advice needed, old debt and getting letters!

fermi

Some of it perhaps. That's why I added the caveat.

lurchy

thanks greatly fermi , i have trimmed it down looks something like this now


I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************


Thank you for your letter dated xx/xx/2008, the contents of which are noted.

I wrote to <Name of debt collector> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:
1) We have no knowledge of any such debt being owed to <creditor>.

2) 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.

3) 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.

By not ceasing collection activity and investigating a dispute, you are in breach of OFT guidelines mentioned in point (3).


As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

You claim that acknowledgement was made in 200X.

I dispute this utterly, and demand that you provide proof of any acknowledgement by myself that you would seek to rely on in court.

Please note that any acknowledgement not personally made by myself does not restart the limitation period.

To cause a fresh accrual of a right of action any acknowledgement must be in writing and be signed by the debtor.

It must also be in the words of the OFT:

"an unequivocal written admission clearly acknowledging that the obligation still subsists"

If you persist in claiming a fictitious acknowledgement was made, or that a recent letter disputing the debt qualifies as acknowledgement, then any such attempted deception on your part will be referred to the regulatory bodies of both you and your solicitors. The matter may also be referred to the police if the attempted deception warrants their attention.

In line with pre-action protocols on pre-action conduct and seeking a resolution prior to legal action, I require disclosure of a copy of the proof of acknowledgement that you will be relying on in court.

Failure to take reasonable steps to resolve the dispute at this stage by providing this proof will be brought to the attention of the court.


Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:
"trading style" of the <Name of debt collector> group
constituent member of the <Name of debt collector> group
a third party acting on your behalf
a third party that claims to have been legally assigned this debt
will result in an immediate complaint to the aforementioned regulatory bodies.


Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

In line with the protocols on pre-action conduct, I therefore request a independently verifiable copy of any

- Proof of my liability for the alleged debt.
- Proof of acknowledgement or payment that you may claim was made within the limitation period.

Failure to comply with this reasonable request will result in your actions being brought to the attention of the court, the OFT and Trading Standards.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

fermi

Only you know the ins and out of your own situation, so I suppose only you can judge the finer points of what applies to that.

All I would say is put it together in the way that makes sense to you for your circumstances.

If you;re uncertain, then you could give National Debtline a call to talk it through with a debt advisor. Freephone: 0808 808 4000