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wtf debt recovery letter baffles me!

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    [Deleted User][Deleted User] Posts: 10,304
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    Brilliant, thanks Stargazer :)
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    [Deleted User][Deleted User] Posts: 440
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    Don't let them get your phone number. Write the letter as above but at all costs don't let them get a phone number because once they have that, you will never get a moment's peace again.
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    JethroUKJethroUK Posts: 6,107
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    ..UK law now (don't know when this incident was you were quoting) is that you are only responsible for your own debts. Not the debts of someone who has lived there before, your deceased granny etc.

    You obviously missed the whole point of my post

    1/ Possession is 9/10ths the law = you take someones car outsie of the law and it up to them to use 'the law' to get it back

    2/ Bailiffs will recover whaever they <<<< think >>>>>>> they're owed and it upto you to prove otherwise - or to prove the incident even took place

    .
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    [Deleted User][Deleted User] Posts: 12,881
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    JethroUK wrote: »
    You obviously missed the whole point of my post

    1/ Possession is 9/10ths the law = you take someones car outsie of the law and it up to them to use 'the law' to get it back

    2/ Bailiffs will recover whaever they <<<< think >>>>>>> they're owed and it upto you to prove otherwise - or to prove the incident even took place

    .

    I think the OP is best following advice from the organisations who specialise in this rather than your wild speculation based on one unfortunate incident on commercial premises.
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    tellytart1tellytart1 Posts: 3,684
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    As stated before, if you write to them, even to tell them you do not owe the money, NEVER EVER sign your name, as they have been known to scan the signatures and then attach them to credit agreements to make it appear you really did sign up for the credit they're chasing.

    ALWAYS PRINT YOUR NAME, NEVER USE YOUR SIGNATURE.
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    GlowstickGlowstick Posts: 269
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    Thanks all.

    well I did read a lot of horror stories about them elsewhere. They really sound like scum and God knows how they can still even be in business. Shocking. One person wrote about how the guy from this debt collectors got really angry and threatening over the phone. Then started fishing for info about if they drove a car and what kind was it etc. Obviously planning to take their car.

    I really dont want to engage with them at all. Firstly because it would confirm that I am the said name at said address. Surely establishing that part is a big part of their job? So I dont want to make that easy for them. Secondly, I just want nothing to do with them and feel angry that I should even have to bother with such scum when I know I owe absolutely NOTHING to anybody. Never have done. Never even received any kind of debt letter before(besides living bills, of course).

    Surely they have to prove I owe them the money? I dont see how they can possibly do that seen as I have no clue about the debt whatsoever! Surely they need to produce an original agreement with my signature on it? Doesnt exist.

    My name btw is not common. My official surname is foreign and not common at all in UK.

    I did pick up on the tips about not speaking to them on the phone and not giving them my signature at all. I dont really want to spend any money on stamps or phonecalls on them. I just feel like theyre not worth a penny or moment of my time. But would emailing the letter(posted on this thread) be acceptable? It wouldnt have my signature and is also on record. I wouldnt use my main email address as I dont want them polluting it. Probably set up a dummy one just for them. So I can then ignore it if need be.
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    Dan SetteDan Sette Posts: 5,816
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    Firstly OP it sounds like a fishing expedition and the advice given earlier is the best. ask them for a copy of the invoice that is outstanding.
    eng123 wrote: »
    They would first have to take the OP to court and have a court order. The Onus is on the debt company to prove the deft is owed. For such a small amount the company would not like it to go to court because it would cost them more than the debt itself.

    Sadly this is wrong. It only costs £60 to ask to get a CCJ. Which is recoverable if the debtor pays and you can charge interest. Should they not pay once an court order has been issued (or file a defence) a warrant of execution can be issued (£100 - recoverable against the debt) which sends in the court appointed bailiffs.

    I'm currently doing it to someone who owed me £680. They have buried their head in the sand and ignored the solicitors letter and the court order. I've just paid the court £100 to get the bailiffs in. Current value of debt with interest and my (relatively small costs) £1055.
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    GlowstickGlowstick Posts: 269
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    Another thing I read was that this company(and other debt collectors) often buy up very old debts from companies.

