debt management problem

oldboy282

Hi my husband paid off all his debts on a debt management plan at least 3 years ago.
Last week he recieved a letter saying he still owed money to one off the companys it has been passed to debt company have spoke to them and barclays but dont seem to be getting anywhere.
he remembers recieve in a letter saying all paid off.
Not sure wat else he can do any help or suggestions would be great .

Tixy

Hi

Does he still have the letter that says it was paid in full? Do you know if at the time he was paying to barclays or to the DCA that has written to him or a different DCA?

What debt management company did he use at the time? has he asked them if they have a copy of the letter or an account statement to show the debt was paid?

Did he do any reduced final settlements with any creditors towards the end of the DMP?

Has he checked his credit file in the last couple of years and is this debt listed on there - if it is did it show as paid or outstanding?

First response to this letter should be to write the prove it letter and wait to see what they reply with - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

moneypenny2k

My first thoughts... I'm sure somebody more learned will correct me if I'm wrong.

I'd say first point of call is checking to see if he can find a letter saying the debts are clear.

If he can't find the letter then he'll need to contact the debt managment company.

I'd say the chances are it's an admin error, you see it a lot on here, satisfied debts sold on to companies that 'try it on' by sending a pay up or else letter.

If you can't get proof of payment I'd send the debt collection agency a prove it letter.

EDIT looks like great minds think alike Tixy

oldboy282

Hi he doesnt have letter from debt company as it was nearly 3 and half years ago he cant even remember who he used to deal with it.
The company dealing with it as sent like a credit report attached to it.This seems to be only proof of it.
Thing is the debt is with barclays who 2 years ago gave us car finance who would give someone more money if u already owe them ???
The guy at hfo dealing with debt collection is an !!! (excuse the language)
I spoke to him today he didnt even ask me security questions how can that be right.

I have asked for a signed credit agreement and copy off payments made to default guessing this may have debt managment company name on i hope and pray .
He as told me thisd is dealing process and adding intrest to it and we will have to pay in full and could lead in futher action been taken.

fomirster

HFO are notourious for their underhand tactics and pressure they put on people. They specialise in buying distressed debts that are often unenforcable due to statute or no forcable agreement.

Firstly don't bow to their pressure. It is their job to prove a debt exists, not yours to prove it doesn't. They may not send you the documents that you have requested unless you send them a CCA request with a £1 postal order.

Secondly HFO will put on all manner or charges and interest rates, usually these are not enforcable. They cannot apply their own T&C's to an account, if they are collecting on an agreement from Barclays then Barclays T&C's apply still. HFO are not entititled to charge you interest until they made contact with you and are not entitled to once you put the account into dispute.

Contact Barclays (ring them) and ask them if the account was satisfied or has been sold and whom it has been sold to. They will tell you this over the phone. You may have to send them a SAR letter with a £10 postal order, but this is a little further down the line.

If HFO keep phoning you, tell them you are disputing the debt and will only deal with them in writing. Tell them that any continued phone calls will be viewed as harrasment and that you are of the view that your continued harassment of yourself by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

And tell them that If they continue to harass you by telephone, you will also be in breach of the Communications Act (2003) s.127 and you will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Expect their usual threatograms to come as well, like their 72 hours of litigation notice etc, this is usual practice. Ignore them, they are mean't to intimidate you into paying.

Make sure you keep the envelopes they send the letters in, this is proof of postage date from the royal mail.

Was this letter a notice of assignment?

oldboy282

Hi we have recieved another call today let him rabbit on for a bit and then told him all future correspondence was to be through the post he then told me i needed to write a letter stating that (would never off guessed !! sorry for sarcasm ) He then asked if i was sending £1 cheque and asked me for security questions i refused security and told him my letter would be in the post and hung up.

Yeah it was an assigment noticed signed barclays bank no name which i have read is incorrect.

Have gone back through the credid report he attached to his 1st letter and spoted there first fault off having his date off birth incorrect on one off them and debts that start before he even lived at address according to the electoral dates.

fomirster

Firstly well done for sticking up to them. Get the harrassment letter off to them and your CCA request with the £1 postal order. Make sure you send it recorded delivery.
Yes it's unlikely the NOA came from Barclays as they don't usually issue them and they always put their name and position on official letters and defaults etc for accountability. HFO have been in the past allowed by a dept of Barclays to use their stationery but im not sure if this is still the case. Either way you will not find a copy of this when you send a SAR to Barclays.

The other issues in your last paragraph are minimal significance at the moment, all depends on what paper work turns up from HFO and Barclays

fomirster

Hi Oldboy, how are things going? Have you been able to get the SAR sent off? Are you still getting phone calls from HFO?

oldboy282

Hi sent them a letter from debt advisory site with a 12 working day response and has been way longer. Today have recieved a signed credit agreement but no statement off account which was requested in letter. Not sure were to go next do i send another request for it ? They have stopped phone in completly now.

fomirster

When was the credit agreement from and is it an agreement or an apllication for credit?

Send them an account in dispute letter as they haven't fully complied with your cca request. You have the right to know how this alledged debt is made up. Seems strange that they have not sent a statement of account.

have you had any luck in remembering who the debt management company you used were?

oldboy282

Its an application for credit. Okay will send the letter monday.
No still cant remember tried asking his family and still no joy.
Thanks so much for all ur help u have been brilliant