Do you just accept Debt Collection Agencies word?

[mikebdomain]

Link Financial are gong to be in the news and debt forums a lot, methinks. They have bought a number of 'old' debt books are now chasing them. Chances are the ONLY information they have on your alleged debt Chris is a ledger entry, which does not constitute a Consumer Credit Agreement under the 1974 Act.

Melenie is spot on (again) six years for unsecured and 12 years for secured (unless contracted otherwise).

Chris. Them searching for you is not your responsibility and is a cost of their chosen method of doing business, you have no agreement with them, so are not liable for their fees. (You did not ask/or contract them to find you.)

Copy of a standard letter to use if debt has been purchased by a debt-buyer. Enclose a £1 postal order in payment of the statutory fee and send by Recorded Delivery. They have 12 (working) days to respond. If they don't supply it within 30 days, they've committed a criminal offence. Report them to your local Trading Standards office.

I do not acknowledge the debt as referenced as xxxxx in your letter dated xx/xx/xxxx. Please find enclosed a cheque (or postal order) number xxxxxx for £1 in payment of the statutory fee; under no circumstances should this be put towards any alleged debt, if you are unable to supply the document requested then you should return this fee"

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 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.

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.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[iva.com]

Many thanks Mike. I will check the 2006 changes also.

Kind regards,
Terry Balfour
IVA.com

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[Chris.z]

Hi Mike, I will send the letter to Link Financial, thanks for your advice. What does this actually mean though with the debt being older than 6 years , what happens if they do have a credit agreement??

Chris

[mikebdomain]

If they do have a consumer credit agreement, then the debt stands as far as the 1974 Act is concerned under section 15.

However, You can argue that the creditor is out of time “statute barred” from taking you to court for debt:
if
• The creditor has not already obtained judgment against you
and
• You, or any one else owing the money ( debt in joint names) have not made a payment on the debt during the last six years
and
• You have not written to the creditor admitting you owe the debt during the last six years.

Another letter to use in this instance would be...

Liability for debts and the limitation act

Dear Sir/Madam

Account No: xxxxxx

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 under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker
Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

[Chris.z]

Thanks Mike I posted the first letter today with a pound P/O. I will keep you informed!

Many Thanks again

Chris.