Need advice on debt collector

Tracky_SJ

Hey there and thanks for any advice in advance, its all very appreciated.

Back in Jan i got a letter from a debt company called LRC who were chasing a debt of £856.02. I was unaware that i had any debts. So i tried to phone them with no luck. I then emailed them with my number and asked them to phone myself. They did not and just sent another letter requesting payment, so i registered my disgust via email. They then sent me a text requesting payment.

So on the 12th Feb i sent a letter (I found online) requesting the following information and stating that they had 12 days to respond;

1. A true copy of the alleged agreement
2. A full statement of account
3. A signed true copy of the deed of assignment
4. Any other documents referred to

I enclosed a postal order for £1 to cover the cost as advised and informed them this money was not to be used against any alleged debt.

So on the 13th March i got a reply from them with the following.
1. Credit card agreement
2. Terms and conditions
3. Signed reply card

Anyway it turns out its a debt from 2002, from a credit card.

So questions i have are;
1. Does the Signed Reply Card count for anything? Surely this is not proof of debt?
2. They took my £1 payment and placed it against my debt, even though i told them not to are they braking a law here?
3. What should my next step be?

If any more info is required then i shall provide what i can.
Cheers again
Steve

fermi

Is it yours? If so may well be statute barred.

See ---> https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx

thewhiteavenger

It would have been better to send a prove-it rather than a cca request.


Hopefully there was a six year period when you did not acknowledge the debt, and this is statute barred.

MisterBaxter

Sounds like they are trying to pull a fast one. By applying the £1 to the debt account they look to be trying to claim you have acknowledged the debt by making a payment against it thus starting the 6 year clock ticking again.

Hopefully you kept a copy of the letter you sent and made it clear that the £1 was for the supply if information in accordance with the requirements of the CCA, as this is set out in law I would imagine they would have a tough time arguing it with you.

If this is the first you have heard in over 6 years then go down the statute barred route rather than anything else. Not sure you even need to worry about the 'prove it' route after such a period.

May be worth a further letter including a copy of your first letter making it totally clear that the £1 was the payment required by CCA and not in any way an acknowledgement of the debt or a payment towards the debt and then remind them that it is statute barred.

Given the age of the debt I'm not sure if this predates cases that the FOS would take up.

Tracky_SJ

Thank you all for the advice.

I assumed that was what they were trying to do with the £1, and if i had known a prove it letter was a better option i would have sent that.

I did keep all letters sent and received.

I will go down the statute barred route and see what they come back with. However i was never very good with paperwork and do not know the last time i had contact with them.

Well lets see what happens. Thanks