Being chased for alleged credit card debt from 2003
Oct 6th 2010, 6:48 am
#1
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Thread Starter
Joined: Apr 2006
Location: Ballarat
Posts: 7,005
Being chased for alleged credit card debt from 2003
Hoping some one can help me out.
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
Oct 6th 2010, 6:54 am
#2
BE Forum Addict
Joined: Nov 2005
Location: Woop Woop
Posts: 4,808
Re: Being chased for alleged credit card debt from 2003
Hoping some one can help me out.
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
In my experience from years ago - have you replied to this demand for money owing? If not then don't.
If you have not had any contact with comapny over this 'debt' for 5 years - they cannot legally claim it - I was told this by a solicitor back in the UK - after a joint debt from my ex was being chased. I didn't have to pay it as they had not been in touch for 6 years and then realised they 'thought' I owed the money - I didn't btw.
Oct 6th 2010, 6:57 am
#3
Cad and bounder
Joined: Jan 2007
Posts: 1,080
Re: Being chased for alleged credit card debt from 2003
Send them this then pour yourself a nice drink.
Your full address
The Address of the Creditor/DCA
By Recorded Delivery
Date
I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
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.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt 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 us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.
The OFT Debt Collection Guidance states 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”, which again should you try and proceed to court I/we* will also use this as a defence.
We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
We look forward to your reply.
Yours faithfully
Mr A N Other
* Delete as appropriate
You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.
Who do I send it to?
You send this to the creditor that OWNS the debt, and a copy to any DCA that is chasing on their behalf, informing the DCA that the debt is in dispute.
Your full address
The Address of the Creditor/DCA
By Recorded Delivery
Date
I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
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.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt 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 us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.
The OFT Debt Collection Guidance states 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”, which again should you try and proceed to court I/we* will also use this as a defence.
We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
We look forward to your reply.
Yours faithfully
Mr A N Other
* Delete as appropriate
You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.
Who do I send it to?
You send this to the creditor that OWNS the debt, and a copy to any DCA that is chasing on their behalf, informing the DCA that the debt is in dispute.
Oct 6th 2010, 7:01 am
#4
Lost in BE Cyberspace
Thread Starter
Joined: Apr 2006
Location: Ballarat
Posts: 7,005
Re: Being chased for alleged credit card debt from 2003
Hi Mandy,
In my experience from years ago - have you replied to this demand for money owing? If not then don't.
If you have not had any contact with comapny over this 'debt' for 5 years - they cannot legally claim it - I was told this by a solicitor back in the UK - after a joint debt from my ex was being chased. I didn't have to pay it as they had not been in touch for 6 years and then realised they 'thought' I owed the money - I didn't btw.
In my experience from years ago - have you replied to this demand for money owing? If not then don't.
If you have not had any contact with comapny over this 'debt' for 5 years - they cannot legally claim it - I was told this by a solicitor back in the UK - after a joint debt from my ex was being chased. I didn't have to pay it as they had not been in touch for 6 years and then realised they 'thought' I owed the money - I didn't btw.
Mandy
Last edited by geordie mandy; Oct 6th 2010 at 7:04 am.
Oct 6th 2010, 7:03 am
#5
Lost in BE Cyberspace
Thread Starter
Joined: Apr 2006
Location: Ballarat
Posts: 7,005
Re: Being chased for alleged credit card debt from 2003
Send them this then pour yourself a nice drink.
Your full address
The Address of the Creditor/DCA
By Recorded Delivery
Date
I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
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.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt 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 us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.
The OFT Debt Collection Guidance states 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”, which again should you try and proceed to court I/we* will also use this as a defence.
We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
We look forward to your reply.
Yours faithfully
Mr A N Other
* Delete as appropriate
You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.
Who do I send it to?
You send this to the creditor that OWNS the debt, and a copy to any DCA that is chasing on their behalf, informing the DCA that the debt is in dispute.
Your full address
The Address of the Creditor/DCA
By Recorded Delivery
Date
I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc/Ref No 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing
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.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt 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 us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.
The OFT Debt Collection Guidance states 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”, which again should you try and proceed to court I/we* will also use this as a defence.
