Duplicate Debt

kot

Hi There

We have recently had a letter from a company called Equidebt Ltd requesting payment on a £500.00 debt with a company called Aktiv Kapital UK Limited. The thing is my wife had an agreement with a company called Scotcall for an almost identical amount with the same company which we settled in full last year.

I contacted Equidebt reference this debt and explained the situation for which they asked to see proof of the settlement, I scanned the document and sent with an attachment email. I heard no more.. then out of the blue a phone call asking for a payment, I explained about the email which they said they had recieved and was told 'its not the same debt'. To which I asked to see some official paperwork from Aktiv Kapitol reference the debt. We were told it would be sent out.... nothing... Once again another phonecall asking for payment, I explained the situation only to be told that they were in no position to contact AK with reference to this and that it was down to me to contact them as they are only the collecting agent. The conversation became so full of erm's and stutters that I am am now suspicious this debt even exists with AK. I am starting to get the impression that they want payment and are not interested in wether its a duplicate debt or not. When I asked what would happen if I made payments only for it to turn out to be a duplicate, I was told I would have to contact AK for a refund, then further into the conversation they told me they would refund me and to be perfectly honest I felt the guy was full of hot air as he asked me to hold on several times whilst he obviously asked advise on how to deal with me.

Now if this debt is new I have told them I will be more than willing to make settlement BUT i have requested some official documentation from the creditor and not Equidebt.

Anyone know where I might stand on this? I have provided to them all the paperwork requested but they refuse to provide me with any sort of proof other than there letter.

Any advise would be most appreciated as they are becoming most insistant on further action about to commence.

Thank You

Tixy

Don't bother trying to speak to them on the phone. And don't send them any more paperwork etc.

If you receive a letter chasing a debt without providing details of the debt then they all you need to reply with is the prove it letter - template here - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2
send that recorded delivery and ignore them until they send you details and proof of the debt they are chasing.

Always send that letter to the company chasing you for money, not who they say owns the debt and not the original creditor.
If they don't send any proof then they certainly won't be able to take you to court.

kot

Many thanks for the letter template. Have filled out and sent off today so hopefully that will see an end to the constant pestering.

Thank You

kot

Well letter was sent off, but yesterday recieved a phone call once again demanding money, I explained briefly the situation etc told them correspondence was on its way. The caller then basically told me that the supporting documents that I had sent ref: debt settled. were irrelevant because they had 2 different reference numbers... when I pointed out that the debt in question was approx 10 years old and had been collected by another company so obviously the references would be different, I was told this had no relevance what so ever to there demand. They have now told me they have been in touch with the creditor (something which in the previous phone call that said they could not do) and that it it is a new debt. I know that it is not... so I have asked to see proof from the creditor of the 2 seperate debts, am i within my rights to request proof not from the collection agency but from the creditor?? Thanks

kot

Well after my last post the letter template regarding the debt has been sent off and totally ignored... this morning a letter was sent to me informing mew that I am being taken to court and they are sending field reps around... I have coinsistently requested proof of this debt from the creditor to prove its not a duplicate and they cannot and will not provide it...

I really dont know what to do now ?????

BlushingRose

The debt is over 10 years old?
Surely this would be statute barred if it hadn't been collected on before now anyway, or am I missing something. (I probably am, I'm quite new to all this)

Tixy

Template to stop field reps visiting is here http://forums.moneysavingexpert.com/showpost.php?p=23635529&postcount=60

I'd probably send a hybrid of the prove it letter from the link in post 2 and the don't visit letter. And change it to something along the lines of 'you have threatend me with legal action in relation to this alleged debt. You have still not provided me with any evidence as to my liability for the debt in question as requested in my letter of x date'. I consider your continued threats of legal action to be harrassment.

If they still continue to chase then I would report them to the OFT.

(obviously if it does turn out to be a different debt to the one you settled and they can prove it exists then consider if it might be statute barred before you reply to them or pay anything).

Andy2011

Just ignore them, lots of these people buy bads debt from others for as little as a £1, and it wouldn't surprise me if they had re-sold the debt twice. Just ignore them, if they have a case, it will go to court, and you can argue about it there (they won't want to take small amounts to court as it's not worth it). But don't pay them anything until you have too. Easy