    A lot of these stories involved debts from several years back. Apparently there is some 6 year legal rule that prevents companies from pursuing debts after that time. So they sell the debt on. Then try to scare the person into coughing up. Even though they often do not have a legal right to pursue that debt after 6 years. I only got a vague idea of this so pardon my ignorance.

    But in those cases they are advised to just send a letter pointing out the 6 year legality(there's a legal term but I cant remember it!).

    However, in my case the debt just doesnt exist ever as far as Im concerned. And they havent provided any details about when it was supposed to be from.
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    mills705mills705 Posts: 556
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    Shop direct finance- are littlewoods!
    So ask them!
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    tellytart1tellytart1 Posts: 3,684
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    Glowstick wrote: »
    Another thing I read was that this company(and other debt collectors) often buy up very old debts from companies.

    A lot of these stories involved debts from several years back. Apparently there is some 6 year legal rule that prevents companies from pursuing debts after that time. So they sell the debt on. Then try to scare the person into coughing up. Even though they often do not have a legal right to pursue that debt after 6 years. I only got a vague idea of this so pardon my ignorance.

    But in those cases they are advised to just send a letter pointing out the 6 year legality(there's a legal term but I cant remember it!).

    However, in my case the debt just doesnt exist ever as far as Im concerned. And they havent provided any details about when it was supposed to be from.

    You are correct - if you really do owe the money, and you've not acknowledged the debt in over 6 years (including making any payments towards it), it becomes what is known as Statute Barred meaning it can no longer be pursued.
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    [Deleted User][Deleted User] Posts: 4,218
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    I should have been clearer Dan Sette.

    What I should have explained is that the onus is on the company to prove that the OP is responsible for the debt whereas in this case the OP is not responsible for the debt. Therefore the company would not only fail to recover the debt, they would also be responsible for the costs and therefore actually lose money.

    Not sure I explained that very well.
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    myssmyss Posts: 16,527
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    Glowstick wrote: »
    then it goes on to say that payments be paid to Mackenzie Hall etc with contact details. Saying if I wish to discuss I can phone or email.

    Im really thrown by this and just dont know what to do. As Ive never heard of anything about it before. Does this sound fishy to anybody? A scam maybe? Or maybe somebody ordered something in my name.

    Anybody suggest what I should do? It certainly is not a debt of mine! But they have my name and address.
    Yes, email them! Tell them more or less what you've said above - that the debt does not belong to you. If you leave it and it's not a scam (it doesn't sound it to me as Shop Direct is a legit company), it might just escalate into something silly and could have been avoided had a simple email been sent to them to halt its process.

    My dad sounds like you - always pay everything up front, etc and he got a worse threatening letter from a debt collecting firm for an outstanding finance bill. I sent a recorded letter to them not only telling them they had the wrong person but the threats in the letter was full of shit anyway, and we didn't hear from them again.
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    [Deleted User][Deleted User] Posts: 525
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    Glowstick wrote: »
    But in those cases they are advised to just send a letter pointing out the 6 year legality(there's a legal term but I cant remember it!).
    'Statute barred' - or sometimes an old debt might be referred to as 'Out of Statute'
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    [Deleted User][Deleted User] Posts: 811
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    tell them they must not contact you again, if they do, report them for harassment!
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    GlowstickGlowstick Posts: 269
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    myss wrote: »
    Yes, email them! Tell them more or less what you've said above - that the debt does not belong to you. If you leave it and it's not a scam (it doesn't sound it to me as Shop Direct is a legit company), it might just escalate into something silly and could have been avoided had a simple email been sent to them to halt its process.

    Well shop direct is not the name of where the original debt was apparently incurred. Its a well known place. I had the name removed from the original post so my case isnt too specific. Never know whose searching the net for info.

    But Ive never even shopped with them at all that I can recall and most certainly not had anything on credit. It's 100% BS.

    I think Ill ignore them for now and see if I receive another letter. Then I may email them. Im just worried I may get carried away with my insults. They certainly need to know that they do not have any proof of me owing this debt. If they have any agreement its certainly not mine and can't possibly have my signature.

    Again, I really dont even want to confirm to them that Ive received the letter and live here. On the brown envelope it says above the window; TO BE OPENED BY THE ADDRESSEE ONLY. THIS IS NOT A CIRCULAR.