We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
We look forward to your reply.
Yours faithfully
Mr A N Other
* Delete as appropriate
You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.
Who do I send it to?
You send this to the creditor that OWNS the debt, and a copy to any DCA that is chasing on their behalf, informing the DCA that the debt is in dispute.
Mandy
Oct 6th 2010, 7:05 am
#6
Cad and bounder
Joined: Jan 2007
Posts: 1,080
Re: Being chased for alleged credit card debt from 2003
Mackenzie Hall chasing you by anychance?
Oct 6th 2010, 7:09 am
#7
Lost in BE Cyberspace
Thread Starter
Joined: Apr 2006
Location: Ballarat
Posts: 7,005
Oct 6th 2010, 7:13 am
#8
Cad and bounder
Joined: Jan 2007
Posts: 1,080
Re: Being chased for alleged credit card debt from 2003
Very much so, they specialise in statute barred debts (i.e debts that have timed out) Make sure you fill in your details and acc no. into the template and I gaurantee you won't hear another thing from them. Do not speak to them on the phone either.
Oct 6th 2010, 12:52 pm
#9
FREE TIBET
Joined: Jun 2007
Posts: 18,840
Re: Being chased for alleged credit card debt from 2003
Oct 6th 2010, 1:32 pm
#10
BE Enthusiast
Joined: Jul 2007
Posts: 405
Re: Being chased for alleged credit card debt from 2003
Perksy, dont know who you are but I just love your replies, if ever i have a problem of this type I know where to come! Just dont leave BE 
always nice to even up the playing field between debtor and DCA
Oct 6th 2010, 4:50 pm
#14
Waiting to be a grown-up
Joined: May 2010
Location: Adelaide
Posts: 4,695
Re: Being chased for alleged credit card debt from 2003
Hoping some one can help me out.
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
Out of the blue a letter arrived to the house we own in the UK and are now letting out . Captial one are claiming in 2002/3 we had a purchase on a card and never paid it. We did have a credit card from capital one but paid it off and as far as we are concerned the account was closed. At the time we lived in a different address to the one they sent the letter to.
I normally keep all old statements but shredded most of the old stuff from that period for coming to oz.
Im getting in a right flap as we know we dont owe any money on the card but have no way of proving it.
Any advice on what we should do?
Mandy
Just a thought.
Altho they certainly shouldn't be chasing you 7 years after the fact, is it possible there was a Continual Payment Authority on it? Something like an annual payment to an Insurance company, or someone like the AA? It is a common misconception, that if you pay off a balance on a credit card, the account is closed. The closure will only occur if the request is in writing. Another common misconception is that if you do close an account in writing, any transactions will be returned from it. That is not the case with things such as CPAs as the instruction for the payment has come from you and your contract is between the retailer/supplier and you, not the CC company. Therefore you must cancel any transactions with the originating company, for example AA, or Sky etc.
I used to work in Debt Recovery for a certain credit card company and so many people would forget to cancel CPAs (Sky were a very common one - why anyone would pay for Sky on a credit card is beyond me but hey...) or assume that because the CC had been closed, the CPA would be cancelled.
It may be also advisable to contact the Credit Reference Agencies (Experian and Equifax) to see if they have any details of any Credit in your name. It is possible that this could be a fraudulent account, especially as they have used a different address.
Rasen
Oct 6th 2010, 10:15 pm
#15
BE Forum Addict
Joined: Aug 2005
Posts: 3,303
Re: Being chased for alleged credit card debt from 2003
Well well, Geordie mandy, long time no speak.
Nice to see you finally arrived safe and sound.
I had similar shit happen when i came here and have never heard any more after ignoring them, bin the letters, not known at this address.
This website has a lot of good info
http://www.expatfocus.com/index.php?...iewforum&f=173
Take care, hope its of some help
Jazzys x
Nice to see you finally arrived safe and sound.
I had similar shit happen when i came here and have never heard any more after ignoring them, bin the letters, not known at this address.
This website has a lot of good info
http://www.expatfocus.com/index.php?...iewforum&f=173
Take care, hope its of some help
Jazzys x