Mackenzie Hall / CCJ

Vaino

jammin wrote: »

How old is the debt? Have you acknowledged that you owe the debt?

Hi, no, i told them that im surprised, i don't owe them anything and i have to contact the company as the bill was waved (or supposed to be) as acustomer complaint. I wonder, how can they tell, the operator cannot wave the debt, even if it was caused by a misoperating handset and i have legal rigth to dispute it under Trading Standards regulations?
The debt is almost 6 years old, as they said i paid some sum to the debt company long time ago, and it defaulted

jammin_2

Well once 6 years have past since you last acknowledge the debt, it's statute barred anyway (wiped). Might be easier to just rely on that, rather than mess about trying to prove the handset wasn't working properly. Actually the latter would be an issue between you and the retailer anyway, and nothing to do with the airtime provider or your contract with them.

Vaino

its not 6 years yet, they said i paid some sum in the past (i dont remember) and that it defaulted on the last payment

jammin_2

Payment is acknowledgement of the debt. You need to find out when the last payment was.

Gordon_Hose

I'd be getting Mucky Balls to prove that you owe the debt.

As it is a service agreement (rather than a consumer credit agreement) they'll probably send you print out of statements. That will give you an idea of when the last payment was. Undoubtedly the statements won't identify you as the debtor either.

Send them this:

Dear Sir/Madam

REF: [Add any reference you have been supplied with]

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

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

I/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.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

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

I/we look forward to your reply.

Yours faithfully

SIGN DIGITALLY.

Beccabee1983

Hi,

I too have received a letter from MH today 30.04.2012. I do know of one debt that I may have for a B&Q store card - I set up a DD but they never took any money. Not sure if the letter is regarding this debt, or if they are just trying their luck.

I am in the process of selling my house and looking to buy a new one. After reading the posts on here I am confused about what to do regarding this letter. I don't want it to affect my credit rating and put a spanner in the works with regards to buying a new property.

Any help and advice that the experts on here could offer me would be much appreciated.

Many thanks (in advance)
Beccabee1983.

Gordon_Hose

You need to get copies of your credit report from Equifax, Experian and Call Credit (statutory report costs £2 from each).

If it has been passed to these numpties, chances are the damage is already done.

tinkabells

Can someone help me, ive been getting letters from these people for a few months now, I finally sent them an email its for carphonewarehouse the debt when i worked for them back in 2004, i didnt know about the whole 6 years thing, so they sent me letters whith login details for there website, i didnt go on it but they someone how got my email address and i asked for the login details, they then emailed back asking for my full details to give me this, i stupidly emailed back my name, address and dob and they then said to sort out a settlement, i did go on there website and did an expenditure but now im thinking as this debt was over 6 years ago, have i now agreed this is my debt and do i have to pay this off?
Thanks for any help

Tixy

tinkabells wrote: »

Can someone help me, ive been getting letters from these people for a few months now, I finally sent them an email its for carphonewarehouse the debt when i worked for them back in 2004, i didnt know about the whole 6 years thing, so they sent me letters whith login details for there website, i didnt go on it but they someone how got my email address and i asked for the login details, they then emailed back asking for my full details to give me this, i stupidly emailed back my name, address and dob and they then said to sort out a settlement, i did go on there website and did an expenditure but now im thinking as this debt was over 6 years ago, have i now agreed this is my debt and do i have to pay this off?
Thanks for any help

It depends. Really need a lot more information about your situation

I finally sent them an email

When did you send them an email and what did it say?

its for carphonewarehouse the debt when i worked for them back in 2004,

What did the debt relate to exactly? something to do with your employment such as overpaid wages or is it just a phone contract? When did you last make any payment towards this debt/account?

and i asked for the login details

was this done by email? what exactly did you state?
e.g. if you said "please provide login details so that I can pay off the money I owe for this debt", that would be very different to saying "I no longer have the login details you sent to me"

tinkabells

Tixy wrote: »

It depends. Really need a lot more information about your situation


When did you send them an email and what did it say?


What did the debt relate to exactly? something to do with your employment such as overpaid wages or is it just a phone contract? When did you last make any payment towards this debt/account?


was this done by email? what exactly did you state?
e.g. if you said "please provide login details so that I can pay off the money I owe for this debt", that would be very different to saying "I no longer have the login details you sent to me"

The debt was a contract i had with them when i worked with them, but when i left it was supposed to have been cut off which it did get, the email i sent was just asking for login details and ive also asked when i was supposed to have defaulted on this debt and they have emailed back saying it was defaulted on 15.6.2006 i havent said this is my debt just asked questions about it and the login was they sent me in a letter to me.
So im not sure on where i stand with it all?

Thanks for the replies