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

Merlinexcalibur

Thanks. Thought about phoning them. Luckily they are freephone.

CrashUK

Merlinexcalibur wrote: »

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?

If they dont call at your home they just put they letters in the bin and for get about it.

if they do say they going to come to your home then you can do some thing about it. you can send them a letter saying your removeing they right to come on your land and if they do so they are trespassing. If they do call at your home after you have removed they right to come on your land. Then you can call the police have them a arrested for trespassing. With out the letter they can enter the land you own just like door to door sales man can.

Also debt collection agency can dont make your pay any thing all they can do is send you letter and call at your home.. you can remove they right to call at your home. they have no power.

WhistleBlower

CrashUK wrote: »

If they dont call at your home they just put they letters in the bin and for get about it.

if they do say they going to come to your home then you can do some thing about it. you can send them a letter saying your removeing they right to come on your land and if they do so they are trespassing. If they do call at your home after you have removed they right to come on your land. Then you can call the police have them a arrested for trespassing. With out the letter they can enter the land you own just like door to door sales man can.

Also debt collection agency can dont make your pay any thing all they can do is send you letter and call at your home.. you can remove they right to call at your home. they have no power.

I'm afraid this is incorrect. If the debt is still with the original company the agents won't do much to be fair, what they do then is send the stuff back to the company and the power supplier takes you to court.

If however the account is closed and the power company has now sold on the debt, the debt collectors do indeed have power, they can get baliffs to call at your house or take you to court, the first of which results in loss of posessions, the second of which will badly impact your credit score and possibly get a ccj against your name, if the debt has been sold on it's also accumulating fees and is probably already impacting your credit so beware.

nos4R2

WhistleBlower wrote: »

the debt collectors do indeed have power, they can get baliffs to call at your house or take you to court, the first of which results in loss of posessions, the second of which will badly impact your credit score and possibly get a ccj against your name, if the debt has been sold on it's also accumulating fees and is probably already impacting your credit so beware.

that is not quite correct either, debt collectors have no more power than the man in the street; they cannot get baliffs to call at your house unless they have already taken you to court, where the ccj come first. if you fail to make the payments ordered by the ccj, then yes a baliff can be instructed, but the court will not order you to pay more than you can afford (unless you ignore them). And if you later becomne worse off the court can reduce your payments on application.

Premier_2

nos4R2 wrote: »

... but the court will not order you to pay more than you can afford (unless you ignore them). And if you later becomne worse off the court can reduce your payments on application.

Yeah, just like this lady who has trousered over £70k

http://www.dailymail.co.uk/news/article-1155942/Dole-cheat-single-mother-given-100-years-pay-70-000-stolen-benefits.html

She'll need to live to 144 before she has paid back the amount taken. What's more she is paying it back out of benefits law abiding tax payers are providing her with.

Where do I apply? :mad: