Hounded by Debt companies

newy16

Hi oh my God were do i start!!!!!
This is long so i will try and keep it short!
We are having 2 differant debt companies chasing us at the moment, the first is Active Capital, we had a sofa from MFI many years ago (we have gone past the 7 seven years on both of the debts), we had it on fianance and we started paying, the sofa was faulty so in the end MFI took it back and refunded us the money that we had paid, we have over the last 6 months been hounded by a new debt company who insist that we pay over £400.00, we have contacted MFI and spoke to the head of fianance etc and explained the problem, they have no record as they can't keep everything, he said that if the debt company would like to contact him he would tell them that is is not owed etc, but MFI have never heard of the comapny that are chasing us even though they clearly state on the letters that they are working on behalf of MFI, would do we do?

The second one has just come to light and so far are sending letters every week and calling me 3 times a week, these are called Cap Quest and they are working on behalf of Liitlewoods Fiance Company and the want £652.52 from me, i asked what was this for and they can not tell me over the phone but if i would like to write into to them and PAY £1.00 they will tell me, Again this is going back to 1998 and on a address that i no longer live at!!. They have also stated in the letters that they have purschased this with together with others, again they will not tell me what also they mean without me paying for the information, i have just had a call from them today and they are now threathing baliff's and court action.
As far as i can remember i have never had a littlewoods catolgue, i have told then this and they care, also i have said that the debt is over 7 years and he states that contact has been made during this time BUT I HAVE not received anything, so i got told pay or else.
Please can someone give me advice as to what to do as i am now getting very scared.
:eek:

rayday2

What you need to do is write to both companies requesting a copy of the original Signed Credit Agreement, Capquest were right I believe you do have to pay for that. Someone else will come along with the exact letter you send etc.

The 6 year rule for England is if you have not acknowledged the debt nor paid to it (I believe) for over 6 years it is not chasable but probably best to start with requesting the credit agreement as you don't seem exactly sure where they came from.

RAS

Hi

You need to be very careful contacting either of these companies, as you could re-open your liability for old debts unless you get the wording right.

Just send a letter asking what the debt is with £1 could be enough for them to claim they were entitled to pursue the debt if you use the wrong wording.

newy16

Thanks for that guys, please can someone let me know what the correct wording is with these companies as i have such bad luck that i would open the file again!!!!!!!

RAS

Tnaks to AGB for this. Send it recorded delivery.

You might need to alter the reference to court action.


WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxx

I do not acknowledge any debt to your company.

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We 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.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.

The last 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

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

We look forward to your reply.

Yours faithfully

smudgemanc26

Hi I've found these template letters on the national debt line site they might help you with the wording of your letter. Dont know much about your situation but through looking at posts on this site its important that you dont acknowledge the debt is yours. You need to find out what it is all about first.


http://www.nationaldebtline.co.uk/england_wales/temp/9217_15551.pdf

http://www.nationaldebtline.co.uk/england_wales/temp/4224_43151.pdf

smudgemanc26

RAS wrote: »

Tnaks to AGB for this. Send it recorded delivery.

You might need to alter the reference to court action.


WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxx

I do not acknowledge any debt to your company.

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We 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.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.

The last 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

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

We look forward to your reply.

Yours faithfully

Must have read my mind! Great minds eh!

newy16

will get writing, how long should i wait till i get a reply? other wise i might think that they have all gone away
XX

rog2

newy16 wrote: »

will get writing, how long should i wait till i get a reply? other wise i might think that they have all gone away
XX

If you send the 'statute barred' letter, don't worry if they don't reply. They would be unable to pursue these 'alleged debts' through the courts, once you have told them that you will not be paying as the 'alleged debts' are statute barred. The onus is on THEM to prove that you have either made a payment to, or acknowledged in writing, these debts.

In the UNLIKELY event of either DCA actually issuing you with a Court Summons, the ONLY defence that you would need is the fact that these 'alleged debts' are statute barred.

They are more likely to respond to your letters with a reply stating that, whilst these 'debts' may not 'legally' be recovered, you have a 'moral' obligation to pay them.

DCAs are hardly known to be pillars of morality themselves, so if this happens - ignore it.

RAS

Not least because they bought hundreds of debts that had already been written off by the companies to which they were originally owed (possibly), in the hope of persuading someone to cough up, even if it is not the person who owed the money.