Letter from debt collectors - storecard from 1998

okra

Hello all,

I've had a letter today from a debt collection agency asking to collect a debt from a storecard from 1998, which went into default in 2000 (they say).

I did have a storecard with this particular company, but was sure I had paid it off shortly before the birth of my first child in 1999. I can only think that the debt outstanding comes from interest added after the last payment or something of that nature. I last used the card in 1998, and paid the last bill in mid-1999. The most I ever owed on the card was less than 2 figures

The company cannot give me a breakdown of the charges - they say I owe £140 (which they will reduce by almost half if I pay it off today)- nor can the storecard company, because they have passed it to debt collection. If I owe it, I'll pay it, but I'm a bit bemused as to what I owe and why? Does anyone have any suggestions?

mrsspendalot

I don't think they can legally enforce the debt as it is older than 6 years ... someone will be along soon with a standard letter you can send to them saying you do not acknowledge the debt etc. etc.

OberonSH

No, older than 6 years with no action to recover makes it 'statute barred'. Write to the company, and ask them for a copy of the signed credit agreement. You'll find you'll never hear from them again. This sort of thing seems to be happening more and more regularly. Do you think the credit companies are panicking now we're all so clued up?

BAILIFFCHASER

This is the letter you want to send them !!!!!


Client ref
Your reference :
Client reference :

Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


adjust according to your own needs !!!!

okra

I guess that if they are saying that the account went into default in 2000, it would be past the six years mark. How do I know that no action has been taken to recover, though? They could well have taken action but not been able to find me? I moved about three months after paying the last bill, and then again fifteen months later, and then again a year after that and then two years later.

AGB863

The debt is unenforceable in law if you have not made any payment or had no any other contact with the creditors, ie acknowledged the debt, for 6 years it is statute barred. The DCA can ask you to pay it but that is all.

This is the letter you need to send,

WITHOUT PREJUDICE
Dear Sir/Madam

Acc/Ref No xxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from us in the
relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

smashedbooboo

Statute barred. send them the letters you have been given on here. Do not ring them. You must do everything by letter from now on. That way you have everything in writing. Which debt collection agency is it. In your letters to them you must put i do not acknowledge this to your company. The dca buy these old debts for as little as 6p in the pound.

smashedbooboo

Also get a copy of your credit file. If nothing is showing on them then dont worry about it. Dont let them bully you. They cant send the bailiffs in. If they ring you then just say you are not prepared to discuss the matter on the phone and you only wish the matter to be dealt with in writing.

BAILIFFCHASER

BAILIFFCHASER wrote: »

This is the letter you want to send them !!!!!


Client ref
Your reference :
Client reference :

Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


adjust according to your own needs !!!!

this is what you need to send!!!!!!!!!!!!!!!!:money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: :money: