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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to refuse to pay a debt collection agency?

42 replies

turnandfacethenamechange · 17/02/2020 14:35

They chasing something I never received bills for. Can give full details if wanted (they're really boring!) but am 85% sure I'm right. The debt agency's fee is an extra £200 which I really could do with not having to pay at the moment.

Has anyone challenged a debt agency before and won? How nasty do they get? Trying to gauge if it's worth the potential agro as am scared of going to court but also really annoyed that this has happened!!

OP posts:
MegaClutterSlut · 17/02/2020 16:58

I would pay op. I get it slipped your mind but thats not their problem. At the end of the day you owe the money. The fees will only rise now its in the hands of the bailiffs

turnandfacethenamechange · 17/02/2020 17:03

I think I'll wait and see what Property Management Company Ltd. say first. It may be that they'll admit it's their fault since they're in trouble for telling porkies.

I'd really like to just pay the debt now and argue about the debt fee later but they have said if I do that (even if I could dig up their bank details and the correct amount) their client will return it.

OP posts:
PooWillyBumBum · 17/02/2020 17:08

I’ve “got away with it” twice but because I managed to prove I didn’t actually owe the debt. Once was BT trying to charge for an internet service they’d never managed to get working, another a gym but I’d never signed a contract.

If you can prove they (original company) did have your address it does seem a bit shit for you to have to pay a debt collection fee!

turnandfacethenamechange · 17/02/2020 17:11

Citizen's advise bureau advised writing directly to them and explaining why I think the escalation is unfair, and then saying I'll pay the full debt less the debt charge immediately. Worth a go.

OP posts:
TalbotAMan · 17/02/2020 17:17

It depends on whether they have either a contractual right to bill for debt collecting (it would have to be written into the lease) or a court judgment against you. If they have one or other of those, then you have to pay the extra. If they don't, you don't.

TalbotAMan · 17/02/2020 17:24

Sorry for being thick but what does it mean when a debt is sold on?

A debt can be sold. The buyer gets the right to enforce the debt and pays the seller a fraction (often a small fraction) of the face value for it. It means that the seller doesn't have to chase the debt themselves and does get some money.

There are a number of companies that specialise in buying debt and then trying to recover it.

turnandfacethenamechange · 17/02/2020 17:32

It depends on whether they have either a contractual right to bill for debt collecting (it would have to be written into the lease) or a court judgment against you

Oh crap. I didn't understand that that all. Is your lease something you get a scanned copy of or do you have to pay for it?

OP posts:
Ginnyrellas · 17/02/2020 17:39

I would be tempted to post this on consumer actions group. There are some very lovely non judgey people there that know exactly what they are talking about. (Not saying people here are judgey or clueless)
But that particular forum have helped me out of a pickle on more than one occasion. Best of luck OP

turnandfacethenamechange · 17/02/2020 17:41

Thanks, I'm going to give that a try!

OP posts:
TalbotAMan · 17/02/2020 17:48

Is your lease something you get a scanned copy of or do you have to pay for it?

You should have been given a copy when you bought the flat. It's part of your title deeds.

turnandfacethenamechange · 20/02/2020 18:24

Update.... They agreed to wave the debt collection fee. However the agency charged with chasing the money shares a director with the land management firm so I think they're actually all based under one roof and just use the guise to scare people into paying. Hey ho! At least I've save 200 quid!

OP posts:
Ginnyrellas · 20/02/2020 18:59

@Turnandfacethenamechange

Fantastic news!

BunnytheBee · 20/02/2020 20:02

If you pay all but then DR fee then they’ll probably go for that. You have to think practically - would they issue proceedings for £X? Would you have a defence? I think it’s fair if you to raise it with them and offer what you’re willing to pay and they’ll probably accept that. Sorry haven’t RTFT

BunnytheBee · 20/02/2020 20:03

Just seen the update - well done OP!

honeybeetheoneandonly · 20/02/2020 21:50

Are you sure the ground rent is legit? Have you enquired about the freehold? When we bought our house, we got a bill for ground rent and an admin charge for late payment. I asked for proof we owed the company ground rent and it took a bit of arguing backwards and forwards but they eventually dropped it. It was all very dodgy. In the end, we managed to buy the freehold through the land registry (I think).

BabyofMine · 20/02/2020 22:02

If anyone reads this in the future, don’t listen to the ridiculous advice to ignore a debt if it’s sold. It’s still your debt, debt purchase is a perfectly legal activity in this country and the debt still stands 100%. It’s a way for companies to at least recoup a little bit of money when people aren’t paying their debts.

Happygirl79 · 20/02/2020 22:04

Its your debt
Pay it
You should be aware of your bills and debts.
Your responsibility

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