advice about dodgy "debt" collecting

kj1

hi
I'm not sure if this is the right thread for this but I could do with some advice from fellow MSEs. A while ago I received some money as a present (I have witnesses to prove it was definately a gift) now the relative who gave this to me wants it back. I got an email from their solicitor to this effect but when I replied about it being a gift and having witnesses I didn't hear anything else until now about a year later when I have been told by the person that if I don't return it (I'm not in a position to and wouldn't have taken it if it had been a loan) they will be hiring a company who will take it back with interest and I have heard from people close to this person that this so called company is not legit at all. Basically I am wondering what to do. Is this something I should talk to the police about? I don't know of any company that would try to take back a loan without a loan agreement so these people definately sound dodgy

fluffnutter

I guess people can instruct whomever they choose to frighten you into paying a debt. However, you're perfectly entitled to simply say 'I deny this debt' at which point the debt collection agency must legally cease contacting you and return this debt to the originator. If they continue to harass you, call the police.

TBH, the usual way to try to recover a debt between individuals is to take you to the small claims court, not employ some meatheads! Quite frankly, your relative sounds a rather nasty piece of work. Admittedly I've not heard their perspective but even so, instructing debt collectors to intimidate someone you're related to into coughing up some disputed debt? Hmm, sounds charming. And quite frankly, they're choosing this as an option because they probably realise that, without proof, they won't get a court in the land to rule in their favour.

Legally speaking, you can safely ignore the debt collectors. I doubt your relative will take you to court - they'd be unlikely to win (on the strength of what you've told us here).

I feel quite sorry for you actually. What a horrible thing to have to deal with.

Tangible

Having successfully rebuffed a solicitor it is pointless for them to resort to a weaker option.

fluffnutter

I think you need to realise this is nothing more than an attempt to intimidate you, kj1. These debt collectors have no legal powers. Just remember that and ignore all this nastiness.

vax2002

just ignore them, if they try court take your witnesses along and together with a lack of contract, they wont get very far.

Rolandtheroadie

I remember someone I know getting a letter from a debt collection agency.

It asked for the supposed debt to be paid, but said not to contact the collection agency.

Turned out that for £25, the firm would send out a letter to try and encourage payment. A sort of scare tactic. Could be something similar.

kj1

Thanks to you all for your advice.
Its very reassuring. I never expected this but i will be very careful in future when accepting gifts even if from a relative.