HFO

fermi

cjgoodsell wrote: »

So I am thinking of re-sending them another letter along the lines of the prove it letter and adopting it where I can be more threatening that I will take it further!

Sounds like a good idea.

And if that doesn't finish it, start making complaints to trading standard, OFT etc...

Have you looked at the info in this thread to see how many Office Of Fair Trading guidelines these idiots have breached?

https://forums.moneysavingexpert.com/discussion/2992820

cjgoodsell

Thanks I am off out now so will write this while I recover tomorrow.

The CCA or SAR I feel is irrelevant in my case!

fermi

cjgoodsell wrote: »

Thanks I am off out now so will write this while I recover tomorrow.

The CCA or SAR I feel is irrelevant in my case!

Pretty much.

The fundamental issue is that as far as you are concerned, this is not your debt.

If they claim that it is and want to collect it from you, then the burden of proof is on them to show that it is yours.

If it's not yours, then they can't possibly do that.

cjgoodsell

Well Im gonna draft up a letter and so far I have this:

Thank you for contacting myself and sending me copies of statements (that i did not ask for).

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted). I still do not acknowledge I owe this debt!

I am now giving you notice that I require proof that I Signed to this account when it first opened and would like this within 7 days of the date of this letter.

Should I not receive a response within this time frame I consider this matter to be closed.

Anything outside this time frame or any demands for monies you claim is owed I will pursue this matter I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I 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. AND 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.


Is there anything else I should put?

DVardysShadow

cjgoodsell wrote: »

....

Is there anything else I should put?

You seem to have forgotten to deny the alleged debt. You only imply this, so anyone reading your letter gets the impression you are just being awkward. I think you will just bring them down on yourself even more.

cjgoodsell

DVardysShadow wrote: »

You seem to have forgotten to deny the alleged debt. You only imply this, so anyone reading your letter gets the impression you are just being awkward. I think you will just bring them down on yourself even more.

I had put it in here

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted). I still do not acknowledge I owe this debt!

Should I word that paragraph strongly?

fermi

If you have never owed this debt, then make it 100% clear by adding to the end of that something like:

"I do not owe and have never owed a debt to Barclaycard"

or can you not say that for certain?

cjgoodsell

Thank you for contacting myself and sending me copies of statements (that i did not ask for).

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted). I still not acknowledge this debt to Barclaycard.

I am now giving you notice that I require proof that I Signed to this account when it first opened and would like this within 7 days of the date of this letter.

Should I not receive a response within this time frame I consider this matter to be closed.

Anything outside this time frame or any demands for monies you claim is owed I will pursue this matter I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I 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. AND 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.

I would also like to make you aware that I do not owe and have never owed a debt to Barclaycard.

A couple of minor tweaks there.

DVardysShadow

cjgoodsell wrote: »

I had put it in here

Unfortunately this does not prove to myself that I personally owe the debt only proves that some one owes this debt to Barclaycard (quite considerably less than you have quoted). I still do not acknowledge I owe this debt!

Should I word that paragraph strongly?

Absolutely you should word it strongly. When you say "I still do not acknowledge this debt", it comes across as a refusal to acknowledge rather than the denial you need to make. Effectively "you are not twisting my arm hard enough to make me admit it" - if I were a DCA, I would take it as a challenge to apply more pressure until you did admit it. What Fermi suggests is more appropriate.

And all of you stuff about demanding proof with signatures implies that you know there is a debt and you are hanging your hopes on them having lost the proof.

chanz4

I had a barclaycard in 2005, never signed an agreement.