red debt collection - hsbc debt

cmd_2

Hi all, I have been reading through the forums and wonder if someone could advise or clarify the following for me.
I have received a letter from red debt collections regarding a debt of £900 with hsbc. Now I did have a hsbc account many years ago (about 11 years ago) and around that time I had some debt problems, however I do not remember owing them anything and if I did it was not that much, all other debts were paid off eventually. I have also not known anything about this during the last 11 years.
I have seen people advise that I should send letters and not phone which I will do, how can I get them to prove this is owed, as If I owe them anything then it would no way be that much?
Also are they able to put anything on my credit file? As I now work in financial services and need a clean record (which these days I have).

Any help will be appreciated.

postingalwaysposting

if you did have debt with hsbc and it was 11 years ago it wouldnt show on your credit report anyways. As long as you are sure the debt is over 6 years old and you have had no contact from other debt agenceys/hsbc about this debt the debt is not statute barred which means they cant chase you for anything. Have you got Red's address? If so send this letter back, adjusting accordingly and all should be sorted.

Dear Sir/Madam

Acc/Ref Noxxxxxxxx

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

hope that helps

cmd_2

that does indeed help, thanks. I have seen another letter which I could send asking them to send proof that it is in fact belonging to me, should I send that letter first or just the one you have suggested?

Thanks again

fermi

If you send either letter it's apparently best to put as the first line:

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

It's up to you which letter you send, and I suppose that depends on the likelihood it is yours and that old, or whether you feel it is not your debt?

Either way it should make them aware that you aren't going to take their word for it and pay up.

AGB863

cmd wrote: »

that does indeed help, thanks. I have seen another letter which I could send asking them to send proof that it is in fact belonging to me, should I send that letter first or just the one you have suggested?

Thanks again

Just send the one suggested as this then puts the claim in dispute and then Red Letter have to provide the proof that the debt is not statute barred, ie that you have acknowledged the debt by making a payment to the debt within the last six years.

If they are unable to do this - they can ask you to make the payment and that you are "morally" oblidged to make the payment, but they can not take any legal action to enforce payment.

I would also put the heading on the letter that Ferni suggested.

cmd_2

thanks chaps I'll let you now how it goes.