Advice Needed

dumbledorian

Over the last year and a half, I've had various debt collectors after me over the same debt. The debt was originally rent for university accommodation, which I believed was paid at the time (I was 17, just moved from home, didn't really know what I was doing!). However recently they've got Stirling Park harassing me, as well as Fredrickson Intenational. The problem is Stirling Park, they've been at my mums front door, been round all my neighbours and have now found out where I work and are phoning me there, which could get me into a lot of trouble.

I know I can request that they only contact me by letter, but the statute of limitations is up in September and I'd rather risk waiting it out than accidently resetting the timer. Do I really have no right to fight them without restting the timer? Why have none of the previous debt collectors went to such lengths? Why don't they just take me to court?

Thanks for any help.

bottleofred

Hi dumbledorian,

Asking them to only contact you in writing does not mean you've admitted to the debt regarding it being statute barred. It simply means you want to be contacted in writing. The best thing to do at this point would be to send the prove it letter to see if they can prove you actually owe the money. As the time gets closer to the debt becoming statute barred debt collectors tend to become more persistent and some will also try to collect after the debt is statute barred. I'll put the prove it letter and contact in writing only letter below.

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

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

chanz4

If they take you to court now, they can ask the court for an attachement of earnings also the debt then wont go SB

dumbledorian

The thing is, the first I knew Stirling Park was trying to get in contact with me, was when they were at my mums front door an left a calling card, then proceeding to go round the neighbours asking where I work and if I have a partner. I've had no letters, and the only phonecalls I've from them were at work where they just said theyre looking to get in contact with me (then I said I was actually off long Term sick...). If they phone again I'll ask them to only contact me in writing, to my mums address.

fermi

chanz4 wrote: »

If they take you to court now, they can ask the court for an attachement of earnings also the debt then wont go SB

You leave out that they can only do that if...

- They get a CCJ in the first place.
- You then fail to pay the amount/instalments ordered by the court.
- If you can't pay, then you fail to take steps to get the amount/instalments redetermined.

You would have the opportunity to oppose it and have the court set normal instalments if they feel you can do that at a reasonable level.

Unless you ignore the court, then it virtually never happens.