Kays Catalogues and Moorcroft

[julian1968]

Hello

 

This is on behalf of a friend who has asked me to help after telling her of the help Ive had here so far

 

My friend was contacted a long while ago about a debt owing to her mothers catalogue for goods my friend could never remember having

 

The debt was passed to Moorcroft and she still has a balance of £490 to pay

 

No agreement was ever signed or account number given and so I have no where to write for further info (but while I write Im thinking a letter to Moorcroft but on what basis?)

 

It seems to me that with no agreement, a letter should be sent aknowledging no debt to Kays or Moorcroft, and placing the account in dispute until evidence of the debt can be supplied. And debt written off if no evidence is presented. (Maybe refund of all payments made so far...can I do this?)

 

The mother (Kays account holder died a few years ago also)

 

Im just looking for advise really on which way to go

 

Thanks

[clemma]

You could always send the prove it letter:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

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 I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

 

PRINT do not sign. Send by recorded delivery to Moorcroft. There is also the option of a CCA request (which costs £1), to which they must supply the original credit agreement. However, as she doesn't seem to know what this is for, I would go for the prove it letter above.

[julian1968]

Took a while to get around to this with work etc, but going in mail tomorrow

 

Thanks Clemma

[count orlok]

I would have thought if the account holder has passed on the debt died with them, you can't pass on debts

[clemma]

I would have thought if the account holder has passed on the debt died with them, you can't pass on debts

 

No, they cannot pass on the debt, which is why I recommended the prove it letter. The DCA has to prove then that the person they are chasing is in fact the correct person. They won't be able to to do this as it is NOT true........

[julian1968]

The letter has gone off now

 

My friend has paid them approx £500 with another £500 or so outstanding before I knew about it and could offer some help via this forum

 

I don't suppose there would be a way to reclaim the monies already paid, perhaps by virtue of small claims is there?

 

Thanks again