Debt collection letter re: TalkTalk final bill that is still being disputed

declanmcc

We recently left TalkTalk to go to Sky. The whole cancellation process was handled very poorly by TalkTalk. As a result we were left with a final bill which was incorrect and which we are subsequently disputing.

This morning we received a Debt Collection letter demanding payment of our final TalkTalk bill. It isn't a large amount of money - but the final bill is incorrect and we have an ongoing email chain to prove that this is still in dispute.

As such are TalkTalk within their rights to go to a Debt Collection Agency like this when we have been in constant contact with them?

This move has added £20 to the bill total and almost likely means that my wife's credit file now has a default on it.

Any advice as to how to proceed would be much appreciated.

We are fed up dealing with their Indian call centre and with individuals who have a basic grasp on the English language - that's why we have gone down the email route!

Mark_In_Hampshire

Been there, done that.
Send this.
--

Your name/address
To: Debt Collection Agency
cc: Talk Talk

Your reference: Refnumber
I write with regard to your letter dated XXX and received today YYY which concerns an alleged debt to COMPANY NAME.
I do not acknowledge the alleged debt exists, and that the matter has been raised with COMPANY NAME.
In the event that COMPANY NAME does manage to calculate a correct final invoice and if it can be demonstrated that we owe an amount that will be paid.
Prior experience with COMPANY NAME would suggest that this will take a very long time to resolve assuming that COMPANY NAME responds at all. However and in any event, they have up to three months to issue a response before the matter is then passed to the regulator which may then take more time.
I refute any suggestion that I owe any debt to COMPANY NAME until the matter is concluded with COMPANY NAME and am amount owing, in either direction, is agreed.
I will not, therefore, entertain the idea of making any payment at this time.
Any further correspondence chasing this amount before a satisfactory response has been received from COMPANY NAME and an amount is agreed – which may be owed in either direction - will be considered to be harassment.
You may therefore wish to return this matter to your Client.


Best Regards,
YOUR NAME

declanmcc

I sent on the letter from the template which Mark kindly provided.

After failing to come to an agreement with TalkTalk, we've paid what THEY consider to be the final invoice just to get them off our backs. After 7 years as a customer with little to no issues, this has left a very sour taste in my mouth which in turn I'll be using to spit venom at TalkTalk and bad-mouthing them at every given opportunity, whether on online forums or amongst friends and colleagues.

However the debt collectors still want their £20!! They were warned that any further correspondance would be considered as harassment. Oh what to do?!

Heinz

Alleged offences contrary to the provisions of The Protection from Harassment Act 1997 are dealt with by the police - they are criminal, not civil, offences.

Write back with a 'cease and desist' letter with a final warning that the matter will be reported to the police if any further correspondence/communication is received.

If that does not work, report them to the police. They have a duty to investigate.

Buzby

Unfortunately, the police have got better things to do than hold hands of people who get nervous with a letter from a DCA. Simply treat it with the contempt it deserved, and not be shy about advising them that the A/c is disputed, and if at any later stage you find you are being unjustly 'harassed' by them, you will fully protect your interests which will include (but not be limited to) full recovery of your costs for the time and effort in ensuring your good name is not affected by the incompetence of their client, or indeed themselves. Keep copies.

For good measure, I usually add I only deal with the organ grinder and not the monkey, so any further communications will be ignored. If their client has an issue, they should get in touch ASAP.

As harassment is a criminal matter, it is not for the consumer to be the arbiter of this, the police will need to be convinced, then the CPS (or PF in Scotland). This rarely happens, so bleating about calling in the police will do nothing. Showing that you are simply calling their bluff works far better, as they'll know you simply won't be rattled by their tactics.