Debt agency after me :(

Vegetarian · 19 Apr 2011 at 13:26

Ive been a Be internet costumer at my house since 2007 and have had no promlems with the service.

This week I recive a letter from a dept agency to recoved debt of £133 that apparenltly I owe BE! I look at my bank statements for last 3 years and all is fine and they have been taking monthly DD's out of my account.

Phone BE and say theres another account with my name and date of birth on that is in dept.

After investgating a bit more it appears this dept is of my mum. She passed away last year. Now my mum used BE, but the name of the account is under my name not hers even though BE used her email address and her bank account details. BTW debt comes from 2009 when she cancelled her DD with BE as she left BT.

Where do I stand?

Immsy · 19 Apr 2011 at 13:32

Was the BE contract cancelled? IE did you call BE and not just cancel the direct debit? If not then you will be liable for it.

div0 · 19 Apr 2011 at 13:34

So she was £133 in debt when she left BE?

Or, they didn't cancel her account when you think they should have done, and the debts have been increasing ever since?

Metalface Mark · 19 Apr 2011 at 13:35

Vegetarian said:
Ive been a Be internet costumer at my house since 2007 and have had no promlems with the service.

This week I recive a letter from a dept agency to recoved debt of £133 that apparenltly I owe BE! I look at my bank statements for last 3 years and all is fine and they have been taking monthly DD's out of my account.

Phone BE and say theres another account with my name and date of birth on that is in dept.

After investgating a bit more it appears this dept is of my mum. She passed away last year. Now my mum used BE, but the name of the account is under my name not hers even though BE used her email address and her bank account details. BTW debt comes from 2009 when she cancelled her DD with BE as she left BT.

Where do I stand?

Did you set it up for her, put it in your name but with her paying the bill? If so then it is legally your debt and you should pay up.

Vegetarian · 19 Apr 2011 at 13:36

I just remember my mum cancilled BT and She told me she had cancilled the Internet too. Thats all the information I have

Immsy · 19 Apr 2011 at 13:38

Vegetarian said:
I just remember my mum cancilled BT and She told me she had cancilled the Internet too. Thats all the information I have

Doesnt sound like she did cancel the internet

Might not have even been possible if it was in your name.

Deleted member 77746 · 19 Apr 2011 at 13:39

Vegetarian said:
I just remember my mum cancilled BT and She told me she had cancilled the Internet too. Thats all the information I have

If your mom passed away I am sure the debt could be wrote off. Speak to a solicitor or free citizens advice.

SKaRT · 19 Apr 2011 at 13:41

iDroid84 said:
If your mom passed away I am sure the debt could be wrote off. Speak to a solicitor or free citizens advice.

I would echo the sentiment of ringing citizens advice or a solicitor. That's the only way you will get a good, solid and legally accurate answer.

Immsy · 19 Apr 2011 at 13:41

iDroid84 said:
If your mom passed away I am sure the debt could be wrote off. Speak to a solicitor or free citizens advice.

Except it was his debt, not his mums and the account was in his name.

div0 · 19 Apr 2011 at 13:43

Speak to Be and explain the situation?

They may not agree to wipe the entire debt, but they may be able to compromise.

Deleted member 77746 · 19 Apr 2011 at 13:45

Immsy said:
Except it was his debt, not his mums and the account was in his name.

oh .... I would like to apologize. In that case it would have to be paid if they can prove dates of missed payment.

Metalface Mark · 19 Apr 2011 at 14:27

Anyway, if its gone to a debt collection agency then it will have bypassed the ISP.

norm · 19 Apr 2011 at 14:29

Metalface Mark said:
Anyway, if its gone to a debt collection agency then it will have bypassed the ISP.

The ISP instruct the DCA to collect on their behalf. If the DCA fail to do so, the debt will end up back at the ISP more than likely.

If you're not bound by the Consumer Credit Act, there's little the ISP can do besides take you to small claims court, and for this very insubstantial sum it's unlikely.

Rainmaker · 19 Apr 2011 at 14:34

Metalface Mark said:
Anyway, if its gone to a debt collection agency then it will have bypassed the ISP.

That depends on whether it was a simple assignment or an absolute assignment. That is, whether Be* are simply employing the agency to work on their behalf, or whether they sold the debt and its rights to the DCA.

OP, get some advice from CAB or similar. Meanwhile it wouldn't do any harm to write (by recorded delivery) to the DCA stating that you're not aware of any debt, and that you will be taking time to investigate it. Meanwhile, you consider the debt to be in dispute (which disbars them from taking any action).

You could always issue a Consumer Credit Act request (s77(1)) asking for copies of the original signed executed agreement, enclosing a £1 postal order for the statutory fee for that purpose. Likely they'll just close their file as they require copies of that paperwork for the debt to be enforceable, and I'm pretty sure they'll have no such thing.

Meanwhile it wouldn't hurt to speak to Be* and explain the situation and see what they say. If you don't get any joy then send it to them in writing, perhaps enclosing a copy of your mum's death certificate. While it wasn't in her name, if you can show you're an ongoing and paid-up customer and that the other account was using her bank, they may let it slide.

toString · 19 Apr 2011 at 15:18

http://www.beusergroup.co.uk/?id=663