Debt collection service pulling a fast one?

super_g

My wife had a debt of £1500 with a store card.

She paid it all off within the set time frame.

The matter was closed.

We stupidly did not request a closing balance statement.

One year later they have written to us saying that we owe them £500 in missed payments. We are adament that we would have remembered any extra purchases as the finance planning for our wedding using this store was water tight.

WE have no evidence but this is the third letter now and they are disputing that the matter has not been closed. We provided copies of bank statements showing payment dates and previous balance statements but they keep writing to us for a debt we do not even have?

Is there anything I can do?

I feel under pressure as the phone calls are adding up: "Our system indicates that you did not pay off the final balance etc."

We so did!!!

timbstoke

Send them the Prove It letter. Since you acknowledge that you've made payments towards the account, I'd adjust the letter to demand full statements of your account from start to finish so you can check these against your bank statements.

Hannah_10

Yes they are trying it on. The law is quite clear about who has to prove thier case and you may be surprised to hear it's not you. Unless they can prove you DO owe it, there is no debt as far as a court is concerned. And if there is no debt as far as a court is concerned then you can get the regulator to remove any defaul they file on your credit file either. You can also send letter which stop them calling, or viiting, and later when all is said and done, even writing. So in all, you don't have a lot to worry about. They know this too, which is why they go for the scare tactics in the way they word thier letters and why they put the pressure on to get you to phone (where they know that you can not prove what was said). Don't play thier game. Send them the prove it letter. Tell us what, if anything they send back. And do not phone them or answer security questions if they call you.

Heyman_2

timbstoke has good advice there - they need to provide you with a full breakdown of what it is they're saying you owe, for what purchases etc. They can't just keep ringing you without backing up what they're saying with some proof.

Culex

Hannah_10 wrote: »

And do not ... answer security questions if they call you.

Just recite The Jabberwocky, "Twinkle twinkle little bat", or Prostetnic Vogon Jeltz's masterpiece, "Oh Freddled Gruntbuggly":

Oh Freddled Gruntbuggly
by Prostetnic Vogon Jeltz

Oh freddled gruntbuggly, thy micturations are to me
As plurdled gabbleblotchits on a lurgid bee.
Groop, I implore thee, my foonting turlingdromes
And hooptiously drangle me with crinkly bindlewurdles,
Or I will rend thee in the gobberwarts with my blurglecrucheon.
See if I don't!

I'm sure they'll appreciate the cultural references.

Culex

Letter 1, to stop telephone calls:

Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully
Sign digitally