Debt Collector help

Gold_Top

Had a debt collector phone me claiming I owe money, I sent them a £1 postal order asking for the credit agreement or I would report them to the OFT and after the letter I got back I don't know what to next?? any advice

Here is the key parts of the letter:

I would advise that we do not hold a copy of the Credit Agreement at this office as we are not the creditor. Under the circunstances your postal order for £1 has been refunded.

How ever I would advise I have put your account on hold and have asked our client to forward the document to you.

Dave Smith

Buchanan Clark + Wells

Any advice because I do not know what to do!!!!

Sagaris

I'm sure someone will soon be along who has some good advice for you. However, do you know if you owe any money to anyone, even if it's some time ago?

Gold_Top

Yep it was to Barclays nearly 5-6 years ago because I refused to pay their illegal bank charges so it put me in the red so they shut my account down.

10past6

Gold_Top wrote: »

Any advice because I do not know what to do!!!!

Sit and wait

Out of curiosity, are you aware of this debt?

10past6

Gold_Top wrote: »

Yep it was to Barclays nearly 5-6 years ago

It's VERY IMPORTANT to find out, because if it's over 6 years, it may well come under the limitations act.

Gold_Top

I wasn't aware of I until the DCA got hold of me I know its bad but when I moved in 2002 I had forgot about the debt I think it may have been 2000-2001 because I moved to another part of the country in Feb 2002

10past6

Gold_Top wrote: »

I wasn't aware of I until the DCA got hold of me I know its bad but when I moved in 2002 I had forgot about the debt I think it may have been 2000-2001 because I moved to another part of the country in Feb 2002

Do you know who the DCA is and their address?

Gold_Top

Buchanan Clark + Wells :mad:
Hate them kept harassing me on the phone until I told them I would have them done under the harassment act.

10past6

Gold_Top wrote: »

Buchanan Clark + Wells :mad:

OK, if you believe the debt is OVER 6 years old, send them this letter by RECORDED DELIVERY

Your Address

Date

Creditor / DCA Name

Address


Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxxx

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

[ONLY PRINT NEVER SIGN YOUR SIGNATURE]

1Monkeyboy1

I think this applies to my wife also.

She has just had a letter from BCW for a debt in Oct 1997. It arrived at the begining of May and now they are going to come and take the Kids Away!

Joke!

Thanks for this letter and I shall let you know how things go.