Debt Collection Agencies-HELP

[Polotoo]

Hi all, hopefully someone can help! Apologies for the length of the posting.

My husband recieved a letter last week from an agency demanding �200, from a debt that happened in 1997. Basically he had an overdraft at the bank, for �200 and used it. In 1997 he had a letter from his bank threatening action due to non payment, he went in and paid it off in cash-there was some confusion as the account only showed him owing 2p but he paid off the sum that was requested and closed the account. The computers were down in the branch at the time. About 4 years ago we had a letter from a another collection agency which we contacted and explained what had happened and we assumed that was the end of it. And now its raised its head again, and I'm really worried.

This agency have been really threatening over the phone (want to take cars and send baliffs in), we have requested full details of the debt from them but they won't give them to us unless we either pay them or they take us to court! Which seems really silly to me as we want to know the details first to confirm the debt and haven't said we will not pay only that we want to know full details as this debt was already paid in full in dec 1997. Can they do this? Does anyone know where we stand legally in witholding payment as we only have a one page letter on company paper that could have come from anywhere - we don't know if they are genuine as lets face it anyone can produce a professsional looking letter nowadays!

We have contacted the bank and they have no record of my husband at all-they say the account has been closed and they have no details - they can't even confirm if the 'debt' was sold on!

If anyone has any ideas or can point us in the right direction we'd appreciate it. We are trying the CAB but getting through is proving difficult!

Thanks in advance.... sorry for the length of posting. Polotoo

[andyjevs]

If you get no luck here, try http://www.debtquestions.co.uk/debt_forum/index.php

[123paul]

Based on the information you have given I would write one more letter setting out the facts & that if they are not happy with that they should issue proceedings against you. Also, ask them if they have an assignment of the debt from the bank, i.e., that the debt is now theirs to puruse, rather than them pursuing you on behalf of the bank. If they are only pursuing it on behalf of the bank you really have no problem, as you say the bank has confirmed it has no record of your husband owing it any money.

They would have to issue proceedings against you on the 'small claims track' in the county court. This is a system for lay people to use without lawyers. There are strict limits on costs. From what you say it would not get that far, but any sensible district judge would throw it out.

[louadams6]

does the letter from the debt collecting agency have the banks name on it? i.e. if they have written to you and not stated the banks name on the letter then the bank have actually written it off anyway. The debt collection agency will try anything by any means to try and get it back, they say all sorts of things. but the truth is if they do send in the bailiffs they have to send you a letter first giving you 7 days notice that they are coming. They are not entitled to enter your home if youre not in unless you leave any windows open in which case they can and probably will. So my advice is if they say theyre coming shut the windows and go out for the day! But hopefully you will get it sorted and it wont come to that.

My other advice is start paying them 50p per week or something ridiculous, even if they say its not enough or something like that, just pay it anyway, then if they take it to court they wont have a leg to stand on as you have been seen to be making an effort to pay off the debt, whilst waiting to get the details of the debt. This is advice I was given by the CAB a few years ago

Let us know how it goes, Good Luck x

[Polotoo]

Hey Everyone, thanks for your help and advice. My mind has been put at rest somewhat now!

Things have moved on a little since my original posting and through the link that andyjevs supplied (thanks Andy!), I was put onto the national debtline. I have to confess I'd never heard of them but they have been fab! Explaining the situation to them it appears that the DCA cannot enforce payment at all or take us to court as the debt is what is termed as 'Statute Barred' because the last payment was more than 6 years ago.

I'm just waiting for somemore info from them, then I'll send a letter with my first defence of the debt has been paid and then move onto to the statute barred situation.

Interestingly the letter we recieved does not have the banks name on it so louadams6 info is interesting. Also info on the baliffs as I was quite worried! !

Thanks for all the info, I'll keep you updated with the situation.

Polotoo xx

[louadams6]

glad youre feeling more at ease with the situation polotoo, im sure everything will be fine. The trouble is with these debt collecttors they will try anything at all to reclaim the money in hope that you will be scared and just pay it. They shouldnt be allowed to get away with it. Hope all goes well xx