Old BOS account
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Letter came from Wescot today. Short version
'Having contacted our client they have advised as this is a current account and not covered by CCA, a copy of the opening agreement is not available. The only documentary proof to show your liability on this account is the transaction list'
Documentary proof being 5 payments l made the first five months this year to Drydens Fair Fax.
Any one care to agree that there is no proof.
The proof would be in the form of bank statements showing how the debt was accrued, is that what they have sent ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
No statements or anything related to the account accrual . All they refer to is the 5 payments l made this year.0
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So, let me get this right, they are saying as you have already acknowledged the debt by making five payments to it, earlier on this year, that that removes there obligation to provide evidence of a debt to the debtor, on request, is that correct ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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' that removes there obligation to provide evidence of a debt to the debtor, on request, is that correct' not entirely sure what this means. Lets just say l paid x amount for 5 months and then realised that l maybe wasnt liable for this and infact l should claim the 5 months back, after all these companies do send out some pretty demanding letters that some folk are fearful off and send payment.0
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' that removes there obligation to provide evidence of a debt to the debtor, on request, is that correct' not entirely sure what this means. Lets just say l paid x amount for 5 months and then realised that l maybe wasnt liable for this and infact l should claim the 5 months back, after all these companies do send out some pretty demanding letters that some folk are fearful off and send payment.
Ok, for the avoidance of doubt then, when you ask for proof of a debt, they must provide it, makes no difference if you have been paying the account or not, no proof, no debt.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Ok, thanks for the explanation and simplification. They go on to demand full payment or arrangement before 26th of December. What would you suggest in the way of a reply to them? Based on what l have read l am more inclined to think the reply should be ' No proof of debt, please refund the 5 payments that has been made in error due to the fact your company has made unsubstantiated and threatening demands and do not contact me again regarding this account'. Is there any act or regulation l can refer to regarding this?0
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Well unless I've missed something you're not disputing the debt exists? Or that it was yours?
I think your'e talking a grey area in trying to get money BACK off them, as in essence (again unless I've missed something) you're simply bringing into dispute their ability to legally do anything more than ask for the money you owe. It doesn't stop the debt existing, it just means they can't do squat all to force you to pay it.
Unless you are saying this debt was never yours in the first place then I don't think you have any chance of getting any payments made back - I'm sure Sourcrates will correct me if I'm totally of the reservation on this one
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I suppose asking for the 5 payments back is pushing it a bit. Realistically though, its their ability to legally do anything that l would like to establish. As lm unemployed, and have been for 16 months, l would rather not be pressured into paying for this if l dont have to.0
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Ok, follow up to the provit letter goes something like this :
Dear [Debt Collection Company],
COMPLAINT
On dd/mm/yy I asked you to prove my alleged debt to xxxxxxx. I attache a copy of my letter.
The FCA rules are clear that ” Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.”
I do not owe this money. You have failed to produce any evidence that I do. If you do not cease to contact me about this debt I shall be complaining to the Financial Ombudsman.
Please also delete the incorrect entries from my credit records.
Your name
You can, if you wish, add a sentence about refunding the payments already made (but dont hold your breath).I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks for the help. l will get this in the post today.0
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