    I wish Id just not opened it and wrote return to sender on it now

    ps; yes statute barred was the term I was trying to remember. Ill throw that in if I ever email them.
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    [Deleted User][Deleted User] Posts: 325
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    Do not e-mail them you will have no proof they have recieved it, and they can easily say they have not recieved it.

    Send a letter by recorded delivery.
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    GlowstickGlowstick Posts: 269
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    Mike H45 wrote: »
    Do not e-mail them you will have no proof they have recieved it, and they can easily say they have not recieved it.

    Send a letter by recorded delivery.

    But what if I just sent a simple email pointing out that there's no way this can be my debt?

    Its not like it is actually my debt and they can prove it. I mean, if I thought the debt was mine from way back I can see a need to be all formal with a letter by rec delivery. But really they just need telling that I have zero intention of paying any bogus debt and they cannot possibly have any proof the debt is mine. Once they know that they may go harass somebody else instead.

    But at this point Im inclined to just ignore it.
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    [Deleted User][Deleted User] Posts: 8,415
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    Mike H45 wrote: »
    Do not e-mail them you will have no proof they have recieved it, and they can easily say they have not recieved it.

    Send a letter by recorded delivery.

    just make sure you do not sign it , it has been known for these lovely companies to add your signature to documents ..............

    edit , missed the comment about signatures further up the thread :o
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    rockerchickrockerchick Posts: 9,255
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    I've seen this type of thing on a scam programme before.
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    That BlokeThat Bloke Posts: 6,352
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    JethroUK wrote: »
    You've obviously not heard that 'possession' is 9/10 ths the law

    Debt recovery services (bailiffs) will take anything they feel like, cars, etc

    If they 'beleive' you owe them, they can turn up and do whatever they like and the onus will be upon you to prove anything happened at all!!!

    My Dad rented a shop - filled it with stock - turned up about 2 weeks into business to find himself locked out - he had to pay the debt from the previous tennant to get back his own stock
    You're getting Debt Recovery Agents and Bailiffs mixed up. They are not the same thing and debt recovery firms have no rights to take ANYTHING. Bailiffs only get involved after a court case has found in their favour.
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    spotyspoty Posts: 11,195
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    Just ingore it and see them in court. :pWell what else are they going to do if they are so sure you are in debt?.

    You don't have to prove your innocence , their job to find out your guilt, so let them waste their money j.:)

    ps, If anyone gets a fishing letter put it in the bin, I have had people asking, at the door, where old neighbours have gone, and I never do have a clue.
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    [Deleted User][Deleted User] Posts: 121
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    I had the same thing for a Barclay Card. - 6 months of threatning letters. Never had an account with them ever.. I wrote a very polite letter in the end, telling them that I did not owe this debt and asked them to show me the balance in writing of what owed.
    I also said, if they couldn't do this I would be reporting them to the OFT. PRINTED my name (good advice as someone said previously)
    Never heard a thing after.

    I googled the company and found the director's name (he is out there playing golf and entertaining big business clients at a very swish golf club) after 'buying' people's names from banks - and taking a long shot.
    Banks sell these details for £1 a time.
    DISGUSTING
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    Bedsit BobBedsit Bob Posts: 24,344
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    JethroUK wrote: »
    They could turn up tomorrow and take his TV and sofa

    No they couldn't, because they have no right of entry.

    Nothing can be seized, even by a bailiff (which these people aren't), until/unless a CCJ has been made, by a court.
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    Bedsit BobBedsit Bob Posts: 24,344
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    JethroUK wrote: »
    Debt recovery services (bailiffs) will take anything they feel like, cars, etc

    Debt recovery services are not bailiffs.

    Even bailiffs cannot seize property, without a CCJ.
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    [Deleted User][Deleted User] Posts: 3,631
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    mills705 wrote: »
    Shop direct finance- are littlewoods!
    So ask them!
    Actually, Shop Direct has 10 brands in their group, including Littlewoods, Woolworths, Very and most of the catalogues: Kays, Marshall Ward, Empire Stores etc. It could be any one of them.

    My sister was wrongly chased for a Shop Direct debt last year, but they used a different debt collection company (Lowell). A quick google, and it seems MKDP has only been in business for 15 months and they seem to specialise in buying debt.

    OP - is there a contact email address with the letter? All I had to do was send an email on my sister's behalf (I'm her carer) to the debt collection co, and within a few days she had a letter stating the case had been dropped.
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