Debt dispute and now collection agency

pepsimiddleton

Apologies if the answer to this problem is on another thread, I've read these pages for half an hour and can't find the same circumstance.

I had an advertising company visit me and ask me to place an ad on a leaflet to be placed in a friends shop. I agreed and gave them my card details. They called to say they couldn't take the payment but then I noticed some money had gone out of my account but since I hadn't seen had any other communication from them or seen an ad they had designed or had them ask me to send them my ad I cancelled my direct debit and made a mental note to try and find the sales mans card to ring and dispute the payment. Anyway I got a letter a few weeks later saying I owed them £100 so I called and explained what I have written above, she said they posted me my ad and because I didn't respond to approve they ran the ad anyway. they then sent me a copy of the ad which I wouldn't have approved as it had 2 of the same images on so I was fuming and asked why hadn't they emailed me the ad why would you post it in this day and age etc as clearly it had got lost in the post and surely common sense says you don't approve ads without speaking to the person paying for it. Anyway the manager called me a week later and said they would amend the ad on the next run and speak to accounts about the amount owed.
So that was months ago and I have since moved and to be honest I had forgotten about it and thought it had just been put to bed, I had have no work from the leaflet so wasn't bothered about it being re run and with moving it's been far from my mind anyway.

I have since received a letter from a debt collection agency (re-directed from my old address)

I haven't called them or acknowledged receipt of the letter.
Any advice would be appreciated. They are asking me to pay £150.

sourcrates

Hi,
Ignore the DCA, they are just acting on behalf of the client, and would have to refer back to them anyway.
You should deal with the original company, communicate in writing only with them, try to come to an amicable solution you are both happy with.

Looks like errors on both sides, so try to agree a compromise with them.

pepsimiddleton

sourcrates wrote: »

Hi,
Ignore the DCA, they are just acting on behalf of the client, and would have to refer back to them anyway.
You should deal with the original company, communicate in writing only with them, try to come to an amicable solution you are both happy with.

Looks like errors on both sides, so try to agree a compromise with them.

How do I know they are acting for the client and that it's not a bought debt?

sourcrates

pepsimiddleton wrote: »

How do I know they are acting for the client and that it's not a bought debt?

What does the letter say, does it refer to "our client" or does it state "we have now bought this debt" etc ?

pepsimiddleton

sourcrates wrote: »

What does the letter say, does it refer to "our client" or does it state "we have now bought this debt" etc ?

It says "This outstanding balance has been assigned to ourselves for debt recovery. Please pay the outstanding balance in full within 7 days using the details on the reverse of this letter.
Failure to do so may result in legal action being taken which will add court costs and interest to the balance"

sourcrates

So they have been assigned the account, which means they have inherited all rights and privileges also.

Ok, that dosent really change things, you simply write to the DCA informing them that a dispute exists with the original creditor, then do as I said in my previous post.

Don't worry about legal action just yet, notice the wording, it's very important, it says "may" result in legal action, I "may" win the lotto, but I doubt it.

These letters are filled with subtle threats such as this, all designed to scare you into paying up as quickly as possible !!

pepsimiddleton

If they don't know where I live, should I even bother acknowledging the debt?

sourcrates

pepsimiddleton wrote: »

If they don't know where I live, should I even bother acknowledging the debt?

The only downside to that option is they could obtain a CCJ against you by default, as any court papers would be sent to your old address.
As I said I would dispute it with the original company and attempt some kind of resouloution with them.

pepsimiddleton

Are they really likely to take me to court for £150?

sourcrates

pepsimiddleton wrote: »

Are they really likely to take me to court for £150?

No, I don't think they will, but stranger things have happened.

You could leave it alone, ignore it, usually these type of debts just get passed around various debt collectors for years on end.

Up to you really !!

pepsimiddleton

mmm I shall have a think, a lot of hassle for not much money. I wouldn't mind but I didn't get a single call from the advert! Wouldn't be so bad if I had work from it.
Thank you for your advice x