Debt Recovery Letter Received

Guest101 · 16 June 2017 at 10:30AM

wildbilljones wrote: »

They are not unconnected. I had a dispute with a train conductor who told me I'd receive a fine in the post. A few days later I receive a letter asking for the same amount from a debt collection agency. They certainly are connected and I know what they 'debt' is for. However, I haven't been given a chance to dispute with the train company. The debt collection letter gives no details of the train company, the debt, the offence or anything so in the circumstances, I should surely ignore it. Is it acceptable to send people letters claiming you owe them money but giving no explanation whatsoever?

A penalty fare notice is not £105.56 though....

- yes you can send whatever you want, it could be just an 'admin mistake'

StopIt · 16 June 2017 at 11:25AM

Also, your "dispute" with the train company will likely not get you anywhere.

They're not likely to accept your reasons for sitting in 1st class. Surely the seats saying 1st class on them is hint enough and of course, ignorance is no excuse anyway. Trust me, they've likely heard it all.

If you don't want to engage with the DCA, it's your call but that comes with it's own risk. Replying in writing without acknowledging the debt and asking for proof is the best way forward.

[Deleted User] · 16 June 2017 at 1:22PM

Thanks for the advice. I think that responding to what amounts to a phishing letter and giving a DCA a person to harass is a very bad idea though. With a name and no other details and no response from the person they are seeking, I see no way that they can take things further.

I'll bide my time and see if the train company wish to issue a fine or warning.

StopIt · 16 June 2017 at 1:49PM

wildbilljones wrote: »

Thanks for the advice. I think that responding to what amounts to a phishing letter and giving a DCA a person to harass is a very bad idea though. With a name and no other details and no response from the person they are seeking, I see no way that they can take things further.

I'll bide my time and see if the train company wish to issue a fine or warning.

That's what the Prove-It letters are for.

You don't accept legal responsibility for the debt and you put the onus on them to actually come up with the goods so to speak. If I was in your position I'd be wanting to put the DCA on the back foot because there's nothing stopping the DCA issuing a Letter Before Action at any point now, regardless of whether you think they're being fair or not.

These DCA guys usually hope that people either get scared and pay, or just ignore it as they then don't need to provide much evidence at all to win a CCJ by default.

[Deleted User] · 16 June 2017 at 2:40PM

Thanks again. All things considered, I don't think it's worth entering a conversation with people like this. I don't believe that they'll attempt to win a CCJ nor that they'd be successful if they did. They haven't located the person they are attempting to charge. I think therefore it's a question of whether I'm willing to pay the amount (I'm not) or whether I accept them chasing me for a while (I'm ok with that). If whoever issued the fine expected to have it paid up, they should have contacted me, not sent it to a DCA immediately.

anna_1977 · 16 June 2017 at 2:46PM

wildbilljones wrote: »

Thanks again. All things considered, I don't think it's worth entering a conversation with people like this. I don't believe that they'll attempt to win a CCJ nor that they'd be successful if they did. They haven't located the person they are attempting to charge. I think therefore it's a question of whether I'm willing to pay the amount (I'm not) or whether I accept them chasing me for a while (I'm ok with that). If whoever issued the fine expected to have it paid up, they should have contacted me, not sent it to a DCA immediately.

I don't think you should ignore the rail fine! If you do you'll be posting on here down the line about having a CCJ and screwed credit history

[Deleted User] · 16 June 2017 at 2:50PM

But it isn't rail fine! It's a letter from a DCA claiming I have outstanding credit! If I get a rail fine, I fully intend to cooperate.

StopIt · 16 June 2017 at 2:50PM

wildbilljones wrote: »

Thanks again. All things considered, I don't think it's worth entering a conversation with people like this. I don't believe that they'll attempt to win a CCJ nor that they'd be successful if they did. They haven't located the person they are attempting to charge. I think therefore it's a question of whether I'm willing to pay the amount (I'm not) or whether I accept them chasing me for a while (I'm ok with that). If whoever issued the fine expected to have it paid up, they should have contacted me, not sent it to a DCA immediately.

Again, I'm speaking in the general when it comes to DCA's. And so you know, they can and will throw a CCJ case in for low amounts like this as the bar to get a judgment in default is very low. Do not think they wont because they haven't cleared your bar of evidence because that's asking for trouble.

If this is for the train fine though, again, this wont be a CCJ they'll be applying for, but a magistrates court fine as avoidance of paying a penalty fare is not a county court matter.

What train company is this regarding? Have you investigated on their penalty fare procedures?

sourcrates · 16 June 2017 at 2:57PM

Daniels Silverman are a standard trace and contact debt collector.

So they will be acting for a client.

The letter is purposely vague, in order that you will contact them to obtain further information (as off October 1st this year the law will change so that anyone chasing a debt has to provide information and proof of liability at first contact).

At present you can only speculate what this is about, you think it "may" be about a train fare fine, of course it may be something else entirely, the problem you now face is this, if it is about the fine, and you avoid contact, its almost certain the client (rail operator) will escalate this to the magistrates court.

If you want to avoid this happening, all you need do is send them the "provit letter", and you will then have your answer, for the sake of a second class stamp, and 10 mins of your time, you could avoid a lot of trouble.

Fines are a priority debt because the magistrates' court has the power to send you to prison for non-payment. The magistrates' court may fine you for committing a driving offence, not paying a fixed penalty notice, not having a television licence or many other criminal offences.

Guest101 · 16 June 2017 at 2:58PM

wildbilljones wrote: »

Thanks again. All things considered, I don't think it's worth entering a conversation with people like this. I don't believe that they'll attempt to win a CCJ nor that they'd be successful if they did. They haven't located the person they are attempting to charge. I think therefore it's a question of whether I'm willing to pay the amount (I'm not) or whether I accept them chasing me for a while (I'm ok with that). If whoever issued the fine expected to have it paid up, they should have contacted me, not sent it to a DCA immediately.

Oh my word....

1: A CCJ is a civil claim (and if they did seek that and you didn't respond, they would win)
2: This is a criminal claim, so magistrates for you good sir.

Debt Recovery Letter Received

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