Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Flip

Original poster

anyone got any experience of debt recovery agent people - am in a bit of a state

22 replies

fryalot · 29/11/2007 11:13

Got a letter on 13th Nov from a debt recovery place saying that I owed them £119 from 2001 and stating an address that I did live at, but had moved out waaaay before then. I rang them and said that it didn't ring any bells with me and a chap said that if I paid them £9 then that would stop them taking it to court and he would put a stop on it for 3 months while they investigated it.

This morning I got another letter saying "despite numerous attempts to resolve the account you have chosen to ignore all correspondence..." and basically saying that they are taking me to court.

I rang them up and said that I thought that this was being investigated as I am not sure it was me who ran up the account. They said that they are sure it was me and if I want to say that it is fraud then they will send it to their litigation dept. and the police will get involved.

I said that I just want to see some kind of proof that it is me, or even a date of some kind of activity on the account whilst I lived at the address that they have for me. They said that they can't send me any of this because if it is not me then it is against the data protection act. If I said that it is me, they won't send it to me because there is no need as I am accepting the debt is mine.

I just want to see some details, that's all. It doesn't ring any bells and I don't know that it is my debt. But I am not saying it is NOT my debt, I am asking for them to clarify things and they are just saying that they don't need to.

What can I do?

OP posts:

stripeymama · 29/11/2007 11:18

They cannot legally enforce payment without showing you proof of the debt AFAIK.

Where did the debt originate? You need to speak to them, rather than the debt collection agency.

This happened to me recently ad I spoke to the council (the debt was for unpaid rent in 2002) who withdrew it from the debt people while they looked into it, and subsequently wrote it off altogether.

Original poster

fryalot · 29/11/2007 11:19

they won't tell me.

They said it's a store card. I don't have store cards.

OP posts:

ChubbyScotsBurd · 29/11/2007 11:21

Sounds V suspect. I would call the CAB for advice. Did you pay the £9? i HAVE NO EXPERIENCE BUT IT SOUNDS oops! very odd that they can't/won't provide documentary proof.

Can you call the people you originally owed the money to (store care/phone provider, whoever) and check? Do you have access to your credit record?

This site does free credit reports.

Original poster

fryalot · 29/11/2007 11:21

If I knew who I originally owed the money to, I may know whether it was my debt or not. They won't tell me

OP posts:

stripeymama · 29/11/2007 11:22

Ok, let them call the police in then. If you know you didn't run the debt, it sould be a police matter really and you have nothing to worry about.

Which agency is it if you don't mind my asking? Some are worse than others.

ChubbyScotsBurd · 29/11/2007 11:23

If you don't have store cards it can't be your debt surely ...

StaryNightSky · 29/11/2007 11:24

They HAVE to provide you with details of the debt. With out doing so there is no case to answer. Sounds very suspect to me.

Original poster

fryalot · 29/11/2007 11:28

thank you.

I feel a bit calmer now.

I don't know it wasn't me, or someone related to me or someone somehow connected to me.

I want to see some details, that's all.

I was going through a rather horrific break up at that time, and I suppose it is possible that I could have forgotten about it, but not likely.

I just want to see what details they've got then I'll know. I don't understand why they won't share what details they've got.

OP posts:

stripeymama · 29/11/2007 11:29

They have to tell you. Tis the law.

Tortington · 29/11/2007 11:29

let them call the police. let them go to court - the debt isn't yours - next time they ring - or if you have their number please tell them you have been to see a consumer rights lawyer and they say that without proof of debt you cannot be held liaible for it.

Original poster

fryalot · 29/11/2007 11:30

but how do I make them tell me?

OP posts:

Original poster

fryalot · 29/11/2007 11:30

and they say that they have proof that it was me, they are just not going to let me see it

OP posts:

Tortington · 29/11/2007 11:31

you dont - dont bother making them do anything. they cannot possible win taking you to court for a debt you have no knowledge of

this is some 20 year old oik sat behind a desk with more spots than brain cells.

call their bluff

Original poster

fryalot · 29/11/2007 11:32

and what if it is mine, and they take me to court, and it ends up costing looooooads more because of court fees and stuff?

OP posts:

stripeymama · 29/11/2007 11:32

Look here

Insist on being told.

Tortington · 29/11/2007 11:33

think about it - its bull shit.

tell them you have seen a consumer rights lawyer

ask them for everything in writing - tell them you want to speak to the manager

tell them you are a lawyer and they certainly picked ont he wrong house today

ChubbyScotsBurd · 29/11/2007 11:34

If it is yours (which it can't be given you don't use storecards) then you pay up when you see proof you owe it. Otherwise they can bog off. If they have no case or proof it won't make court.

ScoobyDoo · 29/11/2007 11:37

Sqonk you need to cal there bluff because that is what they are doing to you, I bet they have NO proof it was you, i would just say call the police & let it go to court because as i am totally unsure if it is me or not there is not alot else i can do with the information you are telling me.

I bet they dont call the police even, if you need to go to court, explain what happened & that you were not sure if it was you or not & court was the only way you could find out the truth.

Tortington · 29/11/2007 11:43

Data Protection Act disclosure request

Dear Sir/Madam
Regarding: [Your Account Number. or account mentioned]

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete history of relating to my account.

You have 40 days in which to comply. Therefore, to save yourselves some time and money, you must in line with the data protection act disclose any information held on your records pertaining to me. Please note i will not hesitate to go to court

Yours faithfully,
[Your signature here]
[Print your name here]

Original poster

fryalot · 29/11/2007 11:55

well, I lost my internet connection, so couldn't tell you what I was going to do.... anyway, I rang them, quoted points from the document from the OFT, explained that in my opinion, they are not following best practice as set down in this document and it is not my responsibility to prove that I don't owe the debt, it is theirs to prove that I do.

They are getting all the info and sending it to me by post.

In the meantime, they are putting the whole thing on hold.

And I managed to to either cry at them or swear at them

OP posts:

Original poster

fryalot · 29/11/2007 11:57

and now I must spend some time with the littlies before they rebel!

Thanks very much everyone, you calmed me down, helped me and organised me. Twas just what I needed

OP posts:

Tortington · 29/11/2007 11:57

oh well done

Flip

Swipe left for the next trending thread