debt letter after 6.5 years

saterkey

personally I wouldn't like someone chasing me for a debt I incurred, knowing that they can stick more on and chase me again, so I would pay it, but get something formal written down, ask for reduction if they stop chasing etc etc. good luck

shannianni

hi all many thanks for your help.


my wife sent the letter in the previous post a week ago and today we got a response for the debt company, they sent another letter as with the first letter saying we owed a debt and they rang her this morning, they said that she made a payment in 2010 and it was not 6 years ago, but we know for a fact that the agent left in 2009 as our little girl was not born and she is now 5 years and 9 months old, also they said in an abrupt way she has to pay or they will come and start taking goods.
they also said that the letter cannot be statue barred as its a debt she owes.
also we got married in 2009 and she told everyone her new surname but the letter we received had her maiden name on it so surely if we made a payment in 2010 they would have been told of her name change.
they said that their manager was looking at the letter.
I have told my wife its now down to them to show us that the payment was made in 2009 (which it wasn't)


also the new company collecting is not Scotcall, so has the new company bought the debt?


it this the correct way of doing this.


once again many thanks

fermi

Debt collectors lie about payment dates to try to get you to pay. It's a sad fact, but true.

They are also lying that you owing it means it cannot be statute barred.

They also cannot take good without a court order, so more porkies.

DO NOT RING THEM. KEEP TO WRITING.

Debt collectors will lie on the phone, but will not usually lie so easily in writing, as that can be used to report them to the authorities.

Maybe use some of the this --> http://forums.moneysavingexpert.com/showpost.php?p=63293669&postcount=8

Or just --> http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

shannianni

hi


my wife sent a statue barred letter as above and received a let 2 days ago, they say she made a payment in 2010 with a statement (excel sheet) as there is no headed paper just plain with dates and large amounts, showing this, what is odd is that it shows my wife making payments of £50 - £60 pounds at a time and one payment of £200 pounds, there is now way we could afford this amount in one week.
they also say that the amount has gone up as additional costs have been added but don't say what costs.


should we contact scotcall and ask for a statement from them?
as we haven't heard from them in years.


once again many thanks

nottoolate

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to <Name of debt collector> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:
1) 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".

2) The FCA say in their Consumer Credit sourcebook "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

3) The last correspondence/payment/acknowledgement or payment 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.

4) The FCA Consumer Credit sourcebook states further that "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.

I note that you claim a payment/acknowledgement was made my myself on xx/xx/20xxx.

No such payment/acknowledgement was made by myself.

In line with the protocols on pre-action conduct, I therefore demand that you supply a independently verifiable copy of any acknowledgement or payment that you may claim was made by myself within the limitation period.

Note: This must be proof of the original payment and it's origin.

This is, but is is not limited to, actual proof of:

- Type and method of payment
- Name, bank, and account or card number of the payer
- Reference number of the transaction
- Copy and number of any cheque, Postal Order or instrument.
- Place of payment - branch, online, cheque by post etc

A unverifiable list or statement of alleged payments is NOT acceptable proof, and any attempt to pass off such a document as proof will be reported to the FCA, trading standards, and other authorities as a deceptive practice.

It may also be reported to the police as attempted fraud by misrepresentation.

Furthermore, failure to comply with this reasonable request will result in your actions being brought to the attention of the court.

Any attempt to avoid providing proof will be NOT be tolerated.

Any collection activity while the proof is outstanding will be reported, as will any attempt to pass off insufficient or misleading proof.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

nottoolate

shannianni wrote: »

hi


my wife sent a statue barred letter as above and received a let 2 days ago, they say she made a payment in 2010 with a statement (excel sheet) as there is no headed paper just plain with dates and large amounts, showing this, what is odd is that it shows my wife making payments of £50 - £60 pounds at a time and one payment of £200 pounds, there is now way we could afford this amount in one week.

they know its not proof but they are hoping they can con you into thinking it is.

court judge would pish his pants laughing at evidence like that. :rotfl: :rotfl:

nottoolate

tell them you are reporting them to the FCA and police for forging and trying to pass off fake payment evidence.

Marktheshark

All debts collectors try the invented payment trick.
It just proves it is barred, always just one payment never two or three.
Tell them, nice try on yer bike and see your at county court if it saves you wasting postage on threats, just get staight on and try court, we will see you there with your fictitious invented payment proof.

nottoolate

dear debt collector,

do one

kind regards

Marktheshark

PS giving them a phone number was quite foolish, sorry but it was.