Debt out of the blue

Started by JonnyAppleSeed, August 12, 2011, 05:55:59 PM

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Snokio

#15
August 12, 2011, 11:57:45 PM
Out of interest though, a company cant just turn up 6 or 7 years later down the line and say 'oh, you owe us money' ? wouldn't they have to inform you that there is outstanding money due within a reasonable timeframe ?
​ Bring on the randomness!
Apparently I actually exist! Or maybe it was the drink?

Penfold

#16
August 12, 2011, 11:59:48 PM
I would have thought so..... Smilo's got the link in his post.

JonnyAppleSeed

#17
August 13, 2011, 12:05:44 AM
Thanks for the replies guys ya awsome ... Ill let ya know how we get on
It is by caffeine alone I set my mind in motion. It is by the beans of Java that thoughts acquire speed, the hands acquire shakes, the shakes become a warning. It is by caffeine alone I set my mind in motion

BrotherTobious

#18
August 13, 2011, 12:17:07 AM
Good luck chief
"It's hard, but not as hard as Arma!!!" Tutonic
"Over the centuries, mankind has tried many ways of combating the forces of evil... prayer, fasting, good works and so on. Up until Doom, no one seemed to have thought about the double-barrel shotgun. Eat leaden death, demon.." Terry Pratchett

T-Bag

#19
August 13, 2011, 12:48:05 PM
Quote from: Penfold;330880'

I disagree. That will only bring you stress and worry, however subconscious. Also, on the vaguely remote chance that it is legitimate, you don't want a CCJ (county court judgement) or anything issued. I know your case sounds spurious at best but it's not worth the angst that a potential CCJ could cause which would decimate her credit score.


A CCJ can't be issued if it is outside the limitation period. If you've not made it had for them to track you down by moving house etc you can bet that any letter is just "Debt" bought by a "collection company"*.

Appearing on their radar as someone who even remotely considers their threats as legitimate is the last thing I would possibly want to do in that situation. Sending smilo's blanket letter is the absolute most I would do if you need piece of mind.

*Bunch of thugs who try and bully people out of money.
Juggling Hard Disks over concrete floors ends in tears 5% of the time.

smilodon

#20
August 13, 2011, 02:53:21 PM
I probably didn't make myself very clear in my first post (not unusual) as I was writing on a net book in a room full of people. You can either write to them or not, the choice is yours really.

The important thing to consider is not whether there is any money left to pay but whether the debt exists at all. For this reason if you do write then DON'T discuss the debt with them directly. Don't mention when the debt was created, why, what the problems there might have been with 3rd parties (you're wife's ex) or anything related to the actual debt. Your only communication should be limited to whether a debt exists at all. Until the debt agency can prove the debt is still active you should sound like a stuck record, 'prove the debt exists before we go any further'. And stick to this over and over. They may write back and start discussing when the money was owed and how much is outstanding and what court action they may take but you just stick to the first point 'Prove the debt exists.' And as suggested in the link I posted start every piece of correspondence with "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing."

You're under no obligation to communicate with the debt agency at all. And it shouldn't prejudice you if you don't. If the debt is statute barred i.e. six years or more old then there is no debt and the agency can write to you all they like, or until a point when they commit an offence under section 40 (1)of the Administration of Justice Act 1970. If they have proof that the debt is live then they will send it to you. Assuming this is just a fishing trip by the company then using the letter template above might make them go away faster.

[FONT='Times New Roman', serif]Again don't acknowledge the debt, discuss it or send an paperwork you might have related to it. Just discuss whether it exists. And don't sign letters as it's been known for some dodgy companies to use these to create paperwork that could harm you.[/FONT]


[FONT='Times New Roman', serif]This all comes from my consumer law books which are now at least five years out of date and from my brain which is always out of date. I believe the Limitations Act 1980 is still in force but have no legal qualifications at all and no ability to advise anyone on legal matters. Citizens Advice would be my suggestion if you want proper legal advice on this. Write a 'go away' letter, maybe using the template I posted above, but if anything more happens I would seriously go and see a professional and not rely on amateurs.[/FONT]
smilodon
Whatever's gone wrong it's not my fault.

JonnyAppleSeed

#21
August 16, 2011, 05:20:32 PM
After a few calls... The news is good

The catalog company have confirmed that the account was fully cleared and closed in 2001. They will confirm with a letter. They have received "lots" of calls regarding the same debt company sending out incorrect bills and are looking into it. The first thing the girl on the phone said "Ignore it anyway its over 6 years old".

Top sleuthing guys you we spot on   :yahoo:
It is by caffeine alone I set my mind in motion. It is by the beans of Java that thoughts acquire speed, the hands acquire shakes, the shakes become a warning. It is by caffeine alone I set my mind in motion

DarkAngel

#22
August 16, 2011, 06:22:28 PM
Quote from: JonnyAppleSeed;331058After a few calls... The news is good

The catalog company have confirmed that the account was fully cleared and closed in 2001. They will confirm with a letter. They have received "lots" of calls regarding the same debt company sending out incorrect bills and are looking into it. The first thing the girl on the phone said "Ignore it anyway its over 6 years old".

Top sleuthing guys you we spot on   :yahoo:

Good news!, bah bloody company's thats just down right scandalas!

Tutonic

#23
August 16, 2011, 06:36:02 PM
Pah, sub-human scumbags.

Glad you got it all sorted out mate.
Hero of the Battle Of Chalkeia
"Don\'t worry, none of this blood is mine"


Snokio

#24
August 16, 2011, 06:59:05 PM
Quote from: Tutonic;331070Pah, sub-human scumbags.

Glad you got it all sorted out mate.

What she said!!
​ Bring on the randomness!
Apparently I actually exist! Or maybe it was the drink?

OldBloke

#25
August 16, 2011, 07:43:01 PM
Great news JAS. Plus (using women's logic) you're now £1000 better off so time for an upgrade :D
"War without end. Well, what was history if not that? And how would having the stars change anything?" - James S. A. Corey

TheDvEight

#26
August 20, 2011, 12:54:29 AM
glad to hear it buddy treat yourself
"Mira Mira on the wall who\'s the fairest of them all?" - Dickdastardly "it\'ll sting a lot" - Lesion
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