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| Scouse |
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 Scouse World Chat Champion

Joined: 12 Feb 2004 Karma :  
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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 13:26 - 21 Feb 2008 Post subject: |
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Yup.
6 years is the limit but only from when the organisation you owed the money to last contacted you. For example, I have debt from 12 years ago, but they've sent letters on average 4 or 5 times a years since so its still an active debt.
Go to Experian's website and request a credit report on yourself. I got a free one not so long ago, (grim reading for sure .) Do a web search, you might be able to get a free too. You can atleast check if the debt is on your file, if it is and you beleive it isn't yours (identity theft or sumsuch,) not entirely sure on what to do after that...
 ____________________ Didn't catch anything. |
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| Scouse |
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 Scouse World Chat Champion

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| D O G |
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 D O G World Chat Champion

Joined: 18 Dec 2006 Karma :     
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| pa_broon74 |
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 pa_broon74 World Chat Champion

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| WildGoose |
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 WildGoose White Van Man

Joined: 21 Mar 2002 Karma :  
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 Posted: 13:49 - 21 Feb 2008 Post subject: |
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This kind of stuff really irks me, I've had a few dealings with this kind of thing over the past few years.
I really struggle with the legitimacy of the whole thing. For example, if you can't remember or have no evidence ...what's to stop a random company pitching up, banging on your door claiming you owe them money?
Whats to stop another crowd doing the same thing, with the same debt, but claiming its something different, where does it end?
If you are a subscriber of anything for an easy life these days, like many are, then you could bend over several times and cough up several times unfairly when you needed only do it once, or not at all.
It doesnt seem to be regulated very well at all, and the original people involved seem to think its ok to wash their hands of it, flog it to a debt collection agency with no interest in compassion, so when you ring the originals they will just fob you off, leaving you do deal with the brainless muppets attempting to smash down your door and rip out your house.
The whole credit culture of the last few years, and the ever increasing size of the "fuck it, i'll just declare bankrupt" brigade. Just makes the whole thing more intolerable for those that are stuck in the middle, wanting to do the right thing without being taken the piss out of. Nobody seems to give a monkeys about the value of anything anymore, or hold any responsibility. ____________________ So in other words, he stopped you for being flagrantly in posession of a motorcycle in direct contravention of the Hippies, Darkies and People Whose Face I Don't Like The Look of (Police Powers) Act. 1976 |
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| Davo |
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 Davo Davo To The Rescue!

Joined: 05 Apr 2004 Karma :   
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 Posted: 13:51 - 21 Feb 2008 Post subject: |
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Chances are the debt collection agency is fishing. It's quite a common tactic to send a letter to everyone with the same name in the area in the hope that they get the debtor (or anyone that will pay it) to cough up.
If your certain the debt isn't yours you could send them a letter along these lines.
| Stolen from MoneySavingExpert.com wrote: |
To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (original creditor) and (Blood Suckers)
4.Fair Processing Notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully |
At least you'll know for sure whether you owe the debt. Also make sure any contact is done in writing!
Hope this helps |
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| Scouse |
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 Scouse World Chat Champion

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| Itchy |
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 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
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| yambabe |
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 yambabe World Chat Champion

Joined: 12 Jul 2004 Karma :    
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 Posted: 15:21 - 21 Feb 2008 Post subject: |
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Hmm, one thing that you said has jumped off the page at me Scouse.
You are, IIRC, 23 now? So if you incurred a debt "in the late 1990s" as they have suggested to you there is no way at that time that you would have been over 18 and their debt is therefore not recoverable anyway as they cannot enter into a any kind of credit agreement with a minor. Or rather they can but the risk is entirely theirs as it would not be legally recoverable under any circumstances. ____________________ Sod falling in love, I wanna fall in chocolate.  |
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 Scouse World Chat Champion

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| thegubner |
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 thegubner World Chat Champion
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| garyd |
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 garyd Brolly Dolly

Joined: 09 Apr 2006 Karma :  
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 Posted: 20:16 - 21 Feb 2008 Post subject: |
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Davo has the answer but ......i would play safe and get it sent from a mates address ,they cant touch his stuff and you still hide without an address  ____________________ CRF230 all you need |
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 Scouse World Chat Champion

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 13:02 - 22 Feb 2008 Post subject: |
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| Davo wrote: | Chances are the debt collection agency is fishing. It's quite a common tactic to send a letter to everyone with the same name in the area in the hope that they get the debtor (or anyone that will pay it) to cough up.
If your certain the debt isn't yours you could send them a letter along these lines.
| Stolen from MoneySavingExpert.com wrote: |
To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (original creditor) and (Blood Suckers)
4.Fair Processing Notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully |
At least you'll know for sure whether you owe the debt. Also make sure any contact is done in writing!
Hope this helps |
Would this count for Scottish law or is it different up here? Wouldn't mind sorting some of my own debt related shizzle...
Ta. ____________________ Didn't catch anything. |
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| garyd |
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 garyd Brolly Dolly

Joined: 09 Apr 2006 Karma :  
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 Posted: 16:51 - 22 Feb 2008 Post subject: |
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Scouse,the way i saw it was if you write from YOUR address,it wont be long before the door banging starts,as they know where you are,but i take your point as to how you got the letter ,i was presuming it could have been passed on to you by ex wife /mum etc still at that address,if you are /have been living at someone elses and you DO owe then they could not take that persons items to sell to recover debt,as said elsewhere they are chancing their arm ,ignore it you are nowhere to be found,but if its for £1000s then expect them to do a proper job till they do catch up ,good luck whatever  ____________________ CRF230 all you need |
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Old Thread Alert!
The last post was made 18 years, 40 days ago. Instead of replying here, would creating a new thread be more useful? |
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