Debt passed to another collection company whilst in dispute

Numpty_Monkey

Borrowed from Niddy's thread
27.2 - Harassment by Telephone - Template to send if you're getting lots of phone calls;
27.3 - Harassment by Telephone - Follow Up - Template issuing s.10 & phone number removal;
27.4 - Legal Threat - Harassment by Telephone - Threat of legal action unless the phone calls stop;
27.5 - Harassment by Telephone - At Work - Template to advise cessation of calls at work.

I'm sure the template is in there somewhere

spikescot2005

Still none of the requested information or proof of the debt. They have now sent a letter saying they intend to take me to court if I do not make payment. Any ideas on how to respond to this? I think I once saw a letter on here of what to send but can't find it now.

Thanks in advance for your help

DarkConvict

If they do not provide proof of your liability to the debt, let them take you to court.

In your defence you just enter, after repeated requests for proof this debt is owed they have failed to provide any evidence at all about the debt nevertheless any liability i have to it.

If they bring proof on the day of the court, then you simply state to the judge now that proof has finally been brought up, I would like to take some time to analyse this and if necessary request further information.

They would basically loose in court for failing to provide evidence a reasonable time before court action had started.

barbiedoll

This may be the letter that you are looking for...

http://forums.moneysavingexpert.com/showpost.html?p=33791811&postcount=18

The whole thread is helpful if you have never received a valid CCA, and as DarkConvict says, they won't get anywhere in court without it.

I hope that you have kept copies of the letters requesting the CCA, if they do show up in court with any valid paperwork (unlikely), you can ask them why they have never provided you with a copy, despite your requests. I don't think you have too much to worry about. Did the last letter say that they MAY take you to court or that they WILL? Most of their correspondance is just threats anyway, designed to scare you.

spikescot2005

They said intend to and how much extra it will cost me.

pepe2008

spikescot2005 wrote: »

They said intend to and how much extra it will cost me.

Just a last ditch attempt to scare you. This happened to me ( not with fredericksons) in the past and, once I had pointed out their attitude and lack of concern for wasting the Courts valuable time, the Court made a Costs Order against them and gave them a good going over.

NorthernLas

Assuming that you sent the 'Account sold whilst in dispute' that DC pointed you at. The current people writing to you now know that the account is in dispute.

As they are now threatening legal action you could send the 'Threat-o-gram' Letter from the Enforcability IV thread. http://forums.moneysavingexpert.com/showpost.html?p=33792095&postcount=31

As others have said, as long as you have evidence of sending letters and asking for information, there is nothing much that can be achieved.

spikescot2005

Thanks for all your help i will get that letter sent. When they say intend to take me to court do you think they mean 'may' or 'will'

spikescot2005

Well another month and another letter again saying they intend to take me to court if I do not make payment. Still none of the requested documents received. I have already advised them the account is in dispute and sent them the "Threat-o-Gram Letter before Action" in response to the last letter which gave me 7 days to pay before they take me to court.

Any ideas how to handle this or should i just ignore it.

phil80

As mentioned in previous posts these are just letters intended to try and scare you into paying up. As long as you have the letters you have sent requesting the information a judge would not look to kindly on them wasting the courts time in this case. Can you remember when you last made payment on this account as if it is longer than 6 years ago the debt will be unenforceable anyway.