Advice needed - Proof of cheque payment - why should I pay the charge

stan77

If I have paid a bill by cheque (Virgin Media) and they have cashed it but are still chasing me for the amount (via a Debt Collection Agency) is the onus on me to provide a copy of the cashed cheque from my bank to prove payment.

The bank charges £10 for a copy cheque. The Debt Collection Agency (nor Virgin Media) will refund me this fee if it is proved they have in fact cashed the cheque. The collection agency say they will take action against me if I don't provide it.

I don't want to risk a bad credit rating for the sake of a tenner but seems a bit unfair to me. Any advice much appreciated. Thanks.

Freddie_Snowbits

Try the debt board for a better response.

RadoJo

I would have thought it was down to them to prove that you do owe the money, rather than you proving you don't. Do you have a bank statement showing the amount that the cheque was for?

forgotmyname

Tell them to take action as you have proof its been paid.

dori2o

forgotmyname wrote: »

Tell them to take action as you have proof its been paid.

Exactly.

They'll look pretty stupid if they took it to the county court.

I don't know about Virgin Media, but at most places they can trace a payment if you provide them with the sort code, account number and cheque number, along with the date you sent the payment and date the monies left your account.

cyberbob

Show them a copy of your bank statement showing it;s been cashed.

mountainofdebt

But the point is surely that if the debt collectors took the OP to court she would have to provide a copy of the cashed cheque as her defence, so would cost her £10.....which is no different than providing that proof before having the hassle of going to court

stan77

Thanks for all your comments. I did write to Virgin Media with a copy of my bank statement etc with all the details so they could trace the payment, also offered to get a copy of the cheque if they would reimburse the fee in the event it proved they had indeed cashed it. The response was a curt letter from the Debt Collection Agency saying I must provide the proof regardless. I don't even think Virgin bothered to try and trace the payment.

Vomityspice

You don't need to prove it! It they believe you owe the money then let them prove it.

Simply tell them to check their files and go away or alternatively let them take you to court and then simply counter claim your costs.

Let them waste their filing fees and then simply file your defence of 'I've paid already and can prove it'. Don't be surprised that they then withdraw the claim. It might be a good lesson for them to try and discuss any problem before resorting to litigation.