Advice on sending a prove it letter?

Macka09

Update
I have now received a letter from Interum, which is a statement of the running account credit agreement. 

They state it is regulated by the consumer credit act 1974. The statement period is 01/01/24 to 31/12/24. 

It includes the account details and asks me to get in touch with Restons who are now servicing the account on Interum behalf. 

They referenced the original payment date which was 26/05/16. 

There’s no mention of my prove it letter. It just states I can settle the account by giving them notice and paying off the amount and if I wish to do so, contact Restons. 

I really am at a loss with what to do?

ManyWays

What date was the last payment showing in the Statement of Account, does this look like your debt?

sourcrates

The situation as I see it is this, they, Reston`s, say you owe this money, you asked them to provide evidence to that effect, all they have sent thus far is an ambiguous looking statement and a lot of threats of legal action.

Not really an adequate response to a request for proof of the debt now is it.

So now its time for you to ramp it up a notch, and take this a little further.

If no reasonable response to a prove-it letter is received, then send them this reminder:


Dear Reston`s,

COMPLAINT

On dd/mm/yy I asked you to provide proof that I owed the alleged debt to xxxxxxx. I attach a copy of my letter.

The FCA rules are clear that ” Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.”

I do not owe this money. You have failed to produce any evidence that I do. If you do not cease contacting me about this debt I shall be complaining to the Financial Ombudsman.


Your name

Going to the Ombudsman – which Ombudsman?

If the debt collector ignores this second letter, then I suggest you complain to the relevant Ombudsman after 8 weeks. During this time, make sure you keep a record of any more demands from the debt collector – by phone, text, email or letter.

This will be the Financial Ombudsman (FOS) if the debt appears to be a loan, credit card, catalogue or an overdraft.

Macka09

ManyWays said:

What date was the last payment showing in the Statement of Account, does this look like your debt?

Unfortunately they have not sent a statement of account. It is merely just some details of the account I’m afraid. 

Macka09

Back again guys. 

I’ve now had another letter from Restons which is a letter before claim. 

It states they are acting on behalf of Interum and if I would like a copy of the original agreement to contact them and they will request a copy from their client. 

It states that I was sent a letter back in April 2021 notifying me that Interum own the debt and is classed as the creditor. 

It gives me options to pay or to contact them. 

If they don’t hear from me by March 26 they will issue a claim against me in county court for the balance. 

The letter includes an info sheet, reply form and a financial statement. 

Please advise guys as I’m going out of my mind. 

Thanks once again. 

sourcrates

Well try to stay within your mind, and remain calm, its just a letter.

Complete the forms, they are mainly tick box anyway, make certain you tick the box for more information, copy of credit agreement etc.

Complete the financial information to show what you could potentially pay towards this debt, remember the court will see this info, and should it get that far, they will decide a monthly payment based on what you have written.

By ticking the "more info" box, they will now have to process this request, and if they or the original creditor can`t comply, it ends there, so a waiting game basically.

Macka09

What is the purpose of asking for a copy of the credit agreement, if you don’t mind me asking?
Also, should I ask for it before sending off any info?

sourcrates

Macka09 said:

What is the purpose of asking for a copy of the credit agreement, if you don’t mind me asking?

Because its the vital proof/evidence of your liability for the debt, that`s why.

Without it, or a re-constituted copy of it, no legal action can take place against you.

Are you not up to speed on these matters?

Macka09

sourcrates said:

Macka09 said:

What is the purpose of asking for a copy of the credit agreement, if you don’t mind me asking?

Because its the vital proof/evidence of your liability for the debt, that`s why.

Without it, or a re-constituted copy of it, no legal action can take place against you.

Are you not up to speed on these matters?

Thanks for the replies. 

My worry is that if they don’t get back to me before the 26/3 I’m in trouble?

I am not up to speed which is why I’m asking for advice from you guys. 

I sent a prove it letter and had no response and was told not to get in touch and acknowledge anything. How do I ask for the copy without acknowledging the debt?

Thank You 

sourcrates

You have been sent a letter before action (LBA) so they intend to take legal action against you, prior to the debt becoming statute barred at the end of March, which is unfortunate, but does happen occasionally.

So you can`t rely on that as a defence any more, once they start a claim, the limitation act can no longer apply.

You now have to use the court system to help you as much as possible, one of the tick boxes on the form they sent you asks if you require more information on the debt, credit agreement etc, so you tick that box.

They then have to comply with that before a claim or an arrangement can be made.

The 26th March is not a date set in stone, that was just there own meaningless deadline, you have a statutory 30 days in which to respond to the LBA, so fill it all in, with an offer of what you could potentially afford, and send it back as soon as you can.

With any luck they won`t be able to prove the debt, and it will end there, worst case scenario is you repay the debt at an affordable monthly rate.