Page 2 | Does this mean I don't have to pay?

Pissedoffmumgrrrrrrr · 2023-10-17T14:55:55+00:00

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?

Namechange10101010 · 17/10/2023 17:55

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.

Sorry, but this is terrible advice.

At the moment they can't enforce it, because they can't prove you owe it / owe any more than you have already paid.

If you acknowledge the debt by paying something they may take that as acknowledgement you owe the lot and come after you for it.

For those talking about dishonesty OP says she has made payments so may well have paid the original debt or all she can afford and be hoping to write off many times that in fees, interest, etc.

CountingDownTheHours · 17/10/2023 17:58

How much is the amount and who do you owe it to?

Bookworm20 · 17/10/2023 17:59

For those talking about dishonesty OP says she has made payments so may well have paid the original debt or all she can afford and be hoping to write off many times that in fees, interest, etc.

Yes this. If its with a debt collection agency, I expect the majority of it is interest and then this puts people in a position they can often not get out of because its spiralled.

I doubt its a bill for a few artisan products from a local store.

Crazycrazylady · 17/10/2023 17:59

Surely iff they can't prove the op owes the money ie lost paperwork, then it shouldn't affect her credit rating. ? Is it now her word against theirs?

findingithardertoday · 17/10/2023 18:04

Anyone advocating lying is a moron. And there is no need. Just ignore it if you don't want to pay it, knowing it will damage your credit file but they can't take you to court unless the credit agreement turns up.

NewName122 · 17/10/2023 18:06

It's not an enforcable debt so stop paying it / don't pay it.

NewName122 · 17/10/2023 18:09

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.

The letter is them saying they messed up and didn't follow procedure and cannot provide an agreement so there IS NO agreement so OP does not have to legally pay it. OP is not being dishonest. When they give finance they have certain procedures to follow and they haven't done that. This would be an old debt and they are much more careful now. They have been told they must tell people who have been effected with their poor service that the debt is not enforceable and they have done.

Dontcallmescarface · 17/10/2023 18:10

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?

Well hopefully, I wouldn't have been dumb enough to lose the credit agreement document. If the person owed the £ doesn't have the sense to keep something so vital safe, then, quite frankly, it's their problem not the OP's.

Thebigblueballoon · 17/10/2023 18:15

What are we talking here - how much do you owe and who do you owe it to?

crumblingschools · 17/10/2023 18:15

What is the debt for?

StarlightLime · 17/10/2023 18:17

NewName122 · 17/10/2023 18:09

The letter is them saying they messed up and didn't follow procedure and cannot provide an agreement so there IS NO agreement so OP does not have to legally pay it. OP is not being dishonest. When they give finance they have certain procedures to follow and they haven't done that. This would be an old debt and they are much more careful now. They have been told they must tell people who have been effected with their poor service that the debt is not enforceable and they have done.

Edited

Show quote history

Of course op is being dishonest. The debt can't be enforced because of a technicality but she knows it's a real debt and she owes it.
Advise her not to pay it if you want but don't be daft enough to tell her she's doing nothing wrong by reneging on a debt she knows full well is outstanding.

NewName122 · 17/10/2023 18:18

StarlightLime · 17/10/2023 18:17

Of course op is being dishonest. The debt can't be enforced because of a technicality but she knows it's a real debt and she owes it.
Advise her not to pay it if you want but don't be daft enough to tell her she's doing nothing wrong by reneging on a debt she knows full well is outstanding.

Show quote history

No debt specialist would advise her to pay this. None. OP call national debt line or citizens advice if you like, to put your mind at rest. It is not a real debt that she owes anymore that is the whole point.

NoSquirrels · 17/10/2023 18:20

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?

It’s not a person. It’s a debt collection agency who has bought the right to pursue this debt for pennies, hoping to make a profit. They don’t deserve it. Honestly.

NoSquirrels · 17/10/2023 18:21

No debt specialist would advise her to pay this. None.

