Help please. morning phonecall about debt from 2005

tibby17

New to this so bear with me! I received a phone call this morning from Robinson Way saying i owed a Kays debt of £130. They had my previous address (moved last september) but then said the debt was from 2005. I tried to confirm what address they had the debt from and then could only give me an address i lived in 10 years ago and said that they received the debt in 2005. I've had a little look around and found a letter template on here about debt over 6 years old. is that something I can use in this situation? They've offered me a £50 settlement if I pay within 14 days but when it's something I have no recollection of from so long ago I don't really want to pay it. Any advice on my next step? Should i send the letter or just pay the £50. Thanks for any help or advice you can give me.

nottoolate

tibby17 wrote: »

I tried to confirm what address they had the debt from and then could only give me an address i lived in 10 years ago and said that they received the debt in 2005. I've had a little look around and found a letter template on here about debt over 6 years old. is that something I can use in this situation?

yes. it's got to be at lest 6 years since you paid or acknowledged it based on those dates

send the letter by signed for post

king100

nottoolate wrote: »

yes. it's got to be at lest 6 years since you paid or acknowledged it based on those dates

send the letter by signed for post

Acknowledgement is either

by writing a letter to state that you are aware of the debt

or by paying an amount to the account.

The phone call does not class as acknowledgement of debt.

king100

Personally just ignore and dont call or speak to them.

nottoolate

king100 wrote: »

Acknowledgement is either

the limitations act distinguishes between acknowledgement and payment as there are important differences that effect liability on jointly owed debts

a phone call is not acknowledgement under any circumstamces. i don't think anybody claimed it was

king100

nottoolate wrote: »

the limitations act distinguishes between acknowledgement and payment as there are important differences that effect liability on jointly owed debts

a phone call is not acknowledgement under any circumstamces. i don't think anybody claimed it was

Just clarifying your post as you just posted acknowledgement

nottoolate

king100 wrote: »

Just clarifying your post

and yours.

nottoolate

tibby? are you in england or scotland?

if scotland then there is a slightly different letter to the one most frequently posted on here

tibby17

i'm in England. So yes I can send the letter as the phone call itself doesn't class as them informing me of the debt?? can i mention the phone call in the letter or should I not adapt it all??

king100

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

Numpty_Monkey

tibby17 wrote: »

i'm in England. So yes I can send the letter as the phone call itself doesn't class as them informing me of the debt?? can i mention the phone call in the letter or should I not adapt it all??

Send the letter king 100 has posted, just edit the personal details,