Debt recovery agency with holding request for information

blondies0508

Hello there don't know if anyone can offer any advice. Completely out the blue i received a letter from a JB Debt Recovery agency on 24/5/10 demanding 1229.60. obviously i was shocked by this as a) it was in my previous name ihave been married for almost 6 years and b) had no reference to what this debt was for. I telephoned the company and explained i thought they had got it wrong as i currently have a very good credit rating, have two new credit cards and just obtained a mortgage. No where on my credit files does this exist. They eventually after a lot a discussion as they wouldn't believe i am now Groves not Preston they told me it was an old Lloyds TSB debt from 2004. I asked if they could send me evidence and details and was rudely told that if i was unwilling to accept liability they do not have to send me any information. I explained a debt with lloyds tsb through solicitors Sechiari, Clark & Mitchell was settled over 2 years ago and have written to them stating this and quoted relevent reference numbers. I also put in writing that i accepted no liability for this debt and wanted it investigating and proof sending to me that this debt exists as i made a settlement payment with the above mentioned solicitors. I also put that i had not had any previous correspondence from any collection agency as in the later it suggested i had ignored previous letters. I have lived at this address for over 9 years!! Since my phone call and writing to the agency and also faxing my letter / request for evidence i hve susequently recieved a letter from Lovell saying tht they are unable to accept the letter from the solicitors as proof of settlement and i must provide bank statements.... i did not own my own bank account from 2002 until January 2009!!! Unfortunately I paid everything cash any money was paid into my then partners account and he would draw out cash for me. I have no receipt as was never told i would need to keep it and obviously never expected to hear anything again. I have worked hard to get a good score now and have my own account, credit cards and just gone on the mortgage. Lowell are insisting i prove my name change in addition to bank details i really am unhappy as this is not very secure in todays climate! Shall i try the solicitors again direct and see if they will put something in writing to confirm settlement hopefully they will still have my records in archives! I feel really bullied at the minute as the JB collection people were so rude on the phone,,, any advice greatly appreciated many thanks.

Freddie_Snowbits

Try using the Debt Free Wannabee board, this is for consumers who want to eat at cheap cafes and expect silver service. Freddie, even though he is an expert, at debt, he is not.

http://forums.moneysavingexpert.com/forumdisplay.php?f=76

undaunted

If they wish to pursue you for a debt they do need to provide you with information - like a copy of the contract. You are under no obligation to speak to these people. I'd write to Lloyds TSB if that's who they claim to act for, copying the Solicitor you say acknowledged it as settled for them & demand that between them they resolve this issue.

Toe-Jam

(1) It is over 6 years old and they can't legally chase this whether you owe it or not. Tell them its paid and in any event its status barred and they have no right to chase it.

(2) It is up to them to prove you owe it , not you to prove you don't owe it. You don't need to go looking for bank statements or anything of the sort.

Send them this letter (I emailed mine wouldn't waste the price of a stamp on them to enquiries@lowellgroup.co.uk) and they will leave you alone

Dear Sir Madam

REF:

You have contacted me regarding the account with the above reference number wich you claim is owed by me.

I would point out that I have no knowledge of any such debt owed to XXXX for XXX.

I am 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.

I would also point out that the OFT say under the guidance, that it is unfair to persue 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 would ask that no further contact be made concerning the above acount unless you can provide evidence as to my liability for the debt in question and I expressly request that all future correspondance is by email or letter only.

I await you 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 look forward to your prompt reply.

Yours Faithfully


XXXXX

munkylady

hi all,

i am going through a divorce and slowly clearing my debts! I have always been on the electoral register! on friday last week, i received a letter from a debt collection company for a debt of £300 ish in my maiden name! (I WAS MARRIED SINCE MAY 1999)! therefore this supposed debt must be over 10 years old!

Should i bother contacting them? is there a limitation on time when a debt can be chased?

I cant understand why it has taken so long to contact me, and to be honest, i dont really know what the debt is actually for? appears to be GE Captial????? means nothing to me.

Also, they have addressed the letter to me in my maiden name!!!!!!

Any advice would be greatly appreciated.

Many Thanks

Crazy_Jamie

Toe-Jam wrote: »

(1) It is over 6 years old and they can't legally chase this whether you owe it or not. Tell them its paid and in any event its status barred and they have no right to chase it.

(2) It is up to them to prove you owe it , not you to prove you don't owe it. You don't need to go looking for bank statements or anything of the sort.

Both points are dead on. The only other point I would make (which has admittedly already been made) is that this......

I asked if they could send me evidence and details and was rudely told that if i was unwilling to accept liability they do not have to send me any information.

...... is absolutely wrong. They do have to disclose information to you that is relevant to the claim. Refusing to do so in such stark terms would make me very suspicious about this. I would go along with Toe-Jam's advice and send a letter drawing a line under this. There is a typo on the fourth line of his suggested letter (persue --> pursue), but other than that it is more than suitable.

munkylady wrote:

Should i bother contacting them? is there a limitation on time when a debt can be chased?

The limitation period is six years. What does the letter actually say? Unless they have put something tangible in the letter I would be inclined to ignore them.

munkylady

hello, thanks for the info, the letter i received basically says that i have an outstanding balance with GE Captial, and they have been provided with the above address through public databases.

It also says that they believe that i am their customer and that they would like to talk to me.

Finishes stating that if im not the account holder then i need to tell them to amend their records

Crazy_Jamie

munkylady wrote: »

hello, thanks for the info, the letter i received basically says that i have an outstanding balance with GE Captial, and they have been provided with the above address through public databases.

It also says that they believe that i am their customer and that they would like to talk to me.

Finishes stating that if im not the account holder then i need to tell them to amend their records

Have you ever actually had any dealings with GE Capital? If so, when did that come to an end?

munkylady

I have not dealt with them at all since i was married in 1999 and through divorce, im not sure neither if i ever did previous to that!

KeithP

Toe-Jam wrote: »

It is over 6 years old and they can't legally chase this whether you owe it or not.

I thought a statute barred debt was where six years had passed with no contact between the debtor and creditor.

Here is a quote from another, not official, website...

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

It isn't clear (to me) that "six years without contact" has passed.
The OP says...

blondies0508 wrote: »

I explained a debt with lloyds tsb through solicitors Sechiari, Clark & Mitchell was settled over 2 years ago and have written to them stating this and quoted relevent reference numbers.