Debt Collection Agency help please

StretchedElf

Recently had a letter from a debt collection agency asking for repayment of an outstanding debt. We rang them and once we had confirmed as best we could that the debt was correct (it dates back a few years to before me and my partner lived together and we thought up to now that we had cleared all our debts) we agreed to make repayments.

We weren't comfortable with the amount they initially asked for so the adviser did a financial assessment and asked us for £5.60 per week. We agreed to this and I told him I would set up a standing order immediately via internet banking. He said this was not satisfactory and instead asked for our card details, assuring us that they would only take the agreed amount per week and that the call was being recorded for our security. Well I'm quite the cynic and wasn't happy with giving my card details out so I told him we would pay by standing order.

The call ended by him advising us that if we did not pay by card he would refer us to the litigation team and we would be pursued through the courts, even if they do receive the agreed £5.60 per week via standing order. Can they do this? Is it likely? Or was he trying to pull a fast one and recover the money in a lump sum?

poorandindenial

Hi there

They can't insist that yu pay by card and you are right to be cautious, once they have your card details they can take cash irrespective of whether you have the funds to cover it. Don't assume that because the 'debt' they are chasin refers to some contracvt that you had in the past that the debt is real or valid. Do you have any paperwork from the time of the contract? How long ago are we talking since last contact about this debt? What sort of debt?

You maybe should post this over on the Debt Free Wannabee section, lots of people with lots of experience of DCAs there, they don't always employ fair tactics or chase real debts.

McKneff

Yes, your right, he,s pulling a fast one. And he thinks youre stupid.
(The recorded telephone call is for your safety also and the threat of court on tape would go against them in a court) so dont worry

If you have not paid any money off this debt yet, can you remember the last time that you did.

If its over 6 years it is statute barred and so they should not actually be chasing it. (whether you have stuffed up by admitting on the phone that you owe it, I'm not sure) but someone will be along to verify this.

He's talking rubbish, they cant take you to court for a debt that you have agreed to pay in installments and indeed are paying.

Dont do anything until the experts come along. But one tip i woll give you is not to speak to them and do everything in writing.

StretchedElf

Thanks for the replies.

I don't think we could cope with the hassle of challenging the validity of it to be honest, even though we aren't 100% about it. It does seem to come from a period during which my partner accrued some debt. I may do a little research if I can dig up some old records, see if there's a record of paying this amount to someone sometime in the past. I was more concerned about it going to court even though we've agreed to pay!

I won't do anything immediately just in case an expert has some pertinent advice but I'm quite prepared to pay the £5.60 a week by standing order, as long as it's safe to do so.

McKneff

Its really not much of a challenge, all you have to do is use a template from this site asking them to 'prove it'
If they cant send you proof, then they cannot enforce it but i applaud your honesty.

Can you remember at all when the debt is from or when something was last paid on it.

StretchedElf

McKneff wrote: »

Can you remember at all when the debt is from or when something was last paid on it.

It's from 2005. The "client" is United Utilities and relates to "unpaid water service charges" supplied to her old address so it must have been unpaid water bill/installments that she did not settle upon moving out.

As far as we can tell we haven't made any payments towards this at all as we didn't know it existed until a couple of days ago, the reason being that we settled all the debts for which she had paperwork and/or showed up on her credit report when we moved in together so this one must have slipped under the radar somehow (presuming, of course, that it is valid).

How do I access the template if we do consider challenging its validity?

RobertoMoir

Assuming you're happy that you owe the debt
*Write* to them offering payment at the rate you like, via standing order. *Require* any response from them to be in writing.

In the unlikely event you get taken to court because they want to pay by a different method you then produce your proof that you offered to pay the agreed amount and got turned down and then enjoy the lols as the judge chews their !!! off. Then if the judge makes an order for you to pay, offer to pay the same amount again via the court. Or possibly a little less, just for the comedy value.

McKneff

Was that chew their 'ears' off by any chance Robert :rotfl:

Good post, by the way.

Good luck OP - dont let them bully you.



And I'm sure the threat to take you to court if you dont pay by card is illegal anyway.