How much money will a debt collection agency take me to court over?

Hannah_10

http://forums.moneysavingexpert.com/showpost.html?p=33792241&postcount=37

That's the prove it letter. Although Jes is right about fishing, so I'd say file letter 1 and only use the prove it letter if you get another.

DarkConvict

Can't agree more, if you don't even know if you owe the money, tell them to prove it or go away.

If they can't prove it, court action would fail even if they brought evidence on the day. They need to have proved without a doubt the money is owed.

jasonwyn

Hey this is all very informative and helpful!

Really appreciate it.

What do people recommend? Sending a letter asking them to prove the debt is mine?

Or shall I bin the letter - however it does say in 7 days they will get the legal department to review the account (?)

Thanks

DarkConvict

Send this letter by recorded delivery to their address - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

And wait.

jasonwyn

Thanks DarkConvict this has been done.I'll wait and see what happens.

Hannah_10

jasonwyn wrote: »

however it does say in 7 days they will get the legal department to review the account

They always have threats, it's what they do (se my signature). DCA's have very little real power- so what they do is bluff. They can't get a CCJ against you without your being given an opportunity to defend it and if you don't owe it then how is that gonna work! They know this, but you don't yet, so you get the letter and thing OMG they're gonna have me in court... quick panic, pay it pay it.... See how it works?

You will not be reciving court papers in the next post, it's not what happens. Think of them as bullies with thier hands tied behind thier backs and take every threat with a hefty dose of salt.

Also as soon as you've sent the Prove-It letter (signed for post always, and never ever sign it with a pen, only a typed "signature") then the account is officially in dispute. Disputed accounts do not get taken to court.

If you're frightened you can always get the prove it letter straight in now, if you can hold your nerve ignore and wait for letter two. If it was really just fishing and you send the prove it letter too soon then the only bad consequence is you get more letters you didn't deserve (but if you don't owe it then you still wont end up having to pay it).

If you don't send the prove it letter and can hold your nerve then you will either get another snotty letter or they will forget about it and try the next entry in the phone book called (insert your name here).

Do not underestimate nerve though. I am a coward through and through and I would find it very hard to ignore that first letter if I hadn't had the experience of DCA's over many years. They play dirty. They break every law in the book. They lie, cheat, intimidate, fabricate and defraud... And they get away with it because we're ashamed, frightened or confused.

One way or another, they have to prove the debt. Be that this week or when the next letter arives is your call.




EDIT: Just noticed you already sent the prove it letter- LOL! I do appologise for being so fast on the keyboard and not slower on the screen. The repeated misdemeanors of DCA's do ever so slightly rile.

stclair

jasonwyn wrote: »

Hey this is all very informative and helpful!

Really appreciate it.

What do people recommend? Sending a letter asking them to prove the debt is mine?

Or shall I bin the letter - however it does say in 7 days they will get the legal department to review the account (?)

Thanks

My mate has had the same letter recentley however they are worried they may be slapped with a defualt or CCJ in the last months as the debt will become statue barred by November 2010.

Do you think she should just ring up and say prove it and then if they can just offer £1.00 a month so avoid getting a default or CCJ for a debt thats only £400.00.