Know nothing about this "Apparent Debt"

Kels

PLease could someone give me some advice.

Back in 2000 I had a littlewoods catalogue and ordered nothing apart from a few clothes and paid it off. I got the catalogue because I wanted to start off some credit history.

Anyway in the October 2000 I seperated from my Partner and sold the house.

Now fast forward 6 years, me living 300 miles away from my previous address, happily married, receives a letter in the post from a debt collection agency claiming that they've been chasing me for an outstanding debt with Littlewoods for the sum of £698 from back in July 2000.

I know that I didn't have any outstanding balances as I paid everything off. This has come completely out of the blue.

I phoned the company and they told me that there's nothing that can be done and I have to pay it :mad:

chevalier

This debt if it was real is statute barred as it is more than 6 years since you had any contact about it. This means that they can't enforce the debt (as I understand it), and so are on a fishing expedition.
I know it is unlikely but do you have your statements from that time, showing that you paid it all off?
regards
chev

quantumleap

After 6 years without contact the debt cannot be enforced regardless of whether it is yours or not. However, don't acknowledge it. If you do correspond with these people do not under any circumstances acknowledge the debt. Ask them to provide proof that the debt belongs to you.

Kels

Thanks guys, the credit company is called Wescot Credit Services.

I've phoned them as I was aware of the 6 year period and she told me that this takes effect after the account was fomally closed, which was 2002! so the debt relates to 2000 but the account wasn't closed until 2002 !!!!!!??!

I've told them that it wasn't me and the believe me, so they say, but because it's such a long period they can't provide any information, not even what the debt is for, she told me that I have to pay it or they would take legal action. so now I'm paying £40 per month for something that's not even my fault

CLAPTON

can you clarify that...do you mean you are actually paying 40 per month or merely being asked to do so

Kels

They told me that the minimum payment I have to pay is £40 without providing proof of earnings and outgoings.

She made me pay £40 on my credit card or they would take legal action against me

black-saturn

Don't pay anything else. Seek advice from a solicitor or the citizens advice bureau. Ask them to provide proof you owe this money. How did they get your new address or your married name? They might have got you mixed up with someone else.

Kels

They told me that Littlewoods has passed the information onto many different credit agencies and have failed to find me and now this company has been successful.

She said because I had no proof that it wasn't me I have to pay it. !!!!!!? how can I prove that it wasnt me? They want theyr money and don't care where from

rog2

Click on the following link, and send the DCA a copy of the template letter as supplied by File_Wizard, in post 2.

http://forums.moneysavingexpert.com/showthread.html?t=309647

Do NOT worry about any payment promised by telephone, as the debt is not acknowledged, under law, unless you have acknowledged it in writing.

Broken_hearted

Call the bank and cancel the payment.

CLAPTON

that was a very very bad decision but whats done is done. unfortunately once you pay any money you have 'acknowledged' the debt and so the statute of limitations no longer applies.

however you can still query the issue on the basis of the CCA (consumer credit act).

write to them along the following lines



I acknowledge no debt to your company or client. I require you to provide the following documentation before I can correspond further.

You must provide me with a true copy of the alleged agreement you refer to and a statement of account. This is my right under the Consumer Credit Act 1974.
I enclose a Postal Order no.xxxxxx for £1 which is the statutory fee.

As you are aware, a credit agreementthat is not properly documented and signed by the customer is totally unenforceable under the CCA and is therefore a complete defence to any court claim.

Please note that any legal action you may take will be vigorously defended.