Need Help - Creditor Letter

kingzzub

Dear All,

Wonder if I could have some advice please. A number of years ago, my wife and I bought a cot from Littlewoods. I know it was a number of years ago, because it was for our eldest son, and he is now in sixth form.

The cot never arrived, and we never paid for it. Ok, fine, bad customer service and we moved on and got a cot somewhere else.

A number of years ago, we had a letter from a debt collection agency (in my wife's name). I phoned up spoke to them and told them the situation and everything was resolved. All good and done.

Today, we get a letter from ANOTHER agency for the amount. It has been a good year or more since we have heard from this. This letter says unless we respond in 1 week someone will come round to the house. This has set my wife in tailspin panic mode. She is genuinely frightened by the letter.

I phone up the company and a shrill lady on the other end absolutely will not discuss the account with me or anything until my wife answers "a few security questions". Then she is happy to deal with me. The problem is my wife is so freaked out about the whole thing is that she will not go on the phone and answer a few security questions, even though I am trying to persuade her. Talking to her is not working as she is just getting panicky and telling me it is all my fault for failing to sort it last time, even though the last conversation I had with the previous company left me believing it had been resolved completely.

Can I contact the company again and insist they talk to me? What should be my next step? I am concerned someone will come round the to the house and my wife will not be in a state to talk to them.

Really don't need this hassle in my week off!

Thanks for anyone who can give advice.

Regards,
Z

fermi

So this disputed debt was from 16+ years ago?

kingzzub

Yes, it is.

[Deleted User]

Since the cot never arrived, presumably you didn't sign for it?

Without a signature, I can't see how they can prove you owe them anything.

fermi

Well, even if it was a valid debt, then it would be statute barred by now and anyone chasing it can take a run and jump.

See this link: https://forums.moneysavingexpert.com/discussion/2606811

Now while this is a bit more complicated as it involves a debt you don't think you owed in the first place, that just makes this companies demands even less valid.

The letter in post 5 of that thread may provide that bare bones of a letter to send.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

where you adjust that to suit your circumstances.

Basically making the point that you dispute the debt, as besides it would be statute barred anyway.

kingzzub

Bedsit_Bob wrote: »

Since the cot never arrived, presumably you didn't sign for it?

Without a signature, I can't see how they can prove you owe them anything.

I agree entirely. I am not paying anything, and that is final. My wife said to pay just to stop them coming round, which I guess is exactly how they make money sometimes.

I am not paying nearly £200 for something I never used.

What I am looking for is what to do next? Do I phone the company? Do I wait until the guy comes round - will someone come round or is that just an empty threat?

My main goal today is to give my wife peace of mind. I have arranged for her best friend to come over now so hopefully that will help.

Thanks,
Z

fermi

kingzzub wrote: »

Can I contact the company again and insist they talk to me? What should be my next step? I am concerned someone will come round the to the house and my wife will not be in a state to talk to them.

- Without permission from your wife they shouldn't really discuss it with you.

Which is fine really, as it's always best to do these things in writing so you have a paper trail.

- Very unlikely anyone one would call. Even if they do, they have no rights. You just tell them to burger off.

kingzzub

fermi wrote: »

- Without permission from your wife they shouldn't really discuss it with you.

Which is fine really, as it's always best to do these things in writing so you have a paper trail.

- Very unlikely anyone one would call. Even if they do, they have no rights. You just tell them to burger off.

Thanks so much for your help. Really appreciated.

Z

happycamel_2

Send the letter as suggested above, it's statute barred as apart from whether you ever owed it in the firs place.

No one will turn up, it's a small debt which they know isn't enforceable. Even if they did they have no powers at all, some people get the details turn up and ask for the money and maybe tell some lies and then they get to keep a percentage of what they collect. Just to repeat they have no powers even against legitimate enforceable debt.

kingzzub

happycamel wrote: »

Send the letter as suggested above, it's statute barred as apart from whether you ever owed it in the firs place.

No one will turn up, it's a small debt which they know isn't enforceable. Even if they did they have no powers at all, some people get the details turn up and ask for the money and maybe tell some lies and then they get to keep a percentage of what they collect. Just to repeat they have no powers even against legitimate enforceable debt.

Thanks so much!

Letter is now sent. Wife is at peace of mind, and off to buy my daughter new glasses (which is what the money should be spent on)...

I am off to have a whiskey, I think I need one!

Thanks again,
Z

harrys_dad

Yet another example of why this board is such a great place. A bottom feeding DCA who probably paid 1% for such an old disputed debt tries it on. Luckily, the unsuspecting recipient has enough sense to post here before doing anything else, gets some good advice, writes a letter and all is sorted.