Zinc Recoveries

rabbit80

A couple of weeks ago, I received a text message from Zinc Recoveries. The message contained a phone number and a reference number. I called the number and left a message.

The following day they called me back. I refused to divulge any personal information to them in case it was a scam. I suggested that if they were trying to recover a debt that they needed to send me proof of that debt by recorded delivery. The operator hung up on me.

A week later I received another phonecall. Once again I suggested that they contact me via recorded delivery letter.

Yesterday I received a letter and a phone call from them. This time I confirmed my address and DOB - at this point I was at work and had not yet seen the letter. I was informed that they had been instructed to recover the debt on behalf of Barclays Bank - it was for the amount of £71.14 - however they would accept £50 to have it cleared.

I stated that the debt was over 10 years old and that as such I would not be paying it. They then tried to twist my words to make me say that I had acknowledged the debt and that I owed it. They also made various threats - including that they would have the debt recovered out of my wages automatically. The phone call ended with them once again hanging up on me.

The letter I received was as follows:

RE: Barclays Bank PLC
Debt outstanding £71.14

Dear Sir/Madam

We have been instructed in our capacity as professional credit managers, to contact you in relation to the above long outstanding account.

After investigation we have established your residency at this property.

Ultimate Credit Services fully understands that in the current economic environment that you may be experiencing financial difficulties, and that as such we would like to offer the following possible solutions to this situation.

1) Agreement to a financial repayment programme to match your current situation.

2) A considerably reduced settlement of the account based on a one off payement.

Please contact us on the above telephone number, where one of our fully trained negotiators will be pleased to assist.

This is a genuine opportunity to deal with this situation once and for all, however please be assured that further action may be considered should you choose not to accept this offer.

Yours Faithfully

(unsigned)

Collections Department

The debt itself was due to multiple charges being applied to a bank account back in around 1998. At the time I paid a significant amount of the debt off - however I did not have a regualr income. After starting work, I found the account was suspended and I could not actually use it for my pay. This prompted me to open a new bank account with Barclays - I offered to allow them to take the remainder of the debt out of my pay - which they declined to do prompting me to stop paying them. This was around the year 1999. During the time that I held the new account, Barclays were always informed of any changes of address - to this day I still get statements through the post from them. They have never contacted me regarding this debt until now - nor have I acknowledged the debt since then.

As a response to this threat from Zinc Recoveries (who also appear to be calling themselves Ultimate Credit Services in the above letter), I have responded with the following:

WITHOUT PREJUDICE

Dear Sir/Madam

Client Ref: xx12345678

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 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 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 or payment of this debt was made over ten 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 Section 5 of the Limitation Act, I suggest that you are no longer able to take any further 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation within seven days 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

(Signed)

Mr Rabbit

Do they actually have a case against me? What is my next move?

If I hear anything more, I shall be sure to post it here!

DarkConvict

If it is over 6 years since last WRITTEN acknowledgement or payment, it is statute barred and they have to leave you alone, failing to do so does constitute unlawful harassment.

Verbally admitting to an old debt (even a current debt) doesnt mean anything. In addition once statute barred, its always statute barred. Now you have sent the letter they must provide proof against it, or stop contacting you for payment. Only if they provide proof the debt is not statute barred should you investigate it yourself.

You have taken the right course of action, although we recommend not phoning as for the above reason you have mentioned they try and twist your words. You seem to know what your doing :thumbup:

rabbit80

Thanks for that - I guess I was looking for confirmation that I was taking the right course of action. I actually enjoy these phone calls - they provide a break to the monotony of the day and annoy these agencies I am usually pretty careful about what I say - I just feared that I may have slipped up a little bit there though.

DarkConvict

Fear of slipping is something i face to Normal Feeling, although never-in-doubt loves to torment them on the phone if they ring him

gonzo127

the one i have used succesfully when i have had to deal with people like this on the phone is to inform them (even if i am not doing so) that i have put them on speaker phone and will be recording the conversation for my records which usually puts them off as you would then have proof of them giving mis-information or bullying tactics,

also when you do this make sure you ask for them to please repeat their name and the company they work for before you will proceed once again even if you are not actually recording it as i find it tends to put them on the back foot as well

rabbit80

gonzo127 wrote: »

the one i have used succesfully when i have had to deal with people like this on the phone is to inform them (even if i am not doing so) that i have put them on speaker phone and will be recording the conversation for my records which usually puts them off as you would then have proof of them giving mis-information or bullying tactics,

also when you do this make sure you ask for them to please repeat their name and the company they work for before you will proceed once again even if you are not actually recording it as i find it tends to put them on the back foot as well

I always ask them to confirm the address of their registered office before I divulge my own address - to confirm their identity!

rabbit80

Sitll no word back from these jokers. Is there any letter that I can send that will force them to reply - only so they dont sell this on to another debt recovery company who can cause me more hassle?

DarkConvict

Nope, take it as if they don't reply they haven't got anything to say. Its profitable for them to get you to pay so if you were liable they would be in touch straight away, but demanding money from a debt in dispute or if they are unsure if they have the right person can lead to complaints to the OFT. So to avoid looking like idiots they won't reply.

rabbit80

Last week, Zinc started to leave messages on my answer phone again - claiming that they were going to pass the account on to take further action.

They failed to respond to my letter on the 26th Feb, and have shown NO evidence that I have acknowledged this debt in the past 6 (or even 10) years.

Since this now potentially amounts to harrassment, what is my next move?