A little advice

LisaB1970

Hi folks

ive just received a letter from a debt colleciton agency for the sum of £2600. Apparently i took out a loan 6 years ago in November for this amount. Now i called the agency because as far as i was aware i only had one loan from the Nat West bank (which is still currently being repaid). I dont recall taking this loan out and have asked for written proof i.e: a copy of the loan agreement form before i agree that its my debt. The person i spoke to refused to give me any details aboutthis debt until i confimed some personal details - which i did but i was not at all happy about it.
The bloke at the debt colleciton agency kept saying "so you are denying you owe this debt" and i kept saying no, i just wanted proof that i did before i agree to pay back two and half grand just like that. I then went on to ask why it had taken almost 6 years to contact me. he said they had had the debt for some time and had had no repsonse to any corresepondence - which is complete rubbish, as i only knew about this today and called them straight away! I was a bit annoyed that he kept asking me if i was denying the debt though as i told him if it was mine i would pay it back with no qualms.
He begrudgingly agreed to try and get proof of this loan after i told him i would not talk to him anymore if he continued to talk to me in an aggressive tone.
As i said, if i owe this money i will pay it back, but would like some advice on this as im a bit worried as to what they might do next.

Thanks in advance

Lisa

katyw

I understand why you called them, but I would keep everything in writing. There is a letter on here requesting a CCA agreement...someone should be along with it shortly.

Also, I think that if there has been 6 years since contact or any payment is made then it is statute barred, meaning it is unenforcable through the courts....again someone should be along shortly with full details (as I am a newbie myself)

Good luck, and keep us posted.

x

LisaB1970

Hi Katy. Thankyou for your reply. It will be 6 years this coming November 21st. I only called because i am sure i dont owe this and did not want them to carry out their threat of a bankruptcy order. I will pay it back if i owe it, but im just a bit peeved at the bloke's attitude really.
Ill have a look for the CCA agreement thoguh. Thanks again.

GeorgeUK

If you phone the DCA, they will then have your phone number and could harrass you. Also, it's advised not to give out any personal details.

Please don't send them anything with a signature on it. *

It may be that someone with the same name or who lived at the address had taken out a loan and the DCA do not know who it is for, or where the person is. They don't care who pays the debt as long as it gets paid.

Do not speak to them on the phone again and insist that all communication is in writing. If they send a letter stating that you owe the debt but no proof, send this letter.

Dear Sir/Madam

Account No: 123456789

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

If the debt is yours, it is quite possible that it is statute barred and unenforcable if no payments have been made towards it for 6 years. If payments had been made, you could still request a copy of the credit agreement. If they couldn't provide it - debt is unenforcable.

Try not to worry too much about it and just wait for their next move. If they don't provide any proof, send the letter above. If they threaten court action you can request a copy of the CCA. They need to prove that the debt is yours. You do not need to prove anything or provide them with anything.

* http://forums.moneysavingexpert.com/showthread.html?p=11419485#post11419485

katyw

Thanks George. I was hoping you'd be around today....I've just found one of your threads on here about CCA requests etc and was going to post it. Don't need to now. :beer: (I'll post it just in case http://forums.moneysavingexpert.com/....html?t=578486 )

LisaB1970

Thank you so much George and Katy! I shall certainly wait for their next move and take your advice. Is it possible to find out if a debt IS statute barred though? This letter says that if i own my property (which i dont!) then they will seek to secure a charging orer, then a final charging order, and possibly a bankruptcy petition (the one i was more worried about!)
I have made no payments towards this alleged debt in 6 years as this is the firt i have heard of it since i moved here 6 years ago lol so i couldnt have made any knowingly! Thanks for the advice though!
Katy - you're link isnt working?

katyw

Sorry Lisa, try this http://forums.moneysavingexpert.com/showthread.html?t=578486

As for their letter, it's all scare tactics. Send the CCA request and see what happens. (as George says though, don't sign the letter, as some DCA's can be a little naughty with copying signatures onto credit agreements. Just print your name)

LisaB1970

Thanks very much!

LisaB1970

Oooh the other thing i meant to ask though - the letter fromthe DCA was sent in my married name - which means if i did take out this loan it would have been signed in my married name. I have changed my name back to my mothers maiden name and have used that legally since i moved here for security reasons - and i did not disclose my current surname tothe DCA - should i have done though?

katyw

I'm not too sure of the answer to this one to be honest (I'm still waiting to be asked!). I'm not sure if it's relevant to the DCA if you don't want to use your current maiden name.

GeorgeUK

Don't worry Lisa. As i said, you do not ned to prove or provide anything to the DCA. They may like you to (or insist, or threaten) but you are under no legal obligation to do so.