Can I still be chased for this?

fermi

Tixy wrote: »

fermi wrote: »

so they will only take court action if they are complete morons.

:silenced::silenced::silenced:

:rotfl:Well.......... Yes. There's no accounting for some DCAs.

NeverAgain_2

Only a court can issue a CCJ against you, nobody else can.

From what you say, you have a good defence on two fronts, the debt isn't yours, and in any event it is statute barred.

No point in sending any more letters to be ignored.

Let them start court proceedings if they want to - it's the only place you will get a (reasonably) fair hearing.

Ditzy_Bird

I did write out a big response to everyones replies and then thought that I'm being a total worry-wart and I don't want to annoy everyone by being stupid in case I need your help again (which I will do when I've finished putting together the form that says how much pooh we are not in financially )

So basically I should keep hold of all the letters and stuff and see what happens. If they issue court proceedings then I defend it on the basis that it's statute barred and they haven't provided me with any information to prove that the debt isn't statute barred. If it gets to that point I'll need your help In the meantime don't worry about it (or try not to!).

MrsTinks

Well I personally would write them a letter referring to your last letter dated x, in which you draw their attention to the fact you do not believe that you are the debtor in quetion, IF you were the debt would still be statute barred and until such a time as they can prove the debt is not only yours but also not statute barred then any further communication from them will be seen as harrassment. Should you need to correspond with them again you will have no choice but to invoice them for your time and any costs incurred. Your costs are £x per hour started of your time and £x for postage of letters recorded and £x for administration costs. If they do not pay any such incurred costs within 14 days of recieving your invoices you will have no choice but to pursue the debts to within the full letter of the law including small claims and seeking to take out a CCJ against them should they fail to pay within your terms and conditions...

But then I'm a nasty old bag like that

Ditzy_Bird

:rotfl: Mrs Tine!! Would love to have the balls to send that!!

Hannah_10

Why not though Ditzy? They are totally taking the Mickey here. It's SB regardless of whether it was even yours in the first place. The FOS awards compensation to cover your time at a rate I forget now, but it's not bad, a lot more than basic admin staff get paid in my area so by saying you expect to invoice them for your time you are really only showing a decent grasp of what's fair.

You can either file the letters and know that any threatograms are meaningless scare because you can defend on two different perfectly valid points or you can play hardball. For the way they're treating you they deserve to be punished to give them cause to think twice about operating this way. The next person they pick on could be your frail old Granny who is then petrified of the door bell for months or your teenage cousin who can't cope and sinks into bleak a depression that will dent thier career prospects for years.

Kick some DCA backside, you know you want to.

Heyman_2

Have to agree with MrsTine here.

They are harassing you for a debt and it is your position that not only is it statute barred but that you do not acknowledge the debt. It feels scary but if anything you should be angry that they think they can get away with threatening you like this. Hannah has it right, best to either dismiss the letters as the huffing and puffing that they are, or go on the offensive and take the wind out of these jokers' sails!

Ditzy_Bird

I'm too scared to do this myself, so I just called the FOS. I spoke to a very nice chap there and told him what was happening and he told me that Clarity are acting on behalf of Santander in this instance and that I should have been writing directly to Santander to dispute the debt. He said that Clarity should have passed the letters I sent on though. He originally advised that I see a solicitor, but I told him I couldn't afford to do that so he has started a complaint against Santander and they now have 56 days to reslove the complaint. If they don't I can involve the FOS again. He has advised that I write to Clarity and tell them what I have done so that they are aware. He said they are likely to then go back to Santander and tell them they won't persue it anymore on their behalf; he reckoned they'd get paid either way so they won't care. I've composed this, which is the bare minimum, but I don't think they need to know any more, could anyone give me their opinion of if it's ok or not?


Dear Sirs

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *************

FORMAL COMPLAINT to the Financial Ombudsman Service.

Thank you for your letter dated 7 March 2011.

I write to let you know that I have today started a formal complaint through the Financial Ombudsman Service against your client, Santander UK PLC, regarding the alleged debt you have been chasing. The Financial Ombudsman Service reference number for this case is ********, should you wish to confirm the action I have taken.

Yours faithfully


I know that maybe I could have done this without the FOS, but I feel totally out of my depth here and thought it sounded much better if the complaint came from someone official.

king100

Ditzy Bird

The debt either isnt yours or its SB either way they have no leg to stand on.

Just kick up a fuss with as many people you wish, you can go with ICO, The FSA, there are many others to get these muppets into trouble with. Remember to make a note of the time taken to read and write these letters.

If you feel upto it you can send them an invoice for your time to deal with this matter and see what happens.

Ditzy_Bird

It's stupid really, I'll complain in person about bad service or I'll call and complain about shoddy goods (got £5 out of Aldi for a 99p bag of bruised apples last week ), but something like this with money and I'm bricking it. We're up pooh creak with less than half a paddle at the moment, which is probably why it's worrying me more and I just want them to confirm it can't go to court and they are going to stop chasing me. I feel rather stupid that I can't deal with this without feeling like a blond 5 year old.

Think this is proving to me that we need proper help with the debt we are in and I'm going to gather everything up and do the form on here at the weekend. Guess it's time to stop living in lala land and deal with things before we end up bankrupt.