I need help with wording a letter,this time threatening the debt collector withcourt

mitzy2010

Hi, all help/opinions happily received please!!. I have been paying a debt for years that i now know is not mine! I need the letter to be strong, but im not sure this is strong enough. If anyone could help me with the wording that would be great! The letter that i refer to at the end of the letter is in my opinion "copied and pasted" BADLY!! so badly infact, they sign it from a completely different bank!

Iv previously sent them a SAR and of course they are looking for the credit agreement (they wont find it!!)

Il name and shame once i have had a response

Dear Sir/Madam

Ref:

I am writing to you today, with reference to the above account. I believe this is not my debt.

I would point out that I have no knowledge of any such debt being owed to "bank". This is also confirmed by the credit reference agency’s.

I am 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.

I would ask that no further contact be made concerning payments to the above accounts unless you can provide evidence as to our liability for the debt in question.

I am aware that I have been making regular payments to you, calculating to approximately £1800.00, this does not in any way mean I acknowledge this debt as my own. I have been paying this debt in error. I have been suffering from depression and I have been unable to deal with my financial affairs. Now I am well, and I know this debt is not mine.

I feel I have been taken advantage of by you.
You have been collecting money from me, over that last three years, knowing that this is not my debt.

I have now taken legal advice.

I am now asking you re pay ALL my money, plus interest, also compensation for the distress caused over the last three years while I was suffering from a metal health illness.

If I am not satisfied with your response within the next 14 days I will be reporting you to the OFT, and all other relevant authorities. I will also make them aware of the letter you send to me included in the SAR, which appears to be from "bank", but clearly is not.

I will also take court action, as I believe you have acquired money by deception.

I look forward to your reply.

mitzy2010

Anyone got any ideas/opinions for me please

DVardysShadow

Don't threaten anyone with court unless you will carry through.

mitzy2010

i intend to carry out my threat! just need help with the wording

RAS

mitzy2010 wrote: »

Iv previously sent them a SAR and of course they are looking for the credit agreement (they wont find it!!)


What is in the SAR? Why do you "believe" this is not your debt?

Dear Sir/Madam

Ref:

I am writing to you today, with reference to the above account. based on the information provided by yourselves recently, this is not my debt.

I would point out that I have no knowledge of any such debt being owed to "bank". This is also confirmed by the credit reference agency’s.

The Office of Fair Trading Debt Collection Guidance’ state that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

It is unfair to pursue third parties for payment when they are not liable.

I would ask that no further contact be made concerning payments to the above accounts unless you can provide evidence as to our liability for the debt in question.

I am aware that I have been making regular payments to you, calculating to approximately £1800.00, this does not in any way mean I acknowledge this debt as my own. I have been paying this debt in error. I have been suffering from depression and I have been unable to deal with my financial affairs. Now I am well, and I know this debt is not mine.

I feel I have been taken advantage of by you.
You have been collecting money from me, over that last three years, knowing that this is not my debt.

I have now taken legal advice.

I am now asking you re pay ALL my money, plus interest, also compensation for the distress caused over the last three years while I was suffering from a mental health illness. (correct sp)

If I am not satisfied with your response within the next 14 days I will be reporting you to the OFT, and all other relevant authorities. I will also make them aware of the letter you send to me included in the SAR, which appears to be from "bank", but clearly is not.

I look forward to your reply.

Edited a bit.

mitzy2010

Hi RAS, thank you for your input. The SAR is basically a list of phone calls made to myself (edited of course) a copy of a letter from the original bank to myself, with the wrong address, no account number and signed from a completely different bank! clearly copied and pasted. and a copy of some of the letter sent to me from them. They also informed me that when they have a copy of the credit agreement they will forward it on to me.

The date they say they bought the debt, differs in every peice of correspondence.

I know this is not my debt, the orignal bank was paid years ago, in full, never a late payment. Then i got ill, had a nervous break down and informed my dmc of all debts i thought were outstanding ( i know, i know, i should have known, but believe me i have paid the price literally) I have proof it was paid in full.