This is correct.

ginasevern · 17/10/2023 18:26

@crumblingschools

If it's an electricity or gas company or maybe credit card, I think you'll find their ethics are not exactly drawn directly from the bible either. To say nothing of their seriously eye watering profits which, if you recall, were potentially subject to a windfall tax - until the government chickened out.

RedSquirrelsRock · 17/10/2023 18:27

I was chased for the debt of a basic mobile phone, when they first came out so not Android or the like. I hadn't ordered it and didn't want it so asked the company to arrange collection. They didn't, several months went by and then out of the blue I received a call from the company saying I owed them £35 for the phone. There was some to-ing and fro-ing on the call, they claimed they had sent letters, er, no and now they were going to escalate it. Court and baliffs if needed, I in effect told them to bring it on I wasn't bothered. I had proof of a tracked and signed letter to the company explaining the situation, which they had ignored.
The guy I was speaking with finally sighed and said "You're not going to pay are you?"
"Nope." Put the phone down and never heard anymore about it.
Never did find out why it was sent to me.

ThickSkinnedSoWhat · 17/10/2023 18:28

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.

This. Great morals being shown on this post

HighywayToHell · 17/10/2023 18:48

There are no morals in business

Original poster

Pissedoffmumgrrrrrrr · 17/10/2023 18:48

So it's for about £2000 to a large company - think Very / Littlewoods type of place

taken out about ten years ago (I was late teens, very stupid, I know I know)

im not disputing the morals of not paying, the fact is I simply can't afford to.

OP posts:

OnlyFannys · 17/10/2023 18:51

Pissedoffmumgrrrrrrr · 17/10/2023 18:48

So it's for about £2000 to a large company - think Very / Littlewoods type of place

taken out about ten years ago (I was late teens, very stupid, I know I know)

im not disputing the morals of not paying, the fact is I simply can't afford to.

Edited

Very are horrible for the extortionate debt that spirals so you can't keep up with the payments (I speak from experience that I am still paying back) so if its them definitely don't pay

OhNoForever · 17/10/2023 18:52

They can't make you. And if its that old it should be statute barred anyway. Old debts don't legally need to be paid.

Personally for the handwringers, my concern is more that young people are persued by these predatory companies to get themselves into unaffordable debt at ridiculous interest rates. That I find much more morally repugnant than op not paying a debt she has probably paid many times over in interest.

Motomum23 · 17/10/2023 19:21

How long ago did you stop paying anything at all on the debt? That's the clincher. If you haven't made any payments at all for 6 years then it's statue barred and you do not have to pay it.

WomanStanleyWoman2 · 17/10/2023 19:32

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?

I’d feel shit. But some days you’re the pigeon, some days you’re the statue. That’s life.

This agency is hoping for one of three outcomes:

The OP doesn’t really understand she can’t be forced to pay, so coughs up anyway.
The OP does understand she can’t be forced to pay, but doesn’t want to take any risks, so coughs up anyway.
The OP is as much of a Pollyanna as some on this thread and pays up because “It’s the right thing”.

It’s a guilt trip. My uni tried it on with me during my Master’s.There was meant to be a supplementary fee of £400 for the dissertation study term, but I and some others didn’t receive this information. They tried to bill me and I refused to pay. I got a lot of mawkish “Of course I can’t force you to pay, but it will affect course income and potentially cause issues next year…” bullshit from the course leader. Tough luck mate - not my problem.

DelightfullyDotty · 17/10/2023 19:51

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.

Because debt collection agencies are just legal scammers. Especially when it comes to those private parking companies. They just intimidate the person for a while, give up and sell the person’s details to another debt collectors.

Plus they don’t really know what they’re doing. I paid off a debt in instalments and as soon as I’d completed the payments I received another letter saying that I owed more! Which I ignored but it kind of meant that I’d paid back about £500 for nothing.

Just ignore if it’s a big company…they hardly act in a moral way do they? Honestly, people in the real world wouldn’t care!

DelightfullyDotty · 17/10/2023 19:54

If it helps, you’re morally obliged to keep that money for your children.