Can You Help?

RadoJo

MistysKisses wrote: »

he said i needed to ring 3 and ask them how much is paid etc etc
i said i wanted to get some advice so can they send me it in writing to which he said
if i send it in writing it will just say what i am telling you, and it is wasting the time you have before you are taken to court
they are threatening to put a CCJ on the account

As I understand it, the only way they could get a CCJ would be if it went to court and they could prove that you owed the money - they have no power to apply this unilaterally, so if they can't even prove to you that you owe the money, then they won't be able to prove it to a court.

booter

Just to add my bit - a friend of mine had a similar problem (although not with this co.) and I told her to write to them stating:

"There is no debt
I will not be entering into any further correspondence on this matter
If you continue to contact me by phone, mail, electronic mail, or any other means, then I shall consider this harassment under S40 of the Administration of Justice Act 1970"

(or words to that effect). Check https://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php#1
I don't know if this legislation is still in force, but it worked for her!

Good luck

MistysKisses

this is what i have copied/pasted and printed(aswell as adding some bits due to advice above)

Dear Sir/Madam
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Re: Hutchinson 3G - ************(todays telephone conversation)
You have contacted me regarding the account with the above number, which you claim is owed by myself.

I would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

p.s. I will only deal with this matter by mail therefore i wish for you to remove all telephone numbers with immediate effect as this is a breach of Data protection

what do you think?

OlliesDad

The amount will be statute barred 6 years after you last acknowledge the debt. Therefore if your last payment was less than 6 years ago, it will not yet be statute barred.

MistysKisses

it was oct 2003 i last heard from them

4743hudsonj

That letter sounds a little like your aknowledging a debt.

Shorten it for to just there is no debt and cease all further correspondence etc etc. The rest is unnecessary

DVardysShadow

queen_of_cheap wrote: »

you need to provide proof that you have paid the debt off.

NO!
They need to provide proof that the debt is owed.

DVardysShadow

MistysKisses wrote: »

they have just called me and said they cant provide proof
i have asked for contact details etc so that i can get some advice and call them and they have given me until tomorrow dinnertime
they said they cant send a letter out as all it will say is the same as he was telling me?
thanks for replies-how can i prove i paid it off after all these years?

Look, the guy is a little !!!!!! of a nobody in a call centre. He is as ignorant as they come, he just gets the job on the back of being able to bully.

If he says he cannot provide proof, then tell him to go to court without proof, because you could do with a laugh at his expense. And put the phone down on him.

You are now sending a 'prove it' letter. If they phone again, tell them to answer your letter. If they say they have not received it, send it again if it makes you feel better - but always be the one to calmly put the phone down on them.

If you last paid anything in 2003, the debt is statute barred and you would win the case on that argument. So they are only left with the option of trying to wind you up.

MistysKisses

i got the template letter from another forum, is there another i could use?

DVardysShadow

MistysKisses wrote: »

i got the template letter from another forum, is there another i could use?

Sorry, just looked again. You have the 'statute barred' letter. I would suggest you draw the misery out for the DCA and go for the 'prove it' letter.

It is also better for you to start with 'prove it', because once you have sent it, if they don't prove it but take you to court, you can really make them look stupid if they produce evidence - because you can demonstrate that you asked them for proof and they didn't provide it. On a bad day, you should get your costs. On a good day, you could get an adjournment.

Also, if you fail to stop them off at the 'prove it' hurdle, you still have the statute barred hurdle to make them jump.

'Prove it' and 'statute barred' templates on the Debt Free Wannabe section - in the stickies.