Help on a Past Debt

tinafey21

Hi,

I moved out of shared accommodation in 2010, and had a joint internet account with talktalk at the time. Upon my leaving my housemates took over and did not remove my name from the bill. Talk talk said this was not possible even though they had done it before. In 2012 the bills stopped being paid. I'm now being chased by a debt collection agency for 208 quid, I asked them for proof of the debt but all they could provide me with was a photocopy of a bill. I asked them to explain the bill further, and they've now told me that they cannot provide any further information. When I've contacted talk talk they have said they have no information about this debt. I'm not sure what to do here, and would really appreciate some advice on what to do next. Many thanks in advance.

sourcrates

Hi,

Unless they can provide you with something that states (you) owe X amount of money for such an such a service, in writing, then it's not a provable debt.

It is the responsibility of a debt collector to prove that the alleged debtor owes the money rather than the alleged debtor proving they don't.

Send them a letter, tell them to prove that you owe it, or to never bother you again.

If they attempt to take the matter further, or record incorrect information on your credit file, then there are things you can do to respond to that.

tinafey21

Hi Sourcrates,

Thanks for the reply! They've sent me bill, which to be honest, looks fake. But it does list monthly charges and is addressed to me (at my old address). This is the bill I've asked for clarification on, which they said they cannot provide as they have no further information. I'm sending them a message back to request them to find the information, and again stating that I'm refusing to pay. I'm not sure what else they can do, apart perhaps take me to small claims court. The internet service provider (Talk Talk) claim to have no further knowledge on the matter. If you have any further additional suggestions, I'd be keen to hear them. Thanks so much for all the help you've provided so far!

sourcrates

Send the DCA a letter stating categorically that you were not at that address for the period the bill covers, also say that the original creditor cannot provide you with evidence of liability either, and if they continue to contact you about this matter, you will be making a complaint to the financial ombudsman service regarding there conduct, for not ceasing collection activity after been told it's not your debt.

National_Debtline

Hi

You could use this template letter to threaten a complaint and add in the wording sourcrates suggests.

https://www.nationaldebtline.org/EW/sampleletters/Pages/Complaining-to-debt-collection-agencies-that-you-do-not-owe-the-debt-(sole-name).aspx

James
@natdebtline

tinafey21

Thank you both again for the prompt response. I now received a letter date the 10th of November, telling me that as a good will gesture they've reduced the debt to 145 pounds. I'm wondering if I should pay this or not. Part of me just wants it to go away, but I am wondering if this is some kind of admission of guilt by them. Any thoughts?

Justice13075

No don't pay it but send the template letter as above.

sourcrates

tinafey21 wrote: »

Thank you both again for the prompt response. I now received a letter date the 10th of November, telling me that as a good will gesture they've reduced the debt to 145 pounds. I'm wondering if I should pay this or not. Part of me just wants it to go away, but I am wondering if this is some kind of admission of guilt by them. Any thoughts?

Have you sent the letter as advised in my previous post (#4#) above ?
If not, do so today, you would be nuts to pay a debt that is not yours !!!


They will keep pestering you for payment until you tell them its not your debt, once you do that, the account will be put on hold whilst they "investigate" your claim, they will also attempt to get proof the debt is yours, if there is no proof, they should admit as such, and close there file.


You have to deal with these people in the correct way, otherwise they will walk all over you.

tinafey21

Thanks for the bolstering! I'm sending them a letter today Will keep you guys posted for next steps. Have sent them a provit letter already, but they keep asking for money without evidence.