My First Post - Any advice please?

ajkelly

I have had a phone call from a debt collection agency sayin that they have bought a debt from HSBC fo £328? I haven't banked with HSBC for 10 years or more? They were Midland the last time I banked with them? I asked them to provide proof of this and they told me it is my responsiblity to prove I don't owe them? It could well be that I do owe from a student card from 10+ years ago?

What are my rights regarding this? They have threatened to send a debt enforcer out much to my ammusement?

They have said that my last action with this was in 2007 which is a load of rubbish?

I could pay this and was tempted but the way I was spoke to just wound me up so I wanted to investigate a little further.

Any advise would be much appreciated.

staffie1

I don't think the burden of proof lies with you, but with them. However someone else on here will be able to advise with certainty soon I'm sure.

McKneff

the burden of proof is on them

If its from a debt over 6 years ago it is statute barred anyway. As long as you have not paid or acknowledged the debt in the last 6 years you do not have to pay it.

They are trying it on - tell them to do one.

ajkelly

I kind of did and I get warned that it was getting recorded and that I was being unreasonable.

It worries me how many people probably do get scared by these tactics!

McKneff

lots of people get scared but please dont.

if they ring again tell them its being recorded at your end also.

It they think you owe it tell them to prove it and also ask them not to ring you and to conduct all future matters in writing

BeautyandtheBeast_3

i love it when they record you conversations - it can be proved to show how incompetant they are. dont ever get intimidated by that tactic. xx

RAS

ajkelly wrote: »

I kind of did and I get warned that it was getting recorded and that I was being unreasonable.

It worries me how many people probably do get scared by these tactics!

Hi

Which bunch of muppets is this?

You need to report them to the OFT pronto.

Send the statute barred letter and if they ever ring again tell them the conversation is being recorded as evidence for a complaint to the OFT. They will ring off.

ajkelly

I didn't clearly hearwho they were and I haven't had any letters but I thought they said Buchanlow or something. They wouldn't repeat anything? The kids had the tv on and I think I'd asked too many times if they would repeat themselves. Think I was testing their patience?? Oh dear.

RAS

Buchanan Clarke and Wells.

Well known on here and not the best at complying witb the OFT Guidelines for Debt Collection.

ajkelly

Thats the ones!

ajkelly

If anyone does happen to come knocking at my door surely they can't do anything without any proof can they?