hmm strange debt letter has arrived!

Karma67

Hi all,

I'm a bit peeved off to say the least...after getting debt free last year...I've had a 'Formal Demand' letter in my maiden name form a company called buchananclark + wells for a 'debt' of £1,085.73 on behalf of 'Pursuers': Thames Credit LTD for 'Creditor' :Evans Option GE Captial Band Ltd.

I did have an Evans card years ago but never a high limit...£500 at most and have not seen/used the card for years.....I've known hubby for 7 years and havent used the card etc since before I knew him!!!

So......how do I go about finding out about this debt? I dont think it's mine ..but i was a complete money fool years ago so it might be with interest etc...i dont know:o

Last thing I want to do is give them the legal right to claim for the money if (which i'm sure it is) statued barred ..6 yrs limit etc

Last year i had some trouble with sky saying hubby owed money...sent letter with £1 postal order and stated he did not acknowledge this debt etc...and they used the £1 as part payment and said he had acknowledged it!! :mad::mad: So you can imagine i've very wary on how to proceed!!

Help please!!!!

NekoZombie

If it really was that long ago, then I think this debt might be statute barred now. If I were you, I would not acknowledge the debt.

climbgirl

I'd adapt these letters to suit, make sure you put the bit about not acknowledging any debt. They have to provide you full details of the debt under the laws quoted - that will tell you all about dates etc, so you can work out if it is statute barred.


Dear Sir / Madam,

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 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 postal order / cheque in payment of the statutory fee.

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 s.189 of the CCA 1974.

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.

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

Yours,


Dear Sir/Madam

With reference to the letter you sent to me dated **/**/**

I do not acknowledge ANY debt to your company or your clients.
You allege in your letter that since the account was not defaulted until September 2002 that it is not statute barred.

This may or may not be the case, but as you are well aware i did send you a letter Dated **/**/** requesting a true copy of the alleged original agreement with signature and also a statement of the account, along with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

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

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.

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.

You have failed to send me any documentation relating to the alleged account so far and are in danger of breaking the law.

You must send me the requested documents by the 2nd of January 2007 or I will consider the matter of the alleged debt closed, any and all correspondence after this date that does not relate to the required documents will be considered harrasment and you will be reported to the relavent statutory authorities.

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

Karma67

[quote=NekoZombie;5622478If_I_were_you,_I_would_not_acknowledge_the_debt.[/quote]

As in totally ignore the letter??

Karma67

oops thanks climbgirl i cross posted

i will most definately write in large if not HUGE letters that I do not acknowledge the debt lol just to make sure they do not miss it like Sky did! ;0