RBS referral to debt collectors before copyright letters sen

[pluk69]

Will do - and I'll bank their cheques too

[pluk69]

Hi,

Incasso look to have started the whole process again from the beginning - shall I just keep billing them?

[ceylon]

if you have sent the 3 letters yes

[pluk69]

Super, thank you.

[pluk69]

So after hearing nothing from them since my last post a claim form has arrived today. I don't know what I should do? Its from Incasso who had all three letters and an estoppel ages ago and also have an invoice against them. Do I ignore it or dispute it and counterclaim?

[GANGSHIELD]

So after hearing nothing from them since my last post a claim form has arrived today. I don't know what I should do? Its from Incasso who had all three letters and an estoppel ages ago and also have an invoice against them. Do I ignore it or dispute it and counterclaim?

you counterclaim as I see it.

[pluk69]

So I should dispute the whole amount?

Is this wording ok as what to use in the defence box:

I have on three separate occasions in writing asked incasso to provide me with evidence as to what this debt is and a copy of the original agreement. They have ignored these requests. Even if this debt did exist it is unenforcable so they cannot get a court judgement against me.

In the same time period RBS, the company they claim to represent, has sent me an apology letter and given me a small cheque to compensate me for my inconvenience.

[GANGSHIELD]

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 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.

Adjust to suit, if deemed Statute Barred then say so if you are sure & point out Statute Barred as per limitation act and you will not be paying.

Could Bill for the last letter as well to include the totals of the other Bills.

[pluk69]

I can send that to Incasso - but what do I put on the claim form for the court? The same thing?

[GANGSHIELD]

I can send that to Incasso - but what do I put on the claim form for the court? The same thing?

If you do not know what it is about say you are going to defend all of the claim.

If you admit all or part then say on the form.

That is the Norm, but you have had dealings with RBS etc, so you have to go with the drift but make sure you acknowledge even part of claim if it is a true claim,