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Letter from debt collector
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MR_M_P
Posts: 23 Forumite

Had a letter from a debt collector, saying I owe EE £367, I rang them saying it must be a mistake as I've never dealt with EE
They said it's from 2006
They went on to say they have another account from a bank for me, I had a dispute with the bank, came to an arrangement and settled, they now appear to want to pursue me for the amount taken off the balance in order to reach an agreement
Can they do this?
Can they even pursue it from 2006?
Thanks
They said it's from 2006
They went on to say they have another account from a bank for me, I had a dispute with the bank, came to an arrangement and settled, they now appear to want to pursue me for the amount taken off the balance in order to reach an agreement
Can they do this?
Can they even pursue it from 2006?
Thanks
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Comments
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They can ask, and you can say that you deny owing any money to them or any organisation that they represent.
Also, on the basis of their own evidence this would be statute barred etc etc.
The DFW board has a hybrid letter in this thread, which you can adapt
https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act
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The debt is probably too old to enforce, but you mention a settlement payment - when was this? If in the last 6 years then that can reset the enforcement timer. If it was a full and final settlement you should provide copies of that to the collectors, otherwise I'd send them a "prove it" letter first rather than going straight for the statute barred defense. Once you've gotten the full details they hold, then you can send them a second letter saying it is unenforceable because it is statute barred, etc. Better to have all the info just in case they try something funny, since the statute barred letter will count as acknowledging the debt, and if you've made any payments/otherwise acknowledged the debt in the last 6 years then the statute barred letter would reset the enforcement timer again.0
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It`s never recommended to speak to debt collectors on the phone, best practice is to do everything in writing only.
The debt from 2006 will be statute barred, and as you deny the debt is yours, I would go with the link to the hybrid letter in fatbelly`s post above.
As for the other balance they are chasing, whenever you settle a debt for less than the outstanding balance, its imperative to obtain a written assurance from the creditor that what you are paying them, settles your account with them, and that any outstanding balance will not be chased, by them or their agents.
Did you obtain such an assurance in writing from them ?
Also on what date did this happen, more than 6 years ago or less ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The one with the bank was settled at the very least over 12 years ago0
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EE would have been TMobile or Orange back in 2006. Have you ever defaulted on a mobile contract?0
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MR_M_P said:The one with the bank was settled at the very least over 12 years ago
Should this go to court, which is unlikely, its 50/50 who would win, Lowell will usually back down if you put up staunch resistance, just tell the truth, without evidence either way its your word against theirs.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
BT_Broederbund said:EE would have been TMobile or Orange back in 2006. Have you ever defaulted on a mobile contract?0
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