Debt Advice Required Please

[Rainmaker]

They can also fairly easily issue the legal action so while saying don't panic is correct, do nothing is not advised.

Can and do are two entirely different things. They rely on pumping out letters from the Threat-o-Matic and scaring a good enough percentage into paying up, rather than actually taking people to court, as a rule. I've handled cases for people who've had all the hundreds of letters threatening legal action, then the "7 day" letter, then the solicitor's "final plea", only to call up the DCA on their behalf (having submitted a written authority) and said simply "Mr X does not acknowledge this debt, and I refer you to the letter dated XX. Cease and desist from harassing him, else I will commence immediate action against you under The Administration of Justice Act, The Protection from Harassment Act and others. If you feel you have a case (and I assure you, you haven't) then please file an N1 at County Court - my client awaits his summons and will defend his case completely and thoroughly. Else, go away and don't bother him again." Strangely, I've never had a single person come back with a summons to date...

Everything else is fairly true, chances are if they are chasing now it means they have got a good reason to believe this money is still owed.

Oh if only they operated with such ethics. My general (rather extensive) experience of DCAs is that they'll chase anything and everything. Even if it's not the right person, or the right address etc. It's a very rare thing to find a DCA with not only a legitimate debt but also a deed of assignment from the original creditor (a legal requirement to pursue an alleged debt). They're sharks, threat merchants and bullies, on the whole.

That doesn't mean the OP should ignore this, he should simply write to them stating that no such debt exists or is acknowledged. Leave them to it. Once they start pumping out more threats, and change the letter heading (the guy on the next desk will have a "pre litigation" headed paper or similar), you can send the "go away or I'll sue for harassment" letter and they'll leave you alone.

Been there, done that, got a ton of t-shirts. OP don't ignore it, but certainly don't start producing paperwork and protesting. That tends to just generate more letters and gear them up further. Just send them a nice simple foxtrot oscar.

 

[Gornall]

Can and do are two entirely different things. They rely on pumping out letters from the Threat-o-Matic and scaring a good enough percentage into paying up, rather than actually taking people to court, as a rule. I've handled cases for people who've had all the hundreds of letters threatening legal action, then the "7 day" letter, then the solicitor's "final plea", only to call up the DCA on their behalf (having submitted a written authority) and said simply "Mr X does not acknowledge this debt, and I refer you to the letter dated XX. Cease and desist from harassing him, else I will commence immediate action against you under The Administration of Justice Act, The Protection from Harassment Act and others. If you feel you have a case (and I assure you, you haven't) then please file an N1 at County Court - my client awaits his summons and will defend his case completely and thoroughly. Else, go away and don't bother him again." Strangely, I've never had a single person come back with a summons to date...

Oh if only they operated with such ethics. My general (rather extensive) experience of DCAs is that they'll chase anything and everything. Even if it's not the right person, or the right address etc. It's a very rare thing to find a DCA with not only a legitimate debt but also a deed of assignment from the original creditor (a legal requirement to pursue an alleged debt). They're sharks, threat merchants and bullies, on the whole.

That doesn't mean the OP should ignore this, he should simply write to them stating that no such debt exists or is acknowledged. Leave them to it. Once they start pumping out more threats, and change the letter heading (the guy on the next desk will have a "pre litigation" headed paper or similar), you can send the "go away or I'll sue for harassment" letter and they'll leave you alone.

Been there, done that, got a ton of t-shirts. OP don't ignore it, but certainly don't start producing paperwork and protesting. That tends to just generate more letters and gear them up further. Just send them a nice simple foxtrot oscar.

Its sort of a pet hate of mine.

These rules are there to protect the genuine cases like the OP (i hope ) but in 90% of cases cater to the idiots who have no intention of paying. Genuinely a case of the some destroying things for the many. They are ruthless, uncaring and persistent because they have heard it all before and generally speaking got fed so much **** that they are untrusting of anyone.

 

[Rainmaker]

Its sort of a pet hate of mine.

These rules are there to protect the genuine cases like the OP (i hope ) but in 90% of cases cater to the idiots who have no intention of paying. Genuinely a case of the some destroying things for the many. They are ruthless, uncaring and persistent because they have heard it all before and generally speaking got fed so much **** that they are untrusting of anyone.

One can't simply blame the alleged debtor, as in many cases (most, actually, in my experience) the DCA doesn't even have lawful authority to pursue the alleged debt to begin with. They're ruthless because they know that under barrage of threats of legal action, >90% of recipients will think "OMG, court?!" and pay up regardless.

 

[lee32uk]

Write a letter to them stating that you do not aknowledge the alleged debt. The onus is on them to prove you do owe the money.
I would very much doubt they would take you to Court, unless we are talking a substantial amount of money. 99.9% of the time the DCA's bluff/bully etc with no intention of following through with any Court action.

 

[gjrc]

Can and do are two entirely different things. They rely on pumping out letters from the Threat-o-Matic and scaring a good enough percentage into paying up, rather than actually taking people to court, as a rule. I've handled cases for people who've had all the hundreds of letters threatening legal action, then the "7 day" letter, then the solicitor's "final plea", only to call up the DCA on their behalf (having submitted a written authority) and said simply "Mr X does not acknowledge this debt, and I refer you to the letter dated XX. Cease and desist from harassing him, else I will commence immediate action against you under The Administration of Justice Act, The Protection from Harassment Act and others. If you feel you have a case (and I assure you, you haven't) then please file an N1 at County Court - my client awaits his summons and will defend his case completely and thoroughly. Else, go away and don't bother him again." Strangely, I've never had a single person come back with a summons to date...

Oh if only they operated with such ethics. My general (rather extensive) experience of DCAs is that they'll chase anything and everything. Even if it's not the right person, or the right address etc. It's a very rare thing to find a DCA with not only a legitimate debt but also a deed of assignment from the original creditor (a legal requirement to pursue an alleged debt). They're sharks, threat merchants and bullies, on the whole.

That doesn't mean the OP should ignore this, he should simply write to them stating that no such debt exists or is acknowledged. Leave them to it. Once they start pumping out more threats, and change the letter heading (the guy on the next desk will have a "pre litigation" headed paper or similar), you can send the "go away or I'll sue for harassment" letter and they'll leave you alone.

Been there, done that, got a ton of t-shirts. OP don't ignore it, but certainly don't start producing paperwork and protesting. That tends to just generate more letters and gear them up further. Just send them a nice simple foxtrot oscar.

thanks for that. i spoke to CAB and they said much the same. write a letter recorded delivery stating justice act section 40. ie stop harassing me and get over it.

they have to prove it. i can reply saying i don't acknowledge it etc etc.

thanks again

g

 

[Gornall]

Have you confirmed to yourself its paid? Did you ever check your statements? Always worth being prepared

 

[gjrc]

Have you confirmed to yourself its paid? Did you ever check your statements? Always worth being prepared

i am going to check that this weekend. i want to prove it to myself then tell them to sod off.... hopefully causing them more work and only roll out the evidence at that last minute.

from memory i am 90% sure i paid it at the time. they would have been chasing me back in 05 for payment if i hadn't.

 

[Gornall]

i am going to check that this weekend. i want to prove it to myself then tell them to sod off.... hopefully causing them more work and only roll out the evidence at that last minute.

from memory i am 90% sure i paid it at the time. they would have been chasing me back in 05 for payment if i hadn't.

Probably a safe bet, then if they do escalate you have everything ready.

Possibly. With them going into liquidation though they clearly aint the best with money E.g. you could have paid by cheque but the cheque bounced but they never reconciled sort of thing.

They could be just talking out of their arse though