Help please, unknown debt?

rog2

Interesting quote from the Office of Fair Trading 'Debt Collection Guidelines' referring to statute barred debts:

"It is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions."

The whole document can be viewed, and downloaded, on the following link:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

There appears to be a growing number of DCAs who are going after 'old debts' safe in the knowledge that the vast majority of 'debtors' are unaware of their rights.

RAS

Alpha47 wrote: »

Hi
I also am having a problem with these people, I had a separte post but this is the letter I got yesterday I thought you might be interested:-

[FONT=Arial, sans-serif]WITHOUT PREJUDICE[/FONT]

[FONT=Arial, sans-serif]Further to previous correspondence regarding the above, you are hereby given notice that bankruptcy proceedings are due to commence for recovery of the outstanding balance, together with costs and interest.[/FONT]

[FONT=Arial, sans-serif]We are no longer prepared to correspond with you regarding this matter as we will be advising our client (Crapquest) no later than 20/0/07 to issue a petition for your bankruptcy, with a view to seizure of assets/ property , at the discretion of the court appointed trustee.[/FONT]

[FONT=Arial, sans-serif]We also note that the above debt of xxxx is a principle sum, which will increase considerably should the interest which has been frozen for the last 35 months be applied.[/FONT]

[FONT=Arial, sans-serif]However, as a final opportunity to avoid legal proceedings, we are prepared to accept a lump sum payment of £695.36 (about half) which must be received at our offices no later than 20/07/07. This sum is accepted as full and final settlement against your liability and will also ensure that you are not pursued for the remainder of our clients claim, at any point in the future.[/FONT]


[FONT=Arial, sans-serif]As an added incentive, once this sum has been received and cleared, our client will instruct the credit reference agencies to mark your debt as satisfied. (this debt is not on my credit report) [/FONT]

[FONT=Arial, sans-serif]They then go on to tell me how to pay them.[/FONT]

[FONT=Arial, sans-serif]I am really getting annoyed now, I phoned the OFT last week and they have phoned trading standards. I am getting my paperwork ready for them today. I have sent the usual two letters recorded asking for copies of debt.[/FONT]

[FONT=Arial, sans-serif]No reply to them.[/FONT]

[FONT=Arial, sans-serif]If anybody has any advice I would be grateful.[/FONT]

[FONT=Arial, sans-serif]Alpha.[/FONT]

Well

They cannot make you BK for less than £750!

And there is no way that they can make you BK for a debt that they have yet to prove

even belongs to you
is not statute barred

Alpha

When did you send your letters?
Were they both recorded delivery, if so what date wer they signed for?

First letter demanding CCa?

second letter

Alpha47

Hi Ras

This all happened recently again out of the blue. First letter sent to them on 21st June recorded and signed for by Beverley Brown on 22nd June. Second letter only 6th July recorded and has been delivered on 9th July but I do not have name of person this time.

They are sending these letters out within a few days of each other, and they do not reply to your request using the template letters from this site, asking for details of the debt etc.
I phoned the Office of Fair Trade and they phoned Trading standards, I am taking the paperwork to them.

The original claim was for £1041 the last letter offered to accept the £695.36 in settlement.
This debt is not on my credit report from Credit Expert and I cannot remember it. Fairly sure it would be statute barred.

tigzem

Well I have sent the letter recorded. Also made a complaint to the finanical ombudsman and consumer direct. This was the reply from consumer direct


A trader can only pursue a debt if the debt does actually with the person that they are pursuing. We would advise that you send the trader a recorded delivery letter demanding proof of this alleged debt within a fixed period of time (i.e. 14 days) otherwise you may treat any further demands for payment as harassment.
If you have a complaint against a debt collector then you may be able to make a complaint through the Office of Fair Trading who license debt collectors. Please note that they cannot provide any legal advice.

So I'll wait to see what happens next!

PM7

Thing is, like Alpha, they 'offered' for me to pay round about half the debt. Now, why would they do that when only a week previously they were threatening to bankrupt me for the whole lot? You simply would not, having not entered into any negotiations, suddenly half your demands would you and up until I recieved that letter I was overly worried but that just made me almost laugh because it smacks of desperation and tells me they are just hoping I'll pay them something, which I won't and once I have the credit reference just to make sure, will start to take the actions other people have on here.

And surely, the regulatory bodies must do something if so many people complain to them about one company? It just seems utterly ridiculous that they can do this.

rog2

Could not agree more PM - These companies are 'chancers' and rely on the fact that most debtors will be totally unaware of their rights and that even if only 50% of those they contact, actually pay, they will earn a fortune.

webitha

i have also received a letter from crapquest re littlewoods mail order finance and i know i dont own this debt as i have NEVER bought anything mail order catalogue or otherwise so why have they sent this to me?
they are not threatening doorstep collectors yet just that that "if satisfactory payment programme is not established we will hesitate to utilise the legal system to its full extent"
well they dont scare me (now lol) bring it on i say
i will be sending the first letter today recorded delivery.

thank the lord for this site and all you wonderful people who will help me along the way as i would have just paid this, i wonder how many people who get this stndard letter and not knowing their rights acutally pay?

rog2

webitha wrote: »

thank the lord for this site and all you wonderful people who will help me along the way as i would have just paid this, i wonder how many people who get this stndard letter and not knowing their rights acutally pay?

EXACTLY webitha - that's how these vultures earn their money.

webitha

i meant to put that they will NOT hesitiate lol

right the letter has gone so as the car advert says

COME ON

RAS

pipk62 wrote: »

Hi again.

The original letter was sent on the 1st June so if I have to wait for the 30 days, does that take it to 28th of July (12 working days + 30 calendar days)?



Looked at other posts which do suggest waiting until the period is over.
Thanks

Pip

it is 12+2+30 so they have until July 30, then send the Crown's letter immediately.

RAS