Don't know what to do????

EmptyPockets

Morning, I'm really hoping someone can offer me some advice as I'm getting very upset at the moment.

Ok. I'll try and give the basic facts!

Back in September 2008, we decided to switch from AOL Broadband to a different supplier. We'd been with AOL for more than 2 years.

On September 6th 2008 I followed the steps instructed by AOL to cancel my membership and close my account (I had to email them with my bank details used for payments, my screenname, etc etc, and state that I wished to cancel account EFFECTIVE IMMEDIATELY.)

Following this, the next day, I received an email from AOL telling me that, as I was paid in full until the end of September, I could cancel at the end of the month if I wanted to. I declined, by email reply, stating that as my new supplier started on the 6th, I wished to cancel immediately.

I received email confirmation. All emails, I saved. (You can still use your email address for free if you cancel).

The following month I got an email from AOL advising my monthly DD had been declined (of course it had, I'd cancelled it!)

I rang AOL and spoke to an 'advisor', explaining that I had cancelled my account on the 6th of the previous month, so why were they still trying to bill me? They said they had no record of me cancelling my account but said they would close the account for me there and then. I asked her to confirm that my account was closed and that I owed NO money - she confirmed this.

Now, I have received three letters in the post, from a debt collection agency, asking me for money for the AOL account! The letters are very rude and intimidating and I'm very upset, especially with the latest one. I will post below exactly what the latest letter says... but I have tried logging into my AOL email account to retrieve the confirmation emails of cancellation... and they have vanished

I know that sounds very convenient but I have no reason to lie, and I'm not. It's only £36.42 so i wouldn't bother trying to pull a fast one for that amount if I actually owed the money!!

I don't know what to do for the best, The last thing I want is collectors on my doorstep, but why should I pay this if I don't believe I owe it?

EmptyPockets

The most recent letter is as follows:

Roxburghe Debt Collectors
Re: AOL BROADBAND
Account Number: ...
Total Amount Due: £36.42

Your file is being reviewed to decide the best course of action to take, which may be either court action or a personal visit by one of my field officers.

In addition, I am obliged to inform you that you are now on a 72 hour notice, and therefore you will only have yourself to blame if you fail to deal with this matter prior to the expiry of this time.

The way you have treated this account is totally unacceptable and non-compliance after legal proceedings have commenced may require you to attend court to answer questions about your lifestyle.

Without any doubt whatsoever we can prove to the court that we have made every effort to resolve this unpaid debt and I strongly suggest you contact me without further delay.

Please note that in the absence of payment or any valid dispute we will pursue this matter - with or without your cooperation.

Yours sincerely,

Peter Butcher
Head of Fraud & Investigations.
Roxburghe (UK) Limited

... Can anyone see why this is so upsetting? I'm in tears reading this again, I don't know what to do.

10past6

Send them the following letter, the onus is on THEM to prove you're liable for the debt:

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.

Yours faithfully

10past6

Sorry, just noticed this:

EmptyPockets wrote: »

I am obliged to inform you that you are now on a 72 hour notice, and therefore you will only have yourself to blame if you fail to deal with this matter prior to the expiry of this time.

Also include the following letter, you might like to include: YOU'RE OBLIGED TO INFORM THEM:

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

EmptyPockets

Thank you so much for your helpful reply - I will sit and do this right now. I will send the above both by email AND by post.

Thank you!

10past6

EmptyPockets wrote: »

I will send the above both by email AND by post.

I suggest you DON'T send via email, one never knows where it'll end up, send by recorded delivery only.

tattycath

and do NOT sign the letters-some companies have been known to fraudulently use signatures to make believe that you have an agreement with them

tattycath

My OH has just told me that with AOL there is a way of going back through your e-mail history and still viewing e-mails that have been deleted-as it will be stored on your computer hard drive.
If you are using the same computer that you used to download the e.mails received and sent- When you go on to AOL you go into either deleted e-mails or history (he's not sure which) and it will show all e-mails received and sent from and to aol that you have ever done on that computer-as they are stored on that computers hard drive=. If and when you find the relevant e.mail (s) print it (them) off!!
I hope this works-good luck

EmptyPockets

In these letters, should I mention anywhere that I cancelled my membership and was informed I was owed no more money, or not?

EmptyPockets

10past6 wrote: »

I suggest you DON'T send via email, one never knows where it'll end up, send by recorded delivery only.

Ok... thanks

EmptyPockets

The address they give is a Po BOX address... can I still send via recorded delivery to a PO BOX address..?