Debt litigation question

LilacPixie

the not signing thing is because there have been many report of underhand tactics employed by debt collection agencies scanning the signature from the letter you send onto a blank agreement and then filling in the details to show an outstanding amount. Uncommon yes but not unheard of so its easier to just not sign.

Sending it by recorded delivery is purley so you then have a record that you have disputed the alleged debt and have proof that the company received the dispute.

From my understanding (someone correct me if i am wrong please) if the letters are coming from a genuine solicitors office then the solicitor will pass the case back to the original creditor and the OFT collections guidance will apply to them. i.e they cannot instruct to solicitor to take any further action without proving the debt is your friends and is totally valid.

If the letter is not from a genuine solicitor then they have already broken section 2 of the OFT collection guidance in my opinion ' false representation of authority and/or legal position'

Have a look at the link below for yourself. At the moment you are aware of the full facts, well certainly more than we are, and may be able to draw your own conclusions.

OFT Collection Guidance

Have you actually tried googling the 'solicitor' and seeing what is thrown up?

Runnybabbit

Hi again, will echo everything everyone has said previously. This is my personal advice to your friend, and you don't have to take it obviously, you mentioned that your friend was in two minds whether to telephone them?, from bitter experience I would never phone any DCA/Solicitor again. Not only do they bully you but their 'good advice' (as they put it) is often extremely contradictory and unlawful!. Once they've got your phone number that's it!. I have anything up to 6 calls a day from HSBC (which I now ignore) even though we are communicating via letter. Didn't mean to sound intruding before when asking for the DCA's involved, please forgive me if this offended you. I wish you and your friend lots of luck.

MrsTinks

Only phone them if you're me And very argumantative, phoning from a free PAYG mobile and willing and able to quote some guidelines and laws at them...

LilacPixie posted the letter you need to her to send - it's got ALL the gumph in it that is needed and legally not binding in admitting the debt. But we really do mean it when we say that she shouldn't sign the letter!
We're not saying EVERYONE copy the signatures, but SOME do... don't chance it.