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Letter from a debt collection agency

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  • rayday2
    rayday2 Posts: 3,960 Forumite
    I would write to them with your proposal.

    DCA are paid to bully you over the phone and should never be dealt with that way. They have no more powers than the original creditor so be confident that a letter sent today with the first payment should suffice.

    Keep a record of all payments you send and when they clear too.
  • Welcome to DFW:hello:

    Take your time over this. Aktiv are known to buy up old debt for pennies, often these debts are so old they are no longer enforcable. Sure the debt still exists, but it is too late to enforce recovery. Check when you last made a payment or ackowledged the debt in WRITING. If it is more than 6 years ago or 5 years in Scotland then it is 'Statute Barred' and you dont have to pay. You may of course CHOOSE to pay if that helps you sleep better at night.

    If you do choose to pay then only communicate in writing, never sign any letters, print your name. Enclose a cheque as your first payment, and ask them for their bank details so that you can set up a standing order. Never allow them to take payment from a credit/debit card, nor a Direct Debit.

    Alternatively you could wait a while and see what they send next, if it is a 'January Sale' offer of a lower payment in full then you will KNOW it is unenforcable, after all why offer a (say) 30% discount if the law allowed you to recover in full?
    [strike]Debt @ LBM 04/07 £14,804[/strike]01/08 [strike]£10,472[/strike]now debt free:j

    Target: Stay debt free
  • stapeley
    stapeley Posts: 2,315 Forumite
    You should not need to give them any more imformation . They are lucky you are willing to pay them anything .On that amount they would have purchased the debt for £50 at the most.
  • pixsy1983
    pixsy1983 Posts: 15 Forumite
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  • RAS
    RAS Posts: 35,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pixsy

    NO NO NO.

    Do not admit this debt yet. The letters are delibarately designed to be delivered close to/after the deadline to panic you into paying before you get the legal sitaution sorted out.

    Are you based in Scotland?
    If you've have not made a mistake, you've made nothing
  • pixsy1983
    pixsy1983 Posts: 15 Forumite
    ................................................................................!
  • RAS
    RAS Posts: 35,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pixsy

    Please think very carefully.

    if you send £20, Ak will ring your dad's home repeatedly,probably several times a day, mail you with more copies of letters claiming you did not respond to previous letters etc.

    Do you want to be hounded repeatedly for a debt you may not be liable for? What is your dad going to say to all those phonne calls?

    On the other hand, if you wait a couple of days, you may be able to send one letter, telling Ak to get lost and the law will be on your side.

    What is better?

    First off, have you got a recent credit check?
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pixsy1983 wrote: »
    - it says on one of my letters it says i have failed to make regular payments under the judgement obtained in connection with this account?

    Are you aware of a County Court Judgemnent against you?
    If you've have not made a mistake, you've made nothing
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    Personally I'd write to them requesting a copy of the consumer credit agreement you signed at the time - ADMIT NOTHING at this stage... Simply say you dispute this debt and ask that until they provide you with a copy of this you will not be communicating with them and any communication from them must be in writing. Not by phone or in person.

    There is a letter floating around for that which a kind person might dig out :) I'm on my work laptop so don't have my saved copies on here grrrr

    Personally I am all for repaying debts, but I'm torn between doing what's right and my intense dislike for DCAs ;)
    If they DO drop the matter as they can't provide the agreement you signed then I'd suggest making a small donation to charity - good karma and all that ;)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • RAS
    RAS Posts: 35,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Re the CCJ, here is the link (thnaks fermi)

    The Register of Judgments, Orders and Fines

    www.registry-trust.org.uk

    not over cheap to search though.
    If you've have not made a mistake, you've made nothing
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