Received letter from debt collector ... how do I ask them for proof of debt?

Merlinexcalibur

Received letter today from a debt collection agency. Before I enter into any form of discussion with them I want to ascertain are they legally entitled to collect the debt? Should I ask them for a deed of assignment? Or does that only apply to things like catalogue/credit cards/loans? Just I thought they had to provide proof not just say 'we are collecting on behalf of so and so?' And, until they have done so, I don't have to contact them in anyway. Certainly won't be by phone! As it's an 0870 number! Get lost!

And I really don't want to open any form of dialogue with them until they do. I am wary of debt collecting agencies, what tricks they get up to. If only from experience and reading up on it from various consumer forums.

So, am I able to ask them for proof and, if they can't supply it, can they still continue to contact me? From a legal standpoint if they can't provide any proof, apart from an account number or company name can they demand payment from me?

Just I want to write to them and ask them the above and, if not, I refuse to communicate with them any further. As usual, they have posted the letter giving a few days to pay up. Not giving any reasonable time limit in which to do so. Typically, no postmark on the envelope so it could have been posted yesterday. As I got two letters, one dated before Christmas and the other last week. Well, I'd think they WERE TBH. As what are the chances of two of the same letter arriving at the same time, posted weeks apart?

Any pointers?

Merlinexcalibur

I should add I know what the debt is for. But it's belonging to an account that is now 5 years old. I read somewhere that if the company hasn't billed you or you haven't been a customer for that length of time, they couldn't demand payment? May have got that mixed up but I read words to that effect somewhere. Either way, before I make any contact with them I want to make sure they can legally collect this debt. As my understanding is if they can't they cannot demand payment from me.

Vestra

Merlinexcalibur wrote: »

I should add I know what the debt is for. But it's belonging to an account that is now 5 years old. I read somewhere that if the company hasn't billed you or you haven't been a customer for that length of time, they couldn't demand payment? May have got that mixed up but I read words to that effect somewhere. Either way, before I make any contact with them I want to make sure they can legally collect this debt. As my understanding is if they can't they cannot demand payment from me.

If they sent you a bill for it about 5 years ago I don't think the 12 month rule applies as that is only if the company has failed to bill you. Is it for a large amount of debt?

Magentasue

I think it becomes unenforceable if there has been no contact for six years. Googled and found this - but it's a lot of reading!

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=limitation&Year=1980&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=1355378&PageNumber=1&SortAlpha=0

Cat695

only of they haven't contacted you for 6 years (12 years for mortgages) or/and you have been made bankrupt or are on a IVA can they not collect the money

From the sounds of it at 5 years they can come after you. Have you tried to contact the company you owe the debt to?

Merlinexcalibur

For less than £150. Sorry about being vague just I know some companies/debt collecting agencies do read consumer forums.

The last bill I had from them was the final bill start of 2006 for when I moved out near the end of 2005. I agreed to pay them the most I could afford per month and they accepted it. Unfortunately, with everything accumalating last year and cost of everything I missed a couple of payments. First time as I had religiously made them monthly without fail for over 2 years. Company were unsympathetic, wanted the whole amount. It had been wrong from 03 when I first moved into the rented house. I am damn sure they tagged on a previous tennants debt to my bill because of the size of the first bill they supplied 8 months after giving them opening readings. Because I was receiving letters for that tennant about a debt they had. I got nowhere with them, though. But something wasn't right as no way I could have used that amount.

Sorry for the long post but just giving a brief, potted outline of it. Can I still ask this DCA, though, for proof? Just to delay things until I can negotiate with them. I've had help from the Consumer Credit Counselling Services before who were brilliant for example. So sort of know what to do with them eg financial statements, disposable income.

Just looking for anything I can fling at them before they start sending the really nasty letters. And then make an offer of payment I can afford.

Cardew

Firstly the 6 years is correct - so no let out there!!

There is provision NOW that if you haven't been billed for 12 months(by a gas/electricity company) you can't be 'backbilled' for any period before that - so again that is of no help.

Much as I dislike DCAs and their tactics, of course they can act for the party to whom you owe money, if that party authorises them to act on their behalf.

Magentasue

Merlinexcalibur wrote: »

So sort of know what to do with them eg financial statements, disposable income.

Just looking for anything I can fling at them before they start sending the really nasty letters. And then make an offer of payment I can afford.

Skip the flinging and go straight for the statement of affairs and an offer, preferably with a cheque or standing order mandate enclosed. Make it easy on yourself.

Merlinexcalibur

Missed out this. I did tell the utility company when I was having difficult paying why and what the reason was. I was hospitalised and was ill around the time I was supposed to pay. Recovering from it after. Well, the last thing you think about is money, debts. They seemed okay with that. Then I missed another and when I phoned, that's when they said it would be passed to a DCA and a charge would be added. I can't see from the letter, though, if they have. Because I haven't got anything to check the figure against.

Merlinexcalibur

Thanks. Mag ... and everyone for replying. I'll get a recorded delivery letter off with all that.

Magentasue

Should have added ... I would only send what you can afford (or perhaps a little less) and keep paying it while you negotiate. You may have to pay more but if your statement shows that's all you can afford and you're paying it, they're more likely to accept your suggested amount. Maybe ask CCCs for help while you wait for their reply?