Help please, unknown debt?

Crown

As far asI have seen this normally does the trick and although you probally wont get a refund they will probally just write it off.

If they still insist then you would need to seek legal advice and then take THEM to court.

Dont let them bully you!

All best and let us know how you get on

pipk62

I phoned the company, basically he kept asking "When can I arrange a date for my agent to call upon you" and that "he needed a Crime reference number before he could continue" I said that I'm not prepared to send anything until they send the paperwork I asked for, he said "I had had plenty of time to think about that"!
When I started to say that I am awaiting a reply from my previous letter, he put me on hold, then came back with the same line.
Luckily I had written down what I was going to say, so it went something like this:-

I am awaiting a reply from my previous letter and will only discuss this further [STRIKE] I'm putting you on hold Mr. **** ..... Hello Mr.**** ... [/STRIKE] to continue, I will only discuss this further in written correspondence [STRIKE] I'm putting you on hold again Mr. **** ..... Hello Mr.**** ... [/STRIKE] I must also remind you that you only have 17 days [STRIKE] your on hold Mr. **** ..... Mr.**** ... [/STRIKE] left to reply under section 77 and section 78 [STRIKE] I need to have someone call on you Mr.***..... I'm putting you on hold Mr. **** ..... Hello Mr.**** ... [/STRIKE] of the consumer credit act 1974, I look forward to [STRIKE] Just wait Mr. **** ..... Mr.**** when shall I tell them to call?... [/STRIKE] receiving the relevant paperwork, goodbye! [STRIKE] Mr. **** ..... [/STRIKE](click)

I must admit that I was shaking after that, but I was pleased that I managed to get the message across, albeit in bursts, very difficult people to deal with.

So, I now wait; as you have said before, I guess.

I really appreciate what you are doing, Thankyou.

tigzem

Hi there,

I'll be looking for further updates on this as I've too rec'd a letter from a DCA referring to a debt I know nothing of! I've just sent the 2nd letter yesterday but I haven't spoken to them. I have no record of this debt on my credit file so am suspicious!

Good luck with it, I hope they stop contacting you after this letter.

Tigz

pipk62

UPDATE 2 The Sequel.

I have just received another letter from this company:

Dear Mr. *****
LITIGATION AND ENFORCEMENT CENTRE
We have been instructed by the above named company to recover this debt.
To avoid additional costs and interest being applied to your account, it is necessary for you to contact this centre to arrange a time for an agent to call upon you.
If you have not established contact with this department within the next seven days, our legal agent may call at the above address, with a view to either, serving papers, or, to arrange repayment, between the hours of:
7:00am - 9:00pm Mondays to Friday 7:00am - 5:30pm Saturday
Appointments must be booked on the above telephone number.
All payments must be sent to the above address and made payable to RUTHBRIDGE LIMITED with our reference number ******, clearly stated at all times. You can also make payments by using our CREDIT/DEBIT CARD facilities on the above telephone number.
Yours Sincerely
Mr ********
LEGAL DEPARTMENT

To me this letter looks similar to the first letter, and the signee is always the same name..... but I have a couple of concerns.
1. The fact that they are saying they may send an agent to my address, when I have denied them that in a previous letter, If an agent should call, what should I do?
2. I may have made a mistake, when I sent off the £1.00 I sent a stamp, but now realise that I should have sent a postal order, they haven't asked for the £1.00 that I said was enclosed, but they also haven't acknowledged receiving it neither, should I send a letter, this time with a postal order?

moonlightpjs

Its just scare tactics - they can't do a thing without a true executed CCA so don't worry. Many DCA's have a "legal" department but that doesn't mean it is "legal" ITMS. They can't do anything at all, if and I mean if, they took it to court, then a judge would just ask where the CCA was, they don't have it, so could get fined £2500 and the judge will through it out. They will try many ways to make you pay - just ignore them

If I were you I'd send the non-compliance letter again (as Crown posted above) with a £1 cheque/postal order, send it by recorded delivery just to be on the safe side, they should know you are serious then but this particular company are b*ggers - just scare tactics as I said.

Good luck

angelavdavis

This is just complete nonsense!

They cannot hold you accountable for a debt that they haven't been able to prove is yours. Let them take you to court (they won't because they know they haven't proved the debt and you have copies of the letters asking them to do so).

Although its about removing a default from a credit file, the central issue is the same - they aren't providing you with proof of the debt.

As weller says, send the standard letter enclosing the £1 postal order requesting the CCA. I found this link earlier today that you might find useful as it provides a standard letter format. I suggest you read through:

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

pipk62

Thanks Guys.

I will resend the letter, but have updated it:

Second letter

Your Reference: ********

Mr ***********

Ruthbridge Limited

Twickenham


Dear Mr *******:
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

I enclose a £1.00 crossed postal order in payment of the statutory fee,
I am re- sending this payment as you have not acknowledged the previous payment of £1.00 that was sent.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to 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"

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, therefore if I do not receive evidence that I owe your company any monies by 28th June 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector may call; the owner and/or tenant of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner and/or tenant of ********************* will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the tenant and/or property owner to sue both yourselves or any agents working on your behalf.

Furthermore I am also notifying yourself or anybody working on your behalf that all correspondence forthwith will be conducted by letter only.


.
Sincerely,
Me

Does that seem Ok?

moonlightpjs

Thats fine :T

RAS

Pip

I can't believe this is still going on! Well done for keeping cool and sticking to your rights.

No-ome, no-ome should ever be asked to pay a debt without being told to what it relates. What sort of yo-yos are they?

Keep us posted

rog2

If the 'debt', to which the Debt Collecting Agency refers, dates back to 2001, it is probably covered by the Limitations Act which states that if no written contact, or payments, have been made in a period of 6 years, the debt becomes 'statute barred' and can not be collected through the courts.