i hate asking on here for money advice, but need help

[misdee]

have been getting letters from debt collections for a debt that is either close to or over 6years old.

today they said they will send bailiffs round.

i dont know what to do.

i am certianm this dent was last aknowledge over 6years ago in dec 01.

but i really dont want to be scared to open my door.

should i phone and ask for payment slip so i can pay cash at the bank and know its over.

or stand my ground.

feel so worried and stressed.

i'm going to get flamed arent i?

i was so certain we cleared everything from that period with the sale of the flat, seems so stupid that i missed one thing to be paid

i am with myself as well.

If this is the first communication you've had from them at your current address they are being a bit previous, aren't they? Even if it is a legit debt (big if ) they've made no previous attempt to get it paid - no justification for threatening you with bailiffs.

It's a nasty business and they use nasty tactics - there's a post at the end (I think) of nutty's which says they buy these old debts up for a small amount, and if they only scare 10% of them into repaying they've made a nice profit

misdee I doubt very much that they will spend the time or money on starting legal proceedings unless they are absolutely certain that they will be successful. I think they are using scare tactics - get on to Trading Standards as they are not allowed to do this.

Check out www.debthelpuk.co.uk and look on the site for "debthelpuk forum". There are loads of very knowledgable people there who will give you advice.

Send a letter back to Capquest asking for proof that you owe this debt - the liklihood is that they will not be able to supply this - an offence in itself. At the very least they will have to suspend any action until they prove you owe this. If they can;t prove it then they will NOT be able to get a CCJ or any other action.

If the debt is over six years old then it is statute barred and they cannot persue you for it.

i have had two letters from other 'companies' trying to get me to confirm who i am in the last three weeks. this is the first one with the debt amount and who it is owed to. the previous letters had no details on them whatsoever.

should i send them this?

SAMPLE LETTER H
Your Name:
Your Address:
Date

To:

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

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.

I/we look forward to your reply.

Yours faithfully

(Your signature)

To get a Court Order they 'd need to show that the debt is real, you acknowledge the debt as yours and they have given you reasonable opprotunity to pay or agree payment terms. You can contest it.

so the fact their letter is dated the 21st, arrived today and they want it paid by tomorrow is not in their favour?

That looks like a good letter Misdee, I'd send it to them recorded delivery.

I agree it looks like a good letter, but actually I would send it as the second letter, not the first.

They have not yet sent you anything to prove that you ever did owe the debt.

The letter you drafted is an admission that you did owe it at one time.

so my approach would be to demand that they send you proof that you owe the debt, then if any proof comes, follow up with your letter as drafted above.

Examples of proof might be; a copy of the original agreement, a copy of a statement or account in your name showing payment in/out; a letter from you to them back in the day; or similar.