Am I obliged to provide credit card statement to debit recovery company?

udydudy

BLT wrote: »

.................months later, would he have been so understanding with the recipients of his service if they subsequently refused to pay the outstanding balance. I somehow doubt it.

If you were provided with a service and then the tradesman disappears after part payment for 12 months and then comes back and asks for more than the remainder, would you quietly pay up????

Anyway my sypathies are not with Dell... Dell as an organisation does not have intergrity...a friend of mine found 3 top of the range computers worth a shade below £2500 delivered to one of his rental properties addressed to a person not living at the address. Fortunately he was at the address for some repairs and immediately took possesion of the computers and put them in lock and key in the garage. None of his tenants had ordered the computers so He contacted Dell to let them know that the person does not live at the address and they should collect the computers as it could be a fraudulent order.

What do they rely???? We have been paid so its not our problem!!!! you can keep the computers!!!!.. WHich would mean some poor bloke somewhere had his/her card used for purchasing computers and did not get them but Dell did not want to know about it as they were paid!!!...


Unlike Dell this poster here is honest and is wanting to pay buut wants to make sure that Dell reconcile their books. Why should he help them when they should be providing details not just asking or money and more than what he owes!!!

RobertoMoir

BLT wrote: »

The fact remains however that the OP took the items in question, was aware that he had not been charged the full amount, kept quiet hoping he had got away with it, and is now acting the victim.

The fact remains - from what the OP is saying - that Dell / their DCA "know" that the OP owes some money but do not know how much.

If they can't prove that they are owed a certain amount of money how can they possibly really prove they are indeed owed it and enforce collection?

He now claims that he cannot find a copy of his visa statement, which would be obtainable from his CC company. He does not have to give them the full statement merely highlight the entries pertinent to the purchase and then cross out the rest. If he has nothing to hide surely this is preferable to being pursued by Dell.

It's not his problem. It's Dell's. They have no right to demand bank/CC statements from anyone.

I very much agree with the "honesty is the best policy" point of view. I strongly believe in paying one's debts, but as Dell cannot prove a debt exists, how can it possibly be reasonably paid?

What if they decide the OP owes them more than he actually does? What happens then? Should the OP keep paying up until they get bored?

If they can't prove the debt exists then it isn't a debt, it's a rumour. Simple as.

If he had failed to notice an underpayment for his services until 12 months later, would he have been so understanding with the recipients of his service if they subsequently refused to pay the outstanding balance. I somehow doubt it.

Agreed, but:

1. It would be up to him to prove the underpayment existed and how much it is for.
2. This is irrelevant to the point of discussion.

ca-uk

I'm in a similar situation, though for me, i believe i paid (from memory i seem to remember the money going out) - but i cannot prove it.

A year ago my finances were in a bit of a mess - i had about 6-7 credit cards for various reasons (points, cash back, etc) and went through a culling exercise at the end of last year and slimmed down to just two - egg and amex. I also get roped into ordering laptops for a lot of family as i'm the 'computer guy' so don't always remember what i've ordered for who - i'm too busy with work to micro-manage the personal side of my life!

While it's bad, i actually shredded all the details of my other cards, i know i had one with virgin, one with abby, etc - but there are others that i just can't remember whether i had or not. I wasn't really concerned about remembering as i paid each off in full and wasn't expecting anything to come up.

I have phoned amex - no transaction to dell around the time in question

I have phoned egg - slightly grey area as the card around that time was subject to scammers in the far east somewhere, so the transaction history isn't fully available for that period (at least as far as the phone operator was concerned)

On the Dell side:

- Dell cannot tell me what card i was meant to pay with - no details at all, no digits, no bank details, nothing
- I have asked for proof of delivery and all they can provide is something typed that says my name and a date - but cannot provide my signature as apparently it's not available

On my side:

- I now pretty much believe i received the laptop in question - though i would be happier seeing my signature
- I believe i paid them for the laptop but cannot prove/disprove it without the effort of writing a lot of letters and paying to get statement copies, etc and even then i might not get a 100% true picture

It's nearly £600 so i don't really want to shell out *if* i did pay for it - if i 100% knew i didn't pay for it i would have paid straight off when asked (to be fair, if i'd known they didn't take the money then i wouldn't have told them for the 12 months as i'd have thought i'd got away with something, so feel free to cuss me for that!)

As it stands, i'm thinking of saying that if they split the difference then i'd pay it - i.e. i risk being a further £300 out of pocket, while they lose £300 for their stupidity. Does anyone reckon they'd play ball with that?

RobertoMoir

ca-uk wrote: »

As it stands, i'm thinking of saying that if they split the difference then i'd pay it - i.e. i risk being a further £300 out of pocket, while they lose £300 for their stupidity. Does anyone reckon they'd play ball with that?

I reckon that you should get legal advice as to whether an offer of £300 would be an admission of the debt, which could greatly limit your options if they wanted to press for the full amount.

ca-uk

i was assuming i'd have to use some of the famous "without prejudice" and "in full and final settlement" type terms i see floated about - i just don't want debt collectors harrassing me for 5 more years, but equally don't see why i should pay again as there is a chance i already paid once. i wonder how accurate their non-payment system is, given their saying there was a bix mixup to begin with..

redpete

hc76 wrote: »

...itstead of sorting it through with their customer they have passed it onto a debt recovery company.

Have you had no contact from Dell since the original order, and the first you have heard since is from the debt recovery company?

RobertoMoir

You see, this is what I'm talking about when I say you need legal advice to go ahead with that idea.

If you offer something in full and final settlement of a debt, you are admitting liability for the debt. And writing "without prejudice" on letters, while useful at times, isn't magical legal armour that lets you write what you want without consequence no matter what.

ca-uk

I see your point - so what to do what to do? it means i'm going to have to try and figure out what cards i had with who and write all the letters off, wait for useless responses, etc. i've been a bit seek me here seek me there the last few years so also have to battle with the cards possibly being registered at any 1 of 4 addresses. Will a debt recovery agency wait patiently for all that to happen?

RobertoMoir

Well debt recovery agencies have no powers, so they'll wait for as long as you make them wait. They'll probably claim that I'm mistaken about both of the statements I've just made if you ask them, yet nothing will happen if you call their bluff.

I see nothing wrong with requiring absolute proof of a debt before paying it. If they can't provide it and you can't find it yourself despite best efforts then there is nothing wrong with just walking away from the issue at that point.

ca-uk

I guess my fear would be that of a court process - i don't know how dell could prove to me that i didn't pay - yet to a court i guess they would have to submit all their financial accounts in some way? Even then, what's to say the money didn't go into a different account? But by the time it gets to this stage i would suspect that it would be bad for me.

I'll stop being lazy and get those letters written - and they can wait while i do so..