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Debt Collection Services - Francine Mansbridge 2010-03-11 15:03:22
 
Hello,

My Husband has recieved a letter regarding an account that expired in 2005 stating he owes £174.98, we have never recieved a request for payment from the orginal creditor, or any other company since 2005, how do we prove that we do/dont owe the monies requested?

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Re:Debt Collection Services - simon wiggins 2010-03-13 13:13:29
 
Hi Francine. Thank you for your interest in our site but you may misunderstand its purpose which is to advise those UK residents with multiple UK debts they can not afford to repay and in connection with the various debt solutions open to them. We do not advise the public on any other matters so this matter is outside of this remit.

However I can point you in the right direction. First of all you can ask for a copy of the agreement to which they debt relates. I have pasted an example one for you to use below and until they comply no further enforcement is possible if your debt was made under the provisions of this act.

Date

The Creditor/Agent

Dear Sir/Madam

Re:− Account/Reference Number ............

With reference to the above agreement, I would be grateful if you would send us a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of the credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors/agents are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under this section of the Act. I also request a full statement of account detailing this account and showing how the sum alleged to be owed has accrued to date.

I/We look forward to hearing from you.

Yours faithfully


Francine.

Remember to send it by recorded of special delivery to both the agent or current debts owner as well as the original creditor keeping a copy of everything you send of course. This is required as there is an unresolved legal issue re debt assignment and purchase with some buyers alleging that they enjoy the benefits of the contract they have purchased but not the obligations. Sending requests to both gets around this unresolved situation.

The other way forward is to obtain any information held about you under the data protection act. Under the Data Protection Act 1988 section 7(1) you have the right to have communicated to you any information constituting any personal data of which you are the data subject held by the company concerned. You would need to enclose payment of £10 in respect of the Subject Access Request to each company you wish to get information from so this may be the creditor, agent or again both.

To help you further I have sent you fact sheets on all of the above as well as information on harassment should you feel this is occurring. I hope this covers your query and that by sending these two requests will make them hopefully provide the information required to prove that the debt is either owed by you or an error has been made Good luck and let us know how you get on

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