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Help - I'm being conned!

Hi
I am completely at a loss, so would appreciate any help anyone can give. Whilst as a student I ran up quite a bit of debt, but fortunately when I graduated I landed a good job and spent the first year paying off all my debts. I can remember the immense satisfaction at doing this. I decided to pay the debts off one by one concentrating first on those with the highest interest. At the time I had two Barclaycards – so decided to get rid of those first. (This debt had been passed to a debt collection company called Mercers) I then paid of various other loans. When I had repaid everything I got rid of all of the paper work during a big spring clean. I usually keep everything!
Skip forward 4 years – I suddenly, out of the blue, receive a letter from a debt collection company (Cabot financial) telling me that the debt had been passed to them. I have spent the last 6 months trying to get proof that I paid the debt back. However this has all been in vain – and the only way I could stop the interest accruing was to sort out a payment plan (which I have now done). This has absolutely gutted me because I know that I do not owe the £1100 they say I do – but I can’t prove it.
Can anyone help????
Guy

Comments

  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    Can they prove you DO owe it? (signed credit agreement)
    Have you applied for 6 years bank statements?
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Donedoingdebt
    Donedoingdebt Posts: 1,196 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Firstly, (This isn't a telling off!) you should always keep any documents for at least 6 years after completion.
    Secondly, can Cabot Financial tell you exactly who the debt was originally with & can they provide you with a copy of the original signed credit agreement?
    Donedoingdebt Lightbulb moment January 2000. Debt at highest approx £102,000. Debt now (October 2009 - absolutely fork all!!!):beer:
    CSA case closed on 02/09/10 :beer::beer:
  • Dr.Shoe_2
    Dr.Shoe_2 Posts: 1,028 Forumite
    They're just trying it on. If the debt has been passed to them then they shouldn't be charging you interest.


    They need to prove that you owe them money, it is not up to you to prove that you do not. The original lender should be able to provide you with any information you need.
    [strike]-£20,000[/strike] 0!
  • Dr.Shoe wrote:
    They're just trying it on. If the debt has been passed to them then they shouldn't be charging you interest.

    Why not ? Both while the account is with the lender or with a debt purchaser they are still entitled to claim interest on the balance.

    I would definately get proof of the debt though - it may even turn out to be one that had been forgotten or not cleared correctly, happens frequently.
  • Why not ? Both while the account is with the lender or with a debt purchaser they are still entitled to claim interest on the balance.
    But ONLY at the same rate as would of been applicable to the original agreement, many DCA’s can and will try to charge more than this rate.

    Nonetheless as TR and others have said in this case the onus is upon the DCA to prove the debt is owed, not for you to disprove it.
    :rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:
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