debt collecting agencies

tulipfever

hello people can anyone advise me? I had a letter from a debt collecter about two months ago and have recently received another asking me to pay a debt for a computer I bought in about 2004/5. I thought this was paid off. It is possible it wasn't i really dont know. (because i have payed scant regard to my finances in the past although much more dilligent now - and have taken a thousand off my overdraught in last 10 months! ) Initially I called the company as I did not know why they had written to me. They wanted a lot of personal information which I refused to give.

Anyway, I think I shoud act and I suppose I should contact my bank to see whether all my dd payments were made? But what are my rights - the loan company with whom I had the origianl agreement has never written to me and the alleged debt is a few years old.

If i find I owe the alleged £500 should I pay it (it would have to be on a credit card!) or could I negotiate a lower offer if i find i do indeed owe it. Does anyone know ?

Can anyone advise me, I'd be really grateful as currently I am behaving like an ostrich!:(

GeorgeUK

Hi

First thing i would do is check your credit file and see if this debt is shown there.
You can do this free at equifax or experian (if you cancel within 30 days).

Next, it is up to them to prove that you owe the debt - it is not up to you to prove that it is not owed.

If there has been no payment made to the debt for 6 years (5 in Scotland) and you have not acknowledged the debt in writing, then there is a good chance the debt will be statute barred. This means they can ask for payment, but cannot enforce the debt - even through the courts.

bottleofred

Hi Tulipfever,

As Georgeuk has said, this debt may be statute barred and it's also up to them to prove you owe the money. I've attached the prove it letter below in case you keep getting harassed, although I'd check with the bank about the direct debits first and would not rush to contact them. I also suggest all contact in writing as they tend to be rude, aggressive and nasty!

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are 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.

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.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

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

We look forward to your reply.

Yours faithfully





Mrs A N Other

handyman123_2

Hi Tulipfever, I would also ad a rider to bottleofred's letter telling the DCA that you will only communicate in writing. This will (should) stop them calling and hassleing you. Also only sign any letters digitally, i.e. fancy font.

Cheers, handy.