Help! being chased by debt collectors

badgerdogg

Hi - I'm currently being chased by two debt collection agencies for money on a loan that i believe has been paid. 5 years ago i got into serious financial difficulty with loans, credit cards and store cards. with the aid of the consumer credit counseling service i paid them all off - or so i thought. I was given a settlement figure, verbally, by EGG Money, for a loan i had with them. I then paid off that amount with the aid of the CCCS (became debt free over a year ago). I';m now being hounded by two debt collection agencies for over £4600 - I've written two both of them (Arrow Global and Fredrikson's) asking for proof of the amount I owe (i've provided them with copies of my final statement from the CCCS proving my payment record). Both are hiding behind the Data Protection Act and refusing to send out copies of statements and repayments from EGG until I send them documentary proof of every address I've lived at over the last eight years. i cant send this info because I dont keep copies of bills or bank statements that long. I've tried contacting EGG but they were taken over by Barclaycard. I spent over an hour on the phone to Barclaycard but they have no record of me on their system!
Where do i stand?

If i owe the money, I'll pay it back. But I'm not prepared to do that until i get proof of the amount owed (ie full statement history). But the debt collectors are refusing to send that info. Surely me providing them with an account number and proof I've paid off what i was told i was owed is enough?
Finally, I had PPI on the loan - can i claim that back? the lender now no longer exists and the loan is allegedly unpaid in full.

What are my options?

DCFC79

You have done your bit asking for proof of what yopu owe plus yopu sent copies of the final statements.

Not sure what else you can do.

stephane_2

Do not get in touch with the debt collection agency, do not send them anything under any circumstances. They have to prove it....not you. Also I would involve CCCS in this matter as they were managing your debt so to speak at the time.

badgerdogg

I really appreciate the replies and advice, but the thing that concerns me is this. if i dont make contact with the collection agencies again, wont they just send bailifs to my home or begin court proceedings?

Tixy

They can't send bailiffs - because bailiffs can only be instruted if they had already obtained a CCJ for the debt and you hadn't paid.

If they try to start court proceedings (unlikely) they will have to send you court papers - the fact that you have documentary evidence of having asked for proof of the debt will stop any court proceedings until that has been provided to you.

Ideally it would be best if you had sent the letter asking for proof recorded delivery.

But it won't matter because it sounds like they've written to you since then responding to your letter (so they clearly go it).

You could ignore them (until they supposedly send you any proof) or you could write to them complaining about them breaking the OFT debt collection guidelines (and list the clauses they have broken) see here UPDATED OFT Guidance on Debt Collection - READ IF YOU ARE BEING HASSLED UNFAIRLY

If you have more bother from them - probably best to post on the debt free wannabe section next time.

RobertoMoir

badgerdogg wrote: »

I really appreciate the replies and advice, but the thing that concerns me is this. if i dont make contact with the collection agencies again, wont they just send bailifs to my home or begin court proceedings?

As Tixy says, they can't send bailiffs until they have obtained a court order against you.

They can't obtain a court order against you without taking you to court and they would have to provide proof that you owe the debt at this point.

Debt collectors, which are not the same as bailiffs, can visit your house without a court order, but they have zero point sod-all powers to do anything. They have about as much right to collect debts as the local scout troop does, and have substantially less rights to invade your property than the postman.

You hold the cards here.

badgerdogg

once again, thank you everyone for the info and advice - its really helped put my mind at rest.

geoffky

TREAT it as a funny game...try to get the idiots going mad at you...when they phone and ask you questions tell them they phoned you ect ect...treat them as the dirt they are....and relax and have fun with them..