Oh no, please help, worrying letter!

L-M

Hello I have literally just opened the post and there is a letter there for my partner from a debt collection agency.

The thing is the debt is from 7 years ago and this is the first we've heard of it in all this time!

Do we have to respond to the letter? There is a phone number but I'm not sure what to do?

Any advice very gratefully recieved as I'm really worried now

Thank you in advance

kazwookie

You could ring them up and ask what the debt is for, if details are not included in the letter.

Equally if the debt is for your partner, they may not talk to you, as it is your partners name on the debt.

Good luck

ganonman

Talk to your partner. As it's over 6 years old and if they haven't chased for it in that time then they may only be trying to scare you into paying it as they can no longer force you. I think it's called statute of limitations or something like that.

L-M

Thank you both for replying

I will be speaking to my partner at lunch time but I'm still not sure wether to ask him to ring them or not?

I guess I'm just worried that if we do ring then we'll def have to pay it and it's for a lot of money:(

But if we don't ring will we just be burying our heads in the sand

Anyway thank you again for taking the time to reply

xx

stapeley

NEVER NEVER RING ! once they get your number they will never stop chasing you. I maybe they have wrong person , it statue barred anyway ! Sometime these DCA get hold of an old debt and try there luck .

TakeittotheLimit.

DO NOT RING THEM!!
SEnd this letter.

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

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 alleged 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other

stapeley

You could just write back but not confirming any details or your address just use the ref number . Say they have incorrect imformation and they need to refer back to their clients. Do Not Sign The Letter.

L-M

Thank you all so much

So I have talked it through with my partner and this is what we are going to do.

NOT ring them lol!
Do nothing unless we hear from them again
Then if we do hear anything from them again write to them with the template letter (thank you takeittothelimit)

So does this sound ok? I have to admit I am a lot calmer now than I was when I got the letter this morning!

xx

RAS

Hi

That is fine. The letters are intended to cause panic, and lots of people take action without getting advice.

Come back here if you need further help - it is not unknown for DCAs to send out futher letter pondering on the dreadful consequences that might happen if you did not pay a debt that you did not owe, none of which they could enforce.

loneranger

L-M wrote: »

Thank you all so much

So I have talked it through with my partner and this is what we are going to do.

NOT ring them lol!
Do nothing unless we hear from them again
Then if we do hear anything from them again write to them with the template letter (thank you takeittothelimit)

So does this sound ok? I have to admit I am a lot calmer now than I was when I got the letter this morning!

xx

Please remember DO NOT sign the letter -always print your name -they must not get hold of your signature. Good Luck.

Yolko

loneranger wrote: »

they must not get hold of your signature

Out of general interest - why not?