Letter from Debt collectors
Letter from Debt collectors
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Discussion

boyse7en

Original Poster:

8,189 posts

195 months

Wednesday 15th November 2017
quotequote all
I've had a letter through the post from a debt collection agency chasing payment of a small debt to a large organisation.

But the debt isn't anything to do with me. I've never owed the company money, nor do I have any method of accruing a debt (all payments are taken at time of purchase)

I've contacted the company, who claim they don't know anything about the debt, and that my records show no monies owing.

What's the best course of action now? Ignore the letter, or do I need to go through the rigmarole of trying to prove to a bunch of money-grabbing shysters that they have go the wrong man? I get the feeling that once I ring and they have a confirmed name and address it will be a nightmare of trying to prove that it is nothing to do with me.


anonymous-user

84 months

Wednesday 15th November 2017
quotequote all
Probably best not to ignore it, write to them and tell them the situation.

Amused2death

2,526 posts

226 months

Wednesday 15th November 2017
quotequote all
Something that has achieved results for me in the past. (Assuming it is an error rather than an actual debt)

Write to the DCA telling them you dispute the debt and they need to refer to the originator.

If they write again, send them the same reply. Once they see you aren't an easy target they'll move on to easier stuff.

Meanwhile this will give you time to deal with it at source.

ETA. They have to prove the debt, it's not for you to prove you don't, though it may be easier to do this.

HantsRat

2,409 posts

138 months

Wednesday 15th November 2017
quotequote all
What's the company? Do they own smaller businesses under the big umbrella name? Could be one of them.


boyse7en

Original Poster:

8,189 posts

195 months

Wednesday 15th November 2017
quotequote all
Amused2death said:
Meanwhile this will give you time to deal with it at source.
What do you mean by that? I'm not sure how I can prove that the debt isn't mine, other than contacting the company (which I have already done) and asking them to confirm

Amused2death

2,526 posts

226 months

Wednesday 15th November 2017
quotequote all
boyse7en said:
Amused2death said:
Meanwhile this will give you time to deal with it at source.
What do you mean by that? I'm not sure how I can prove that the debt isn't mine, other than contacting the company (which I have already done) and asking them to confirm
If both you and the original co alleging the debt in the letter are agreed that you don't owe anything then tell them to get the DCA off the case.

speedking31

3,927 posts

166 months

Wednesday 15th November 2017
quotequote all
Or it could be a scam?

chow pan toon

12,956 posts

267 months

Wednesday 15th November 2017
quotequote all
Amused2death said:
Something that has achieved results for me in the past. (Assuming it is an error rather than an actual debt)

Write to the DCA telling them you dispute the debt and they need to refer to the originator.

If they write again, send them the same reply. Once they see you aren't an easy target they'll move on to easier stuff.

Meanwhile this will give you time to deal with it at source.

ETA. They have to prove the debt, it's not for you to prove you don't, though it may be easier to do this.
Exactly this.

When I rented I used to get debt collection letters quite frequently for old water, electricity, gas bills etc. Ask them to prove their case first before you go to the trouble of proving that it isn't you. I don't think one ever came back apart from to say that they were "discontinuing enforcement" or some other quasi-legal terminology.

Don't ignore it though.

clockworks

7,702 posts

175 months

Wednesday 15th November 2017
quotequote all
I've been having a similar problem with a debt collection agency for over 6 months. Apparently I owe £1900 for a student loan. I do have a student loan, taken out a couple of years ago. At first, I thought it was just a statement, didn't check closely as I earn under the lower limit where repayments start.

I started getting letters asking for repayment. It wasn't immediately clear they were being sent by a collection agency, but I realised it wasn't for my loan.
I started a dispute with them once it became clear that I was dealing with a collection agency (no the student loans company), and that the debt wasn't mine.

Eventually they sent a copy of the original loan agreement. Same name, same birthdate, but different are of the country to where I was living at the time. several long phone calls later, and they admitted that it was a "wrong trace". They had just searched for the name and date of birth, and picked on me.

I think it's been sorted now, but I haven't had it acknowledged in writing, just verbally.

Red Devil

13,516 posts

238 months

Thursday 16th November 2017
quotequote all
Amused2death said:
Write to the DCA telling them you dispute deny the debt and they need to refer to the originator.

If they write again, send them the same reply. Once they see you aren't an easy target they'll move on to easier stuff.

Meanwhile this will give you time to deal with it at source.

ETA. They have to prove the debt, it's not for you to prove you don't, though it may be easier to do this.
^^^This^^

With one minor change. smile

boyse7en said:
Amused2death said:
Meanwhile this will give you time to deal with it at source.
What do you mean by that? I'm not sure how I can prove that the debt isn't mine, other than contacting the company (which I have already done) and asking them to confirm
You don't have to. Once you have denied that you are the debtor the ball is firmly in the creditor's court.
It's a very simple rule: 'He who asserts must prove'.
http://www.straffordkentlaw.co.uk/burden-of-proof/

Grebby

116 posts

233 months

Thursday 16th November 2017
quotequote all
clockworks said:
I've been having a similar problem with a debt collection agency for over 6 months. Apparently I owe £1900 for a student loan. I do have a student loan, taken out a couple of years ago. At first, I thought it was just a statement, didn't check closely as I earn under the lower limit where repayments start.

I started getting letters asking for repayment. It wasn't immediately clear they were being sent by a collection agency, but I realised it wasn't for my loan.
I started a dispute with them once it became clear that I was dealing with a collection agency (no the student loans company), and that the debt wasn't mine.

Eventually they sent a copy of the original loan agreement. Same name, same birthdate, but different are of the country to where I was living at the time. several long phone calls later, and they admitted that it was a "wrong trace". They had just searched for the name and date of birth, and picked on me.

I think it's been sorted now, but I haven't had it acknowledged in writing, just verbally.
Now go back to them and inform them of their breach of DPA and see how much they offer you to keep quiet wink

anonymous-user

84 months

Thursday 16th November 2017
quotequote all
Wind me up these sort of people, but now you have responded to them ,if you do not owe the money contact the people that have instructed the debt company , clear yourself with them, Ask for some sort of remuneration for your time , and stress , and then demand the debt collection agency send you written confirmation your not on any debt list that could effect your credit score in future

boyse7en

Original Poster:

8,189 posts

195 months

Wednesday 7th February 2018
quotequote all
So this issue finally got sorted about a week ago. Had a letter from the Debt Collectors saying that they had been instructed by their client to no longer continue pursuing payment and that any record of it on my credit score etc will be removed.


However...

I've now got another bunch of Debt Collectors chasing me for €1300 that I apparently owe Amazon in Germany (Amazon.de).
This is getting to be a real PITA.

This bunch have sent me a list of invoices for the goods they claim I have bought (obviously I haven't bought any of them - its a random collection of expensive books and Audio books). I keep sending them letters but so far I just keep getting renewed demands for payment.

The Rookie

286 posts

227 months

Wednesday 7th February 2018
quotequote all
Its almost certain there is someone with a similar name who has incurred these debts and they aren't showing up on a trace but you are, far from uncommon.

A simple polite 'f-off' letter explaining they are not your debts and they have traced the wrong person will often work.