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Some advice please on debt collectors...

Hi There,

My husband has alot of debt due to a difficult time he went through a few years ago. Most of the debts on his credit record are almost more than 6 years old.

We always get calls from people asking for money, and he pays some of them to make them leave us alone for a while. But recently he has started asking them for proof that he owes them money and how much.

Last week one rang up collecting for Littlewoods, he argued with them for a while asking to be sent the original contract that proves he owes them money. They eventually conceded that Littlewoods have no records of the original contract, and agreed to stop calling a writing.

He has started asking some other companies the same question when they call, but is wondering if it is actually worth writing to them all requesting proof?

If they all concede that they have no copy of the original agreement, can they still take him to court?

Thanks for your help.

Comments

  • Bump...

    Does anyone know?
  • davek1
    davek1 Posts: 590 Forumite
    no not at all. If they don't have the required paperwork or cant prove the debt exists trhen they cant enforce it. no doubt others will post the suggested letter etc.

    If you write to them all they have a net 30 days to respond If i get a chance later and no one has already i will post the suggested letters.
  • stapeley
    stapeley Posts: 2,315 Forumite
    hi read through the CCa request POSTS good tips on there .
  • Thanks guys!

    Relatively new to this site, and all this jargon! Been searching for CCA's, but can't find what your referring to... is there an article on here somewhere i can read?

    Thank you so much!
  • RAS
    RAS Posts: 36,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    If these debts are more than 6 years old, they may well be statute barred anyway. This is a lot more sure than the CCa route, if it is appropriate.

    The rule is:

    Not CCJed or mortgage/secured debt
    Not paid for over 6 years
    have not acknowledged in writing in the last 6 years (him writing to them unless he put "I do not acknowledge any debt...).

    The debt still exists BUT they cannot list it on his credit record or enforce in the courts.

    if however he has been "paying to get rid of them", then you could try the CCA route. If they do not come back in the timescale, you must send the bog off letter promptly, or they can revive the debt at a later date
    If you've have not made a mistake, you've made nothing
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