Debt collection letter out of the blue

Blackedmagic

Hi All,

This is my first post, so please go easy and forgive me if I'm going over old ground. I did search the forum but couldn't see any answers.


I have just received a letter from a company called Meritforce relating to an alleged debt to Capital One.

I did have a credit card with them in around 2004, with a credit limit of £200. In August 2008 we consolidated our debts with a loan from a family member and paid off all our bills, credit cards and overdrafts.

The amount Meritforce are requesting is £573.55, far over what I think the original amount was.

Do I have to prove I paid this debt?

I received a letter this time last year from Horwich Farrelly Solicitors as well, and I called them about it. I advised them that this was the first letter I had received regarding the alleged debt and asked them where it came from. They said it was from Capital One and they were collecting on behalf of Robinson Way. I have never heard of these people before. I asked them why it had taken 5 years to write to me and they claimed it was becuase they didn't have my address, but the court had issued an order for the amount.

How did the court issue an order if they didn't know my address (I haven't moved since I applied for the credit card), and if the debt is valid why didn't they have my address?

I took no further action on the previous letter, and my credit report with Experian states the following.

Company name: ROBINSON WAY
Account type: Credit card / Store card
Special Instruction Indicator: Gone Away
Special Instruction Start Date: 01/07/2009
Started: 03/09/2004
Default Balance: £444
Current Balance: £573
Defaulted On: 16/06/2007
File Updated for the Period to: 19/07/2009

In summary, I do not know what to do next, I know I did have a capital one card, but I am sure it was paid. I don't have a record of that payment as we used my Mother in Laws credit card. I am also unsure whether this company is genuine, given that I have now been contacted by two different companies, plus Robinson Way apparently.

Any advise would be appreciated, sorry for the rant.

bottleofred

Hi Blackedmagic & welcome to the forum,

Robinson way are a debt collector and while I have not heard about meritforce, you could google the name to see if you get any information. It's actually up to the company to prove you owe the debt, so send the letter below and wait to see what happens. If they telephone you, tell them you only wish to be contacted by letter, don't go through the security check with them and hang up the phone. Debt collectors try to bully and harass people into paying debts by making threats and you'll notice from their letters that they normally state things like "may take you to court" etc, so send the letter recorded delivery and wait for the response. Don't sign the letter with your normal signature though, as they've been known to create proof in the past.

Good luck

Red

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Blackedmagic

Thank you very much, I will get the letter sent tomorrow and update the results when known.

What happens if I don't receive a reply, do I just leave it?

silvdo

Hi,

I cant help with much but Meritforce were the company behind my credit agreement with Ford so it might be somthing to do with a car.

bottleofred

If they don't reply, don't contact them. Send the letter recorded delivery and wait to see if they can prove you owe the debt.

mcjordi

meritforce are a debt collector. it says on one of my letters they specialise in doorstep collection..

bombblast1968

I had a similar problem with a catalogue debt. The debt was from 2006, I received a letter out of the blue in 2008 from a debt agency who said they had been asked to track me down.

I wrote to the catalogue company pointing out I had never received any statements and had unfortunately been going through divorce and house move at the time so had forgotten, although my post had been redirected for 6 months after my move and I had received nothing from them). I disagreed with the amount of the debt for 2 reasons, firstly they did not need to pay someone to track me down as my email and phone numbers had never changed, secondly some of the goods had been returned. So I calculated what I considered the debt to be, added 10% interest as a good will gesture and sent them a cheque in full and final settlement. They cashed the cheque so I assumed it was over.

18 months later I got a letter from a different debt collector stating they were collecting on behalf of the catalogue and this time the amount was the original debt minus the amount I had paid previously, so they obviously hadn't seen that as full and final settlement.

On advice from here I sent the letter as mentioned asking them to prove I owed the debt. I got no response so considered the matter to be over.

I have been having trouble getting credit recently, my credit report on Experian has always been clean so I asked the credit card company who they do credit checks with and they mentioned "callcredit" who I had never heard of. So I requested a copy of my credit report from Callcredit, and there I find default against me on a continuous basis for the last 3+years from this catalogue debt, and it's current!!

So now what do I do? What are my rights? If anybody has any helpful advice it would be greatly appreciated cos this is driving me crazy!!

Thanks

Suzi

bombblast1968

Just raising this thread in the hopes someone might have some advice on my previous post.

Gordon_Hose

Did you know for certain the cheque you wrote (+10%) covered the debt?

If it didn't that'll be your problem right there. You can't assume it'll be settled unless you have, in writing, a full and final settlement agreement from the company you owe money to. If the cheque didn't cover the full cost of the balance, that'll be where the default came from.

Only the company who issued the default can remove it, so you need to contact them to sort it out. But it's quite unusual for a creditor to remove a default.

FireWyrm

bombblast1968 wrote: »

I had a similar problem with a catalogue debt. The debt was from 2006, I received a letter out of the blue in 2008 from a debt agency who said they had been asked to track me down.

I wrote to the catalogue company pointing out I had never received any statements and had unfortunately been going through divorce and house move at the time so had forgotten, although my post had been redirected for 6 months after my move and I had received nothing from them). I disagreed with the amount of the debt for 2 reasons, firstly they did not need to pay someone to track me down as my email and phone numbers had never changed, secondly some of the goods had been returned. So I calculated what I considered the debt to be, added 10% interest as a good will gesture and sent them a cheque in full and final settlement. They cashed the cheque so I assumed it was over.

18 months later I got a letter from a different debt collector stating they were collecting on behalf of the catalogue and this time the amount was the original debt minus the amount I had paid previously, so they obviously hadn't seen that as full and final settlement.

On advice from here I sent the letter as mentioned asking them to prove I owed the debt. I got no response so considered the matter to be over.

I have been having trouble getting credit recently, my credit report on Experian has always been clean so I asked the credit card company who they do credit checks with and they mentioned "callcredit" who I had never heard of. So I requested a copy of my credit report from Callcredit, and there I find default against me on a continuous basis for the last 3+years from this catalogue debt, and it's current!!

So now what do I do? What are my rights? If anybody has any helpful advice it would be greatly appreciated cos this is driving me crazy!!

Thanks

Suzi

Ok, your first mistake was trusting the debt collector. How much is this debt anyway?

Your second mistake was not getting the F&F in writing....:cool:
This is a standard tactic I'm afraid, it catches out the unwary at least once a week on this board. You give them a F&F, they take the money and then sell on the debt and it starts all over again.

If the debt is sub-£150ish, I'd be inclined to pay it just to get rid of them, but that's your call obviously. The longer and harder route is a 'prove it' letter. You can find information in the forum stickies. You want an account reconning and ideally some sort of signed copy credit agreement showing the outstanding debt. If you do pay them off, require them to expunge your credit rating and show it as satisfied. Get this in writing, dont phone, dont sign your name and generally just walk through the procedure.

fermi

You can't just send them a cheque and tell them it is in full and final settlement.

The ONLY way you can agree a legally binding settlement is to obtain their agreement to it in writing BEFORE you send any payment.