Help

PJonesy

I have received today a letter saying I owe some money to a company, the company in question I have not spoken to since 2003 after paying off an ex's account. Does anyone know if I have to pay this or am I being scared into paying money that I believe I don't owe.

Any comments would be very much appreciated

MrsTinks

Was the debt in your name? If not then not your problem even if you were a nice person and paid your ex's debts... oh and 2003? Wave the term statute barred at them along with "data protection act" when it comes to chasing YOU for someone elses debt - naughty peoples They aren't supposed to discuss ANYONE elses debts with a 3rd party ie you

Or just send them the "prove it" letter... let THEM prove that YOU owe any money They can't...

PJonesy

Thanks for the advice unfortunately the account was set up in my name, how ever when I split with the ex I rang them up said I will pay what is left on the account and then want to close the account, so far as I was concerned the account was closed and never used again.

Perhaps I should of double checked.

MrsTinks

Mmmmmm ok - in that case you need to be sure of the dates you last paid or acknowledged the "debt"... if you haven't paid or acknowledged the debt in 6 years (5 for Scotland) then it would be statute barred anyway. When closing any account get it in writing and keep it till you are CERTAIN it's been closed. If nothing else then only to make it easier for you

If you're sure it's more than 6 years send them the statute barred letter - or if you're certain it was paid off you could start with the "prove it's mine" letter... but I'm a nasty horrid person who like making them think they stand a chance before THEN hitting them with statute barred But then DCA baiting is a bit of a sport to me

bottleofred

Hi,

If you have not acknowledged the debt in over 6 years (5 in Scotland) and they have not got a ccj for it, then the debt is statute barred. Probably best to send the prove it letter first, although only print your name as some nice debt collectors copy signatures! There is also a statute barred letter, but send this first.

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

PJonesy

Many thanks for your advise I will follow it up with one of the letters.

PJonesy

If I send the prove it letter and it proves to be active in my name have I still got a case, or am I bang to rights? As I said before the last I knew the debt was paid off after I split from the ex and account closed.

Once again thank you for all help in this matter.

sofababe

Why do you think you might owe them anything? You paid off this debt in full some years ago, yes? Then how can there be anything else to pay? Send the prove it letter, if you're definite that you paid this then they won't have anything on you.

podperson

I would send them the prove it letter, if they actually manage to come back with anything valid (which in itself is quite unlikely!) then it will be from 2003 or earlier so can just send them the statute barred letter.