dont know if i'm in the right place, but?

mini_mad_dad

today i recieved i letter from a debt collection agency claiming that of them £205 pounds from a store card to GE Capitol that i had over 7 years ago which i honestly think i cleared, but since 3 house moves i cant find a reciept. can they do this? there is absolutly nothing stating a default on my recent credit report either which i thought there would be if i had defaulted what can i do??? please help?

immoral_angeluk

debts that haven't been paid or acknowledged in over 6 years are statute barred and are unenforcable. Someone will be along with a template letter for you to send to them soon.

Larumbelle

If you last made a payment or acknowledged the account 7 years ago the debt is statute barred (as it is after six years).

If you have made a payment or acknoweleged the debt since then, YES they can do this, but ast for a copy of your signed credit agreement before you pay. (Think about it. Are you going to give your hard-earned money to any old fool just becuase they say you owe them?) If they can't produce one you don't owe a dime. If they do, then fair enough, you need to pay.

I'm having trouble getting the threads I want because of the general site slowness but links to all of them are here: http://forums.moneysavingexpert.com/showthread.html?t=583717

GettingThingsDone

hi mmd - just to add to the posts above; basically debt collection agencies are buying up really old debts on the off-chance that people will pay them, even though (as it is over 6 years old) you don't have to.

just make sure you respond 'by the book' by using one of the templates and they'll [STRIKE]move onto their next victim[/STRIKE] go away

gtd

mini_mad_dad

sorry to darg this one up again but after sending the DCA a letter from this link http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act . the DCa came back with a letter saying the letter i sent was not relavent, and they fully understand the statue and i missunderstand it.... and Ge capitol has confirmed that a out standing amount is owing and if i can send reciepts to prove payment (which i cant)... and now they are offering me a half price settlement figure in a short period of time.
so do i now send the a letter asking for the original copy of the agreement now?

MKDon

This should do the job


Quote:
With thanks to RAS for this

Dear Sirs

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 contained 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 in payment of the statutory fee, PO Serial Number xxxxx.

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.

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

The fact that they are even offering you the "half price deal" indicates that they are not on solid ground. It is their job to prove that you owe money and not for you to have to prove to them otherwise.

Good luck with this

fermi

mini_mad_dad wrote: »

sorry to darg this one up again but after sending the DCA a letter from this link http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act . the DCa came back with a letter saying the letter i sent was not relavent, and they fully understand the statue and i missunderstand it....

Sounds like the letter should be very very relevant, and this is a last gasp attempt to make you pay before they are forced to give up. But you need to check...

The best thing you can do is to call up National Debtline tomorrow and have a chat with one of their advisor's. They will be able to check everything through with you and confirm whether the debt really is "statute barred". (number in my signature).

If it is SB then you need do nothing more. The DCA and GE could 'huff and puff' as much as they like.

If it's not (but it sounds like it is) then you could send MKDons/RAS's letter.

fermi

The 'this is not relevant' letter seems to be the standard response to SB debts now.

Here for one of many examples: http://forums.moneysavingexpert.com/showthread.html?t=603878

mini_mad_dad

thank you everyone for all your help, i've gone with MKDon's stern letter and a costly p/o he he. I'll keep you updated.
once again many thanks

MKDon

Credit for the letter needs to go to RAS. I prefer "firm but fair" to stern, but as you wish.

It's probably worth the extra 70p to send it recorded post, you can get confirmation of delivery with the ref# on the Royal Mail website, click here.

You will then need to wait 12 working days + 2 days + one calender month (30 days). If they fail to product the requested information (must have your signature on it) then you send the "bog off" letter, a copy can be found in this thread. I think credit for that letter goes to weller.

Good luck

carla40

hope everything goes well MMD