Constantly being pestered for a debt I don't believe I have - HELP!

tbboy2011 · 25 November 2014 at 12:31PM

Hi guys.

I keep getting pestered by different companies for a debt I don';t believe I owe.

I got a letter around 2-3 years ago asking me to pay £256.66 for a debt I was unaware of. I sent the standard letter asking for a true copy of the original credit agreement, they got back to me saying they couldn't provide one.

I didn't hear anything until I moved house again about a year ago, where ever since I keep getting the standard letters demanding it. I've had 7 now. Each time I have replied requesting a copy of the original credit agreement as I genuinely don't know what the supposed debt is for.

They never reply, it just seems to keep getting passed around to different companies, and the latest letter is saying they're going to arrange a door collection. It says:

Date 10th November 2014

Dear….

We confirm that the outstanding debt due to Aktiv Kapital has now been placed with akinika debt recovery ltd for immediate collection and settlement.

we intend to arrange a doorstep call by one of our home collection division and with your agreement discuss your outstanding account. Alternatively, you can respond to this letter and make specific repayment proposals that are acceptable to akinika debt recovery ltd thereby precluding yourself further inconvenience.

should your financial circumstances prevent total settlement of the account your offer of realistic monthly or weekly payments will receive our careful consideration.

You have 72 hours to respond to this letter.

I am fed up with it. What do I do now? Do I phone them? Do I send them another letter? If so what do I send to them?

Any advice appreciated as if they turn up to my door where do I stand legally?

I cannot attach files but i have copies of all the letters they have sent me.

FireWyrm · 25 November 2014 at 12:34PM

It is a case of rinse and repeat unfortunately, but you could add the threat of harassment charges and reporting to the ombundsman if they dont back off. Tell them that a doorstep visit is specifically prohibited unless they can supply proof of the debt and it is not for you to prove otherwise.

Fruit_and_Nut_Case · 25 November 2014 at 12:39PM

tbboy2011 wrote: »

...i have copies of all the letters they have sent me.

This is an excellent idea. Keep hardcopies of everything.

Apart from that I can't add anything to what FireWyrm has said.

tbboy2011 · 25 November 2014 at 12:55PM

Thanks.

So i'm going to reply this then:

To Whom It May Concern:

I am writing in regards to the above reference number, replying to yet another letter I have received regarding a supposed debt from yourself or Aktiv Kapital, which I do not acknowledge that I owe.

Every time I receive these letters I reply to you asking you to prove that I have an outstanding debt, never once have you successfully provided me with a true signed copy of the original credit agreement or physical proof that I have an outstanding debt related to it.

These continuous letters are harassment and a doorstep visit is strictly prohibited unless you can supply proof of the debt. It is not for me to prove otherwise.

I trust if you cannot provide a true copy of the original credit agreement along with any proof this debt belongs to me, then this harassment will stop with immediate effect.

Yours

Does that sound OK?

fermi · 25 November 2014 at 1:00PM

If you are going to write, then I would also include the elements of this letter that apply in your case.

---> http://forums.moneysavingexpert.com/showpost.php?p=57703407&postcount=3

tbboy2011 · 25 November 2014 at 2:53PM

Great thanks for the advice.

I am going to send this updated letter then:

Dear Sirs

Complaint

I have written to both yourself and your associated companies countless times regarding the account with the above reference number, for which you claim I owe £256.66. I pointed out continuously that I have no knowledge of any such debt being owed to GE Capital Global Consumer Finance LTD. I asked that no further contact be made concerning the above account unless/until you could provide evidence as to my liability for the debt in question.

Despite this, you and your companies have continued to write and make demands for payment.

I wish to complain that you have breached the following sections of the FCA's Debt Collection Rules (2014):

• A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.
• Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.
• A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.
• Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must (1) pass the information provided by the customer to the lender or the owner; or (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation.

This has caused me considerable distress and I consider it appropriate that you stop this with immediate effect.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman Service and how long I have to do so.

If you are unable to provide me with a response within eight weeks, you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

These continuous letters are harassment and a doorstep visit is strictly prohibited unless you can supply proof of the debt. It is not for me to prove otherwise.

Yours Faithfully

If anyone thinks I should edit/add anything else please let me know, otherwise I shall send it later on today.

FireWyrm · 25 November 2014 at 3:22PM

Nope, that about covers it. Be sure to print it onto cardboard and mail it coach class snail mail.

tbboy2011 · 25 November 2014 at 3:33PM

FireWyrm wrote: »

Nope, that about covers it. Be sure to print it onto cardboard and mail it coach class snail mail.

Haha will do. Though I'm still on pigeon carrier up north.

FireWyrm · 25 November 2014 at 5:36PM

tbboy2011 wrote: »

Haha will do. Though I'm still on pigeon carrier up north.

Send it via the next manure cart going south....

Constantly being pestered for a debt I don't believe I have - HELP!

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