Confused: Being chased for written off debt.

chanz4

They said they wouldnt persue, but dont say that they are writting it off or that they wont sell it on. Someone else is persuing you for it

chanz4

goes to show companys will take small debts to court, been fair to the company they did nothing wrong.

taffy056

I wouldn't pay them anything at all, they have agreed in writing not to pursue you, inform the bank that you are holding them to their word. Inform the new DCA in writing and recorded that they are to hand the file back to HSBC as you are in dispute with them. They must hand it back then otherwise they are breaking the law.

Caneluna

Thank you all for your time and your replies. I will be taking taffy's advice on this. One thing taffy..Is there something legal I can state/quote in the letter to the new DCA that tells/obliges them to hand the file back to HSBC?

Poosmate

Taffy, as Chanz said HSBC aren't pursuing Caneluna for the debt, someone else is.

From Caneluna above post 6:

"I do have the letter from Metropolitan (Hsbc) dated 28th June 2007 that states (their words)...


...we confirm that we are no longer pursuing you in connection with this debt."

Does the letter also state "and we will not sell it on to a third party to pursue."?

I'm guessing not. In order to put the account into dispute, Caneluna needs to write to HSBC to instigate this which it doesn't look like they have done yet.

Poo

taffy056

Poosmate with respects, if a DCA receives a letter saying the debt is in dispute, they must by law hand the file back to the original lender, any further action would be harassment.

OP this something you can adapt to your needs, send it to the DCA recorded, but don't use your signature just type your name,

[FONT=&quot]Address of the loan company[/FONT]
[FONT=&quot]Or [/FONT]
[FONT=&quot]Debt Collection Agency[/FONT]
[FONT=&quot]Date (insert today’s date)[/FONT]

[FONT=&quot]By recorded delivery[/FONT]

[FONT=&quot]Dear Sir/Madam[/FONT]

[FONT=&quot]Reference or Account[/FONT][FONT=&quot] No: (Insert their reference or account number; this will be on the letter they have sent you)[/FONT]

[FONT=&quot]I / We refer to your contact regarding the above account which you claim I / we owe. I / We am / are informing you that I/we do not recognise the debt and therefore it is DISPUTED.[/FONT]

[FONT=&quot]Under the Office of Fair Trading Debt Collection Guidance (updated October 2011) it states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.[/FONT]

[FONT=&quot]I / We would also remind you that the OFT states under their Guidance that it is ‘unfair’ to pursue third parties for payment when they are not liable and that it is deceptive and unfair in not ceasing collection activity whilst investigating a reasonably queried or disputed debt.[/FONT]

[FONT=&quot]Furthermore, if you ignore and/or disregard claims that debts have been settled or are ‘disputed’ and continue to make unjustified demands for payment then this can amount to physical or psychological harassment, as detailed in the OFT Guidance. [/FONT]

[FONT=&quot]I / We am / are also familiar with Section 40 of the Administration of Justice Act.[/FONT]

[FONT=&quot]As I / we dispute this debt you refer to then I / we trust you will make no further contact unless you can satisfy me / us that this debt exists and that I / we am / are liable.[/FONT]

[FONT=&quot]If you subsequently cannot prove I /we owe this debt and if you continue to act in this irresponsible and unprofessional way then I / we will have no other alternative than to report you to Trading Standards and the Office of Fair Trading. I / we will also lodge a complaint with the Financial Ombudsman Service and your trade association, if appropriate, the Credit Services Association.[/FONT]

[FONT=&quot]If I / we receive any communication from a / another debt collection agency then it will be evident that you have sold this debt on with the knowledge that it is disputed. Should this occur then I / we will report you to the government bodies and trade association detailed above. [/FONT]

[FONT=&quot]I / We now await written confirmation that this matter is now closed, you are not to contact me / us by telephone, instead by letter only. [/FONT]

[FONT=&quot]I / We look forward to your reply by return.[/FONT]

[FONT=&quot]Yours faithfully,[/FONT]

Caneluna

Thank you Taffy for your suggestion:

The letter you have outlined in your post, just to be absolutely certain, is the letter I send to MKKR. I am correct?

This after contacting Hsbc to dispute their selling on of the debt I presume.

Apologies if I may seem slow in understanding. I just want to make sure I proceed in the correct manner.

Caneluna

First of all thank you all for your advice and your time.

I have today contacted the banking ombudsman and outlined my case. They are writing to HSBC for me and will also be sending me a letter to forward on to MKRR which , they say, may help to keep MKKR at bay whilst I wait for a response from HSBC. If of any interest I will keep this thread updated with any info on this matter as it proceeds.

fermi

taffy056 wrote: »

Poosmate with respects, if a DCA receives a letter saying the debt is in dispute, they must by law hand the file back to the original lender, any further action would be harassment.

Not quite.

They would have a duty to investigate any dispute and cease collection activity while they do so.

That may involve getting in touch with the original lender for info etc, but if the DCA have legally bought the debt then they don't have to completely pass the debt back to the original creditor.

Occasional they will, if the sale agreement allows them to. Mostly not though.

See the info here ---> UPDATED OFT Guidance on Debt Collection - READ IF YOU ARE BEING HASSLED

chanz4

I agree with femi, once sold they dont have to give it back but have to investigate a dispute