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    • jwi007
    • By jwi007 15th Sep 17, 9:15 AM
    • 1Posts
    • 1Thanks
    jwi007
    Debt Collection Process
    • #1
    • 15th Sep 17, 9:15 AM
    Debt Collection Process 15th Sep 17 at 9:15 AM
    Quick Background( :Scots Law)

    - Hired a company to produce a "<something>". No T &C nor contract signed.
    - Paid £600 out of £900 ( and have an email stating outstanding balance £300). Paid via Bank transfer( so audited).
    - Company later resigned before finishing ( have letter stating that)
    - I have never been invoiced for remaining £300/nor reminded.

    Got a letter from debt collection agency for £600 + £150 for their fee on top= £750.00

    Questions:
    - Surely they must invoice me and give me a chance to pay?
    - The fact they resigned - does this null and void any contract/outstanding fees?
    - Do debt collection agencies need to do any due diligence before contacting me i.e. see an invoice/t&c etc?

    Any general advice?


    thanks in Advance
    Last edited by jwi007; 15-09-2017 at 12:21 PM.
Page 1
    • sourcrates
    • By sourcrates 15th Sep 17, 2:41 PM
    • 11,972 Posts
    • 11,453 Thanks
    sourcrates
    • #2
    • 15th Sep 17, 2:41 PM
    • #2
    • 15th Sep 17, 2:41 PM
    My advice would be to pay the company direct and ignore the DCA.

    Their £150 "fee" is not an enforceable debt, its more of an invoice than a demand for payment.

    They are simply acting on instruction from their client, they dont own the debt, they cannot enforce the debt.

    You should find if you settle directly with the company, the debt collector may send you a couple more letters to pay their "fee" but after that it will go quiet and they will move on to the next unlucky soul.

    Debt collectors wont do due diligence unless specifically asked for evidence by you.
    Last edited by sourcrates; 15-09-2017 at 2:44 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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