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10 year old debt - Can anyone advise please?

Hello all,

My chum has recently posted this elsewhere and I immediately thought of you guys:
I've recently received a letter from a Solicitors about a Store card I had 10 years ago! The thing is, the debt is relating to a Camera I bought Mr K for Xmas which he didn't wantrolleyes.gif so it was retuned straight away. I phoned this firm and explained and they've said it's down to me to prove the Camera was returned otherwise I have to pay this £450 they are chasing me for!!!

There is no way I have anything relating to this now, I have rung the store and they have no record of any transaction regarding me buying or returning the camera! Anyone got any advice on what I should do? I refuse to pay for something I've never had!
Now at first glance I would say 10 years ago - they are trying it on, but by phoning them has she ackowledged the debt?

I have advised her to hold fast until I got some better advice from you guys - I assume a letter dis-owning the debt?

The company in question is Buchanan,clark and wells in case anyone has heard of them before?

Can anyone help please - She has been quite unnerved by this

Thanks
Pumpkin xx
Tiff Appreciation Society Member #5

Comments

  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    It's statute barred :) The call don't count for anything :)
    Personally tho I'd send the "I deny all knowledge fo this debt!" letter as it's actually up to the creditor to prove the debt exists.... not for the debtor to prove they DON'T owe it :)
    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
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    And have we heard of them? Oooohhhhhh yes! :rotfl: Just do a forum search on here for them ;)
    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
  • excel1
    excel1 Posts: 95 Forumite
    send them this



    Dear Sir/Madam

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

    I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

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

    I/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.

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

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

    I/we look forward to your reply.

    Yours faithfully
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