Need Information Could someone Please Help!!!!

cross_lips

Hi All I would be grateful if someone could help me . My OH recieved a letter last week from a company called buchananclark + wells for a debt they claim he owes. He vaguely remembers the company they are acting on behalf of but he cannot remember whether he paid it or not. What I do know for certain is he has heard nothing about this and this is the first time he has heard anything about this so i am saying on average between 10-13 years ago.

Today another letter has come through saying final notice with a view to commencing legal proceedings, I don't know what to do or suggest to him.

He has checked his credit file with both experian and eqifax and there are no ccj's taken over the last two addressess we have lived at (that in itself amounts to 10 years of addresses). However both do say they only hold ccjs for 6 yrs. We also have taken out a mortgage in the last three years and I don't think anything came up there either, we certainly was not ever told there was anything anyway.

He has made no contact with this company at all as he wanted to find out what information he can. If he did pay it in full we would not have any proof either because we had a clear out 3 years ago of all very old receipts.

Can some one please help.

Joby_2

if he is telling the truth & has not received any contact re the debt for ovger 6 years then the debt is statute barred & cannot be collected.

gonzo127

send them the prove it letter on this site

basically it is not down to you to prove you do not owe the debt, it is down to them to prove that you do,

if you are right and it is over 6 years since the debt was incured and it does not have a CCJ against it there is nothing they can do and then you just need to send the statute barred letter

but first things first send the prove it one and remember to send it recoreded delivery and sign it digitally in block capitals, DO NOT sign it with your normal signature

Numpty_Monkey

Sounds like they are chasing a "Statute Bared" debt
If you are possitive that no payment or acklodgement of the debt has been made in the last 6 years
Send them the the template letter (fill the details in)
http://forums.moneysavingexpert.com/showpost.html?p=30356327&postcount=23
Thats for England and Wales only

If you are not sure send the "prove it "letter
http://forums.moneysavingexpert.com/showpost.html?p=23624459&postcount=3

Always remember its upto them to prove that you owe the debt, not you to disprove it

Tixy

Link to the prove it letter
http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

A CCJ will disappear from your credit report after 6years. However if by chance there was a CCJ and it was not paid then the creditor/DCA would still need to obtain permission to collect this debt after a 6year period with no payments towards it (which a court would be unlikely to grant).
Also there is an online database of all CCJs - registery trust online. You do have to pay to look at the data though. I'm not sure if that shows CCJs older than 6years but it might, I'm sure it will tell you how far back data they can show you somewhere on that site (if you wanted to check if there is an old CCJ from more than 6years ago).

cross_lips

Thank you to all your posts and sorry not replied earlier could not find my post and just discovered how i can find them . Following on from this I sent off one of the templates after receiving the letter with them threatening to take my OH to court and have just received the following letter back. "Visit by debt investigation officer". Well i'm not sure what to make of this situation cos one minute they are threatening to take him to court and the next they are saying he will get this visit. They have not acknowledged that they received the letter that we sent (cos they say as a consequence of our failure to contact them). so would I be right in sending a copy of the original letter and an accompanying letter also telling them that I want a copy of information under the section 5 limitation act and that further harrassment will result in me contacting OFT etc. I really would be grateful for any info or opinions on this as it is making us anxious cos we really are not sure about it and are worried about answering the door.

RAS

Did you send the first letter regsitered post, so that you can confirm that they received it?

cross_lips

No I didnt. stupid of me I know but if they so claim that i had not contacted them why go from "legal notification" with a view to taking him to court to "visit by Debt investigation officer" odd isnt it..

Tixy

This could well be because they no they can take no legal action against him. And are instead hoping to pressurise him into paying something.

What letter did you send - the prove it letter or the statute barred debt letter?

This here is a letter to stop them visiting him (which I assume you would like to do!) - http://forums.moneysavingexpert.com/showpost.html?p=23624477&postcount=4

katsu

This debt investigation officer has no right to enter your house.

I would write back:

*sending the letter recorded delivery
*say you do not consent to any visits
* you note they have not responded to your letter. Reiterate you expect a response to your letter enclosed.
* require that they correspond with you in writing only.

gonzo127

not odd at all, they all do it, throw enough nasty sounding terms at people and some will buckle and pay up however you will find somewhere in the letter they usual add a cheaky 'might' or 'could' or 'possible' or something like that

most people get very scared when they hear bankruptcy, or debt collection visit, courts etc and every extra letter people get containing these terms makes people more and more likely to buckle and pay up.