily, i dont have an CCJ's or at least i dont think so LOL.
It could be over the 6 year period, but i simply dont know. I guess its upto them to prove it. So if it is, just reply saying "Statute Barred" then?

Tixy

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Info and letter here. But do the prove it letter first and see what they return with.

KevShek

Will do, am I alright to sign the letter as myself, just the way its worded it from "us" or "our"

Ill update when I hear back

KevShek

UPDATE
Ok, so i printed out the letter and faxed it to the number on 11th Jan 10, did not hear anything back and a couple of days later, they sent another letter threatening DOORSTEP ASSESSMENT. This was dated the 8th Jan. So i though, ok, they hadnt got my letter then, but they will have now. Just to be sure, ill refax it.

On 14th Jan10 I sent the fax again, to the same number as stated on their letterhead.

Today, i received ANOTHER DOORSTEP ASSESSMENT letter dated 22nd Jan.!!
Its basically exactly the same as the last one, saying what charges i may be liable for, attachments to earnings and seizure of assets etc etc

There is no way that they havent got my fax, they have just chosen to ignore it.

Tomorow, im gonna ring them, see what the crack is, but where do i go from here? Shall i go ahead and make a complaint? if so, to whom?

niccatw

If I were you, I'd be tempted to just keep faxing or posting the prove it letter. From what I've seen on this forum, entering into "conversation" with a debt collecting agency has generally resulted in a lot of stress and trauma without a clear - and definitely without a sympathetic - outcome.

This thread talks you through the different templates for different situations so may have the next letter you need in the chain http://forums.moneysavingexpert.com/showthread.html?t=2060575

Good luck

DarkConvict

Don't ring them, they will just twist your words on the phone.

Instead, send a modified prove it letter.

Include the fact you acknowledge receipt of their letter dated X and Y. But as they have failed to provide any evidence you are the debtor you are withdrawing their common right (check that term up) to access your property as you do not believe you are the debtor in question. You (I) therefore do not wish to make an appointment to discuss this matter in person at any time.

Further more as you have failed to provide "any" evidence any further letters demanding money will be consider harassment and a complaint will be lodged with the OFT for your actions, as i am aware of the OFT Debt collection guidance on unfair business practices you are in breach of 2.4 (f) "pursuing third parties for payment when they are not liable", & 2.8 (i) "failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued".