What next?

angelfire

Hi,

I am in the process of trying to sort out a few debts and have asked a debt collection agency for proof that i am liable for the amount they are demanding, I sent them this letter:

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would 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.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

They have replied and said that the account is still active as i have made contact in the last six years and numerous companies have also contacted me. They ahve also said that the documents I have requested (i.e. proof of the original agreement), would only be required in court - is this correct?

The debt is six years old, is not on my credit file and i haven't had a CCJ for it.

Can anyone advise further please?

RAS

Ok

You are asking the wrong question. if you have written contact within the last six years, even if the debt is more than 6 years old, then the debt stands.

What you need is the CCA and letter of assignment, which they have to produce if they want to get any money out of you. If they have been claiming but do not have these, you can ask for themoney back.

Search for weller711, she has a really good CCA letter on here.

pcwilkins

So am I right in thinking that you say you have not made contact in the last six years and they say you have?

It's a tricky one. They may be trying it on by saying they have evidence of contact in the last six years, just to panic you into paying. On the other hand they may be correct. It depends how sure you are that there has been no contact in the last six years.

What do they say this debt is for and how much do they say you owe them?

Peter

angelfire

pcwilkins wrote: »

So am I right in thinking that you say you have not made contact in the last six years and they say you have?

It's a tricky one. They may be trying it on by saying they have evidence of contact in the last six years, just to panic you into paying. On the other hand they may be correct. It depends how sure you are that there has been no contact in the last six years.

What do they say this debt is for and how much do they say you owe them?

Peter

Hi, they say I owe 9k (or thereabouts) for an old HSBC loan. This loan was for 5k and although it was in my name, my ex had agreed to pay half... (not sure where I stand with this)...

RAS

Hi

If it was a joint account, they can chase either of you for the full amount.

alwaysonthego_2

Would the conact be by phone calls or letters. If the contact was made by phone call then they cannot be used as evidence in court unless backed up by a letter i.e in ref to my recent telephone call. If contact was made by letter then this can be used as evidence.

angelfire

i'm not sure whether I made contact and if i did, whether it was by phone or letter. Is there any way of getting this information from them at all?

(thank you all for your help so far by the way..)