Debt - that isn't owed!

miss.average

Hope this is the right place! and sorry in advance if too long.
My husband used to run a home delivery service - by this I mean he went out daily in his van and delivered fruit, veg, milk, bread, etc general household things, He'd been doing this for 12 years. We live in a very rural part of the country, and as diesel got more and more expensive he eventually had to give it up. Each week he received an invoice and at then end of the month he used to pay 4 or 5 weeks depending. This was the system for the whole of the time. When he gave up March 2010 , he received a statement saying he was owing £1800.00. There is no way he owes this money - He wrote to them in March 2010 and asked for a full breakdown - and again in May 2010 and Jan 2011 which they've yet to do. they said in May 2010 it's up to us to prove we don't owe -HOW?? All they've sent is a statement saying part payment for the final 3 months?? Heard nothing for over a year and today they send a statement asking if payment is an oversight and want the money in 7 days?
Any help advice gratefully received - ( the really worried wife!)

RobertoMoir

Well I think its reasonable to expect them to provide breakdowns of what they're asking for, so I'd continue pursuing that.

At the same time, as a businessman (I assume this was a self-employed kinda deal), your OH should have his own sets of accounts, so its equally reasonable for him to dig through the final set of invoices from them, and set those against payments he's made to find any potential gaps or errors on the part of either party. Perhaps he's already done this, in which case has he sent the results of this exercise to them?

miss.average

Firstly - thanks very much for getting back to me!
every week an invoice ( running invoice numbers) would arrive with a tear off payment strip at the bottom. At the end of each month the tear off strips were added together and attached to a payment cheque.
We've checked and checked and can't see anything like these amounts - in fact we've realised that the company had not been allocating credits for returns for some months - but that's his own fault!

I spoke to a representative early last year who said that they couldn't work out the figures, that we weren't her only customer and it's up to us to prove we don't owe. We have kept every single bit of paper over the 12 years .
No we haven't sent it a copy of cheque numbers against invoices, I guess that's what we should.
I'm trying so hard to keep the panic away as they've said unless payment made in 7 days the debt will go to a debt collection agency. If we owe ( and I know we don't!) then if they can show how, then we will pay - and I've written and told them that last year!
Thanks again

RobertoMoir

I'd write to them and repeat the request for a breakdown. And then only deal with them in writing afterwards. If they can't show what you owe and you can't find any obvious faults in your numbers you're perfectly entitled to stand your ground and query it I think. They'll look real smart if they repeat that statement in a letter then try and go to court to collect the debt,.

Point out to them that if it were to go to court, they would indeed be required to demonstrate that you owe the money. It's not like you're disputing that a business relationship existed in the first place, you're querying the details of a bill.

Debt collectors have zero powers to do anything except make vague threats, so I wouldn't worry too much about that.

miss.average

hi
I have written to them three times in the past 18 months, requesting the info. and that they only contact us in writing. I also wrote at the back end of last year saying that unless they give this information within 3 months we would consider the matter closed. ( I worry about money things and tried to get things moving!)
Not once have they answered or acknowledged my letters. This mornings letter says they've been trying to contact us - we've had no letters ( or indeed answerphone messages). So I'll write to them again asking for the details and hopefully we'll get something back -if there is anything? or wait for the court letter/ debt collector . Arghhh!!!
I can' t thank you enough for your help
regards

Angry_Bear

Make sure you post recorded delivery so you can prove you wrote to them

miss.average

Thanks - will do.
This is where payment was sent every month for 12 years, never once a problem!!
regards

McKneff

With the tear off slips and the cheque attached, did you not keep the sam invoice parts clipped together with date and cheque amount, so that when the cheque was cashed yo knew what invoices it was paying.

vax2002

Write a letter DEMANDING NOT ASKING that the amount they claim to be owed in the bill is TAXED use that word TAXED, explain that this means they show you how the amount is made up and from what charges.
Now the Good news, the LAW says, they have to PROVE the money is owed and no court in this land will grant them an order when they have failed to issue a taxed account of how they claim you owe it.
Write once, ignore anything else and if they try court come back for a defence with a counter claim for harassment for £15,000 in your favour.

miss.average

yes - that's exactly what we did. But they have sent a statement with the last 3 months amount saying part payment month 3 ( we paid all it all) no payment month 2 ( we paid it all) month 1 the same. When that statement arrived we immediately questioned it and was told that they weren't allocating our payments to the invoices we were paying??? and that they hadn't been for a long time and this was money owing from over the past years?
We've paid every invoice that we've got - and tallies to every order we made.
Sorry so long winded - hate all this and like I've said gone into panic mode. Feel quite frightened - but defiant because I know we don't owe.

McKneff

Looks like they have allocated wrongly in thier accounts when they have received your cheque.

Dont worry about it too much, if you know they have all been paid, they cant prove otherwise.

Just take it calmly and work through it.

Check first that all your checks have gone out of your bank.