CCS collect ignore or ask them to prove it?

[Rdog13]

Hi,

 

Thank you for accepting me to the forum...I've been a reader but not a member but I now got to a stage where I felt I best register to gain other views...

 

 

I've lived with my boyfriend in the same town since 2004 lived in our most recent place for the past six years prior to this 2 other places.

 

 

Few weeks ago he has received a letter from CCS collect saying we need to contact you about a personal matter please contact us.

 

 

I've looked them up straight away knew they were a DCA and as we have built up a good credit rating and nothing on the file chose to ignore it. Got the same letter few weeks later decided to return to sender this time. 2 weeks after now with a stronger letter advising that he owes Cabot (another DCA over £12k!)

 

 

Needless to say we know nothing about any debt never been contacted before so this came as somewhat of a shock. Oh and the best demanding a payment within 7 days! Sating without contact they will get their local agent to contact us. (As far as I know no one turned up we both work... )

 

Done my reading again...Number of forums, websites still chose to ignore them as the debt can't possibly be his and even if it is it would relate to 2001-2002 from when he lived with his previous girlfriend so therefore from learning from my reading must be statue barred?!?

 

Since living together from 2004 we both had loans credit cars all settled and good credit score. No searches on the experian either.Now another letter.

 

Not going to type in the whole thing this written along the lines of " Despite numerous attempts bla bla failure to contact by x date (happen to be like a day) leaves us no alternative but to recommend further recovery action to our clients. This could potentially result in legal proceedings for the full amount + cost and interest.

 

Then about 4 times please contact us etc... then at the end NO further warnings will be sent (yay) So my question is do I ignore is this just an empty threat trying to catch him out or do the letter from the Debt helpline as in the one where you dispute it's you?

 

Any experience anyone? Can they do anything?

 

Back in 2009 we have had a letter from a different DCA trying to collect on behalf of Cabot over £3k we rang them back then and once confirming the Date of Birth and address they went sorry wrong person... so this has niggle in the back of my mind what if they got it wrong too?

 

From what I read about Cabot here they are not the most trustworthy either?

 

So back to my question ignore or go into the fight of who/what/when etc? Thanks in advance...

Edited July 13, 2013 by citizenB
formatting

[citizenB]

Hmm, well if your credit files are clear and you have not made any payments to any creditor since around 2004, then yes.... IF it is anything to do with you, then it is almost certainly statute barred.

 

What you must NOT do is make any contact by phone. You should keep all communication in writing.

 

You can either

 

Ignore and probably expect more letters and possibly even the chance of them finding a telephone number, or...

 

You can write a letter along the lines of. ....

 

 

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to {INSERT CREDITOR NAME}.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I 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 and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office of Fair Trading of your actions.

 

 

Yours

 

PRINT OR SIGN DIGITALLY

 

 

 

Send this first letter by Recorded Delivery, if you are put in a position where you need to respond to them again, further letters just require a Free proof of posting.

[citizenB]

If they respond providing more details and you are certain that you have made no payment or acknowledged liability for in excess of 6 years, then you should immediately send the Statute Barred letter.

[Rdog13]

Hi,

 

Thanks for your prompt response

 

My gut feeling is to wait now to see if there's any other letter gonna turn up .

.and if there's anything then send the letter u suggested below?

 

Do u think that's the wrong decision?

 

The letters are very cleverly worded underlining threats but nothing certain they all based on assumption.

 

The last sentence was no further warnings will be sent?

 

I mean what's that mean??

 

Definitely not made any payment to anyone for any previous debt and doesn't know anything for that sort of amount from 2001-2.

 

And as said credit file clean all loan /credit card applications are accepted credit rating above average.

 

Can they action court proceedings for something that's 10 year old?

[gordies]

Hi,

 

Thanks for your prompt response My gut feeling is to wait now to see if there's any other letter gonna turn up ..and if there's anything then send the letter u suggested below? Do u think that's the wrong decision? The letters are very cleverly worded underlining threats but nothing certain they all based on assumption. The last sentence was no further warnings will be sent? I mean what's that mean?? Definitely not made any payment to anyone for any previous debt and doesn't know anything for that sort of amount from 2001-2. And as said credit file clean all loan /credit card applications are accepted credit rating above average. Can they action court proceedings for something that's 10 year old?

 

If the debt does not appear on your Credit Records then it is either not yours or has dropped off after 6 years.

 

Do as Citizen B says above, CPUTR letter first and put the onus on them.

 

Don't panic, they like to dish out waffle and threats all the time.

[dx100uk]

ignore

or send crabot a CCA request

 

dx

[Bazooka Boo]

I'd certainly ignore unless you want to play with them for a while?

 

Because you contacted them, even by RTS the letter they have assumed you are the person they're after, dumb I know, but thats the level of intelligence the sordid world of debt collection requires.

 

It is a futile game of letter tennis, your letters go unread, they get their computer to spit out puerile missives with ever increasing threats and lies, until you stop communicating with them.

 

If your files are clean then they have the wrong person, just keep a diary of events and all of their letters for evidence if you wish to make a formal complaint to the police for the criminal offence of harassment.