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Scouse
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PostPosted: 13:18 - 21 Feb 2008    Post subject: Debt Question Reply with quote

I've recieved a letter this morning from a debt collection agency ('Lowell') informing me that they have bought off my owing debt and wish to recover it. Now I can't remember ever having the debt and the only possibility of any dates back to the late 1990's (according to the credit company/bank I'm supposed to owe). The said bank/credit agency suggests that they cannot discuss any details and that I should contact the debt people and let them contact the bank and sit and twiddle my thumbs.

Now apart from the mystery of wether I owe this debt or not. If I do, isn't there a cut off/deadline period for when they should of tried to recover it? I've never had any form of contact/knowledge in the past 8/9 years until today.
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pa_broon74
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PostPosted: 13:26 - 21 Feb 2008    Post subject: Reply with quote

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 Rolling Eyes .) 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...

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Scouse
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PostPosted: 13:29 - 21 Feb 2008    Post subject: Reply with quote

Sorry forgot to add that it doesn't show up on my credit report. There hasn't been ANY form of contact over this until today, hence me not knowing I even owed.

It's been longer than six years too.
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D O G
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PostPosted: 13:31 - 21 Feb 2008    Post subject: Reply with quote

I wouldn't have thought there woudl be a cut off, if you never paid it back, declared yourself bankrupt or entered into an IVA then the debt will still be yours. It may be that the bank wrote it off themselves, taking the opinion that it would never be recovered and stopped hassling you, but the debt still existed.

If this company has just bought tranches of written off debt from the bank then they will have paid a small proportion of it, and their 'profit' is the amount over what they paid which they recover from you.

If you believe the debt is very old, then I would personally ignore this first letter. Should they keep hassling you, do not repsond to them before consulting citizens' advice. If they know you exist, and that they have your correct address, they will persue you harder than if they recieve no response.
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pa_broon74
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PostPosted: 13:44 - 21 Feb 2008    Post subject: Reply with quote

I'd agree with the damofo...

But 6 years is the legal limit in civil law, if they don't actively pursue a case with those 6 years it becomes null and void, they just can't chase you for it.

If its not on your credit history, the bank probably never reported you to Experian any other credit reference agency.

so:

Quote:
If this company has just bought tranches of written off debt from the bank then they will have paid a small proportion of it, and their 'profit' is the amount over what they paid which they recover from you.


Seems to be the case. The bank never reported you but still had the debt on file and this company bought it and is seeking to recover it in line with the rest of what damofo said.

Again not sure how to proceed with this, the debt is clearly more than 6 years old so they can't pursue you for it. I reckon they'll just keep sending letters, if it ever did get to court you could state the 6 year thing then... Not sure tbh...

You absolutely don't want the baillifs coming round (if you're in England...) They seem quite hard to dissuade...

Mmm... Hope it sorts itself out...

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WildGoose
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PostPosted: 13:49 - 21 Feb 2008    Post subject: Reply with quote

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.
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Davo
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PostPosted: 13:51 - 21 Feb 2008    Post subject: Reply with quote

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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PostPosted: 14:02 - 21 Feb 2008    Post subject: Reply with quote

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.

Hope this helps


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I'll send them that letter and see what comes of it.

Funny you should mention sending a letter to everyone in the area. Made me think, I've only been in this area for 4 months after spending two years 150 miles away. Plus I aren't on the Electoral roll here and was before so it's wierd how anyone would find me here and not where I was before if I was owing.
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Itchy
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PostPosted: 14:10 - 21 Feb 2008    Post subject: Reply with quote

Scouse wrote:

Funny you should mention sending a letter to everyone in the area. Made me think, I've only been in this area for 4 months after spending two years 150 miles away. Plus I aren't on the Electoral roll here and was before so it's wierd how anyone would find me here and not where I was before if I was owing.


you should try stay off the electoral register too, councils sell the edited version of this to private companies for £2.50 for 1000 names. No questions asked , yes its illegal, but as said they cannot send summons to the occupier. The only other side effects are , credit is slightly harder to get and you can't vote which since votes are worthless anyway makes no difference. (note Itchy lives in a place called dole city , its always been labour it always will be labour).
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yambabe
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PostPosted: 15:21 - 21 Feb 2008    Post subject: Reply with quote

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.
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Scouse
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PostPosted: 15:31 - 21 Feb 2008    Post subject: Reply with quote

babyyam wrote:
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.


Hhhm I didn't know that. I did get credit before I was eighteen but, the time I can remember didn't get to the high amount that they are suggesting and was settled.

I'm just going to send the letter that Davo pointed out and see what happens. From a few google searches I've found that this company does this a lot and doesn't seem to follow up the initial letter of disagreement too often. Even when they do they don't provide any sufficient evidence of the debt being related to any said person. Usually they only provide an application for credit form that someone might of filled in yonks ago, which is silly to say the least.
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thegubner
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PostPosted: 19:14 - 21 Feb 2008    Post subject: Reply with quote

Me and the missus had a debt collectors letter a while ago for a debt we were certain was bollocks.

Contacted the debt collectors who were no help, contacted the company the debt was supposed be from and they knew nothing about it.

My missus was talking to the debt collectors which was going nowhere, so I got on the phone and said bollocks we owe you fuck all, now do one you prick (lost it a bit) never heard from them again.

A friend of mine had the same thing happen, he did pretty much the same thing and never heard back from them, seems there may be yet another scam doing the rounds.
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garyd
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PostPosted: 20:16 - 21 Feb 2008    Post subject: Reply with quote

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 Wink
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Scouse
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PostPosted: 21:03 - 21 Feb 2008    Post subject: Reply with quote

garyd wrote:
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 Wink


That doesn't make much sense. I'd be sending them a letter disagreeing with a debt which is linked to me and my current address that they have written to me at. If I was to send it from some other address in order to hide then I wouldn't be able to tell them the exact debt that I was disagreeing with, which would be pointless. Even if I sent it from elsewhere they would still know that I have some link with this house as I soon managed to recieve the letter somehow.
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pa_broon74
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Joined: 28 Mar 2006
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PostPosted: 13:02 - 22 Feb 2008    Post subject: Reply with quote

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.
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garyd
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PostPosted: 16:51 - 22 Feb 2008    Post subject: Reply with quote

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 Thumbs Up
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