Statute barred

GeorgeUK

I totally agree - they need to prove the debt is owed before any payment is made. Just because a debt doesn't appear on your credit file doesn't mean it won't exist though. I've heard of a mortgage not being listed on someone's file but they still need to pay it.

If they can provide some sort of proof that the debt belongs to you or you think that it may, you could send a subject access request to the bank to see exactly when the last transaction would have been and if the debt is statute barred.

First step would be to send the letter above though.

rsc

You guys are magic, I have previously asked them to supply some correspondence which i haven't received yet - but i am surprised when they told me when the last payment was made as i didn't askt tham that question - they just volunteered that information to me.
I will wait to see what info comes through and will take your collective advice.

rsc

By the way thank you for welcoming me to this forum.

rsc

Jesthar, the company is 1st credit - are they notoriously bad or something? I mean, when i spoke to the guy the other day he was basically saying that because i can't remember that it's best for them to take legal proceedings.

rsc

guys, the dca sent correspondence to my ex girlfriends house as my name is linked there due to me having orange broadband there. i initially spoke to them on wednesday and said that i do not want correspondence sent there, they said they had tried my address for years but no response - due to them having the incorrect postcode, i gave them the correct address and asked them to send all correspondence to my address as i do not live at the address they sent the letter too.
it transpires that not only have they sent the information to the ex girlfriends address - but they spoke to her about the information that was in the letter as she spoke to them today!!!
and she is very unhappy about having the information sent there and having to call them and she let them know in no uncertain terms that they must not send any correspondence there.
So they have informed a 3rd party of my personal financial data by sending correspondence to an address that I have asked them not to send information to and then also over the phone!

Jesthar

rsc wrote: »

Jesthar, the company is 1st credit - are they notoriously bad or something? I mean, when i spoke to the guy the other day he was basically saying that because i can't remember that it's best for them to take legal proceedings.

Ooooh, Worst Credit/1st Crudite/Worst Crudite (take your pick or invent your own ) - notorious would be the correct word for that bunch of lying parasites... Do a quick search for them in DFW and you'll see just how many people have been on the receiving end of their illegal tactics.

So send that 'prove it' letter ASAP.

As to them discussing your affairs with your ex, I suspect them OFT might be interested in this, a lot of these debt companies are skating on thin ice with them already.

~Jes

rsc

Jesthar

this is the email i'm drafting

To whom it may concern

I was recently contacted by the above named company on Wednesday 2nd Sept as they had sent correspondence to my ex girlfriends house as my name is linked there due to me supplying Orange Broadband there.
They had stated that they had tried to contact me at my address for years, which incidentally, had the incorrect postcode on the letter they had sent. If they had tried to contact me they would have been able to obtain the correct postal address bearing in mind i have lived at the address for the past 28years!! So they obviously have held/hold the wrong details for me and have not ensured the information is correct.
I informed them that i do not live at that address, and not to send correspondence there – I then confirmed my address giving them the correct post code and asked for information that i could look at to see what they were actually enquiring about.
Low and behold, they not only sent the correspondence to my ex girlfriends house – which stated the nature of the query, the original creditor details and amount – but when my ex girlfriend called the company, they spoke to her about the nature of the query.

I believe this is not only is this Unfair Practice as i informed them that i do not live at that address and gave them my correct address which only needed the post code correcting, but they have informed a 3rd party of details that are supposedly related to me, that have my name and details attached -

If a creditor or debt collection agency disregards requests made in respect of when and where to contact the debtor, this can also be classed as unfair. If you request a creditor not to contact you at work because this could jeopardise your job, and the creditor disregards your request, this could be classed as unfair practice.

Also

Administration of Justice Act 1970

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court

But a possible breach of the Data Protection Act as they have divulged sensitive information about me to a 3rd party by sending financial information to an address i have confirmed as not my own and then also by having communication over the phone with someone not me

rsc

Jes

what is the DFW?

Jesthar

Hi rsc,

I'll leave the letter to the people who have more experience with the legal bits, but DFW = Debt Free Wannabee(s); it stands interchangeably for both this forum as a whole and the people on here seeking to get out of debt.

~Jes

rsc

jes

i have done that and have found numerous people who have had problems with this company. it's amazing that they have tried to chase people who dont actually owe money or who would be statute barred