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AIBU?

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Original poster

Does this mean I don't have to pay?

70 replies

Pissedoffmumgrrrrrrr · 17/10/2023 15:55

Sorry posting here for traffic

got this email from a debt collection agency, they've said this:

Please see attached your statements and payment history in regard to the above noted account. We have contacted the original creditor and they have confirmed that a copy of your agreement is not available. While this does not mean that the balance outstanding is not due and payable, we do accept that we are unable to take any enforcement action to collect the debt.

not sure if I'm being daft or what but does this mean I have to pay it or not? It's a bit confusing?

OP posts:
BoohooWoohoo · 17/10/2023 15:56

Do you owe this debt or is this a scammer?

Original poster
Pissedoffmumgrrrrrrr · 17/10/2023 15:57

It's a real debt

OP posts:
newamsterdam · 17/10/2023 15:57

It means you and they both know you owe it, but they can't actually make you pay it.

HirplesWithHaggis · 17/10/2023 15:58

I think it means morally you're due to pay, but there is nothing they can do if you don't.

ButWhatAboutTheBees · 17/10/2023 16:05

"You do need to pay this but we can't really make you"

poetryandwine · 17/10/2023 16:06

What about your credit rating, OP?

JaxiiTaxii · 17/10/2023 16:07

we do accept that we are unable to take any enforcement action to collect the debt

You know you owe it, they know you owe it, but due to a technicality in your favour they can't take you to court, or send in a baliff.

JaxiiTaxii · 17/10/2023 16:08

Oh bollocks. Weird reverse bold.

Yeah that's a good point poetry - will it affect your credit rating?

Motomum23 · 17/10/2023 16:10

It means they haven't got a leg to stand on and you could actually send them a nice letter saying without an original credit agreement you cannt pursue this debt and therefore please stop contacting me or I will start charging you for my time.

FarFarAwayB · 17/10/2023 16:12

Debt issues can be complicated and have far reaching effects on you for years to come. Have a look at the link below (relates to English law) and read what seems relevant to your situation.

I strongly suggest you contact Citizens Advice, or Step Change or some similar organisation.

Don’t ignore debt.

good luck

https://www.citizensadvice.org.uk/debt-and-money/

Debt and money

Get advice on dealing with debt, bailiffs, bankruptcy, pensions, tax and more.

https://www.citizensadvice.org.uk/debt-and-money/

TheFlis · 17/10/2023 16:13

I had this with a debt, I refused to acknowledge it and without the original agreement, they couldn’t prove I owed it.

It will sit on your credit report for 7 years and then just drop off and have no further impact.

LIZS · 17/10/2023 16:30

They cannot pursue you at the moment. If the creditor produces the information it can still be.

Septagenariandaisy · 17/10/2023 17:09

If it’s a real debt and you know full well you owe this money then you should do the right thing and pay it. The fact they have sent statements and a payment record (albeit part paid) proves you know the debt is valid.

MasterBeth · 17/10/2023 17:14

Septagenariandaisy · 17/10/2023 17:09

If it’s a real debt and you know full well you owe this money then you should do the right thing and pay it. The fact they have sent statements and a payment record (albeit part paid) proves you know the debt is valid.

The fact they have sent statements and a payment record (albeit part paid) proves you know the debt is valid.

No, it doesn't prove that. It only proves that the OP made certain payments in the past. It doesn't prove what the arrangement for other payments was, or that the OP can remember the exact terms of that agreement.

GRex · 17/10/2023 17:14

Morally you should pay it in full, however your best bet would be to offer a small sum to have it written off. The contract could be identified and then they will go for enforcement, coming to an agreement now means they won't.

You should get debt advice regardless, as clearly there are some issues with how you manage your finances. A debt advisor can help you develop better budgeting habits.

Countryliving0180 · 17/10/2023 17:16

I wouldn't bother to pay. They can't force you now if what they are saying. They can't take you to court or call bailiffs etc

TheYearOfSmallThings · 17/10/2023 17:18

I would take that to mean that I was off the hook (clearly I am not a lawyer).

Christmasusernamepending · 17/10/2023 17:20

Keep the money. Better in your pocket than a huge company.

Septagenariandaisy · 17/10/2023 17:26

I am amazed that some people are saying they wouldn’t pay and would choose to ignore the debt.
Whatever has happened to basic honesty.

ginasevern · 17/10/2023 17:28

@Pissedoffmumgrrrrrrr

If you're credit rating is already screwed then don't pay it. Probably a big company squeezing every pound of flesh from the minions.

ginasevern · 17/10/2023 17:29

@Septagenariandaisy

Basic honesty starts at the top and there isn't much of it I can assure you.

findingithardertoday · 17/10/2023 17:32

If it's a Consumer Credit Agreement they cannot enforce the debt through a court claim (that's the law). But technically you still owe the debt, so non payment will knacker your credit history and you may struggle to get loans in the future.

findingithardertoday · 17/10/2023 17:33

Sorry should have said they cannot enforce with a court claim if they've lost the original agreement.

Bookworm20 · 17/10/2023 17:51

however your best bet would be to offer a small sum to have it written off.

Do not do this. Do not acknowledge you know the debt. Once you do that they can continue chasing (and it interrupts the set amount of time they have in which to chase you).

They are saying they know its your debt, but they can't enforce it. They are hoping you will acknowledge that and offer up a payment of some kind.

Send it back - tell them debt was cleared already, so this isn't mine and they won't bother you again. it wouldn't be worth their time and it'll be taken off their books.

crumblingschools · 17/10/2023 17:55

How would those people saying don’t pay it feel if they were the person who were owed the money?