Money has been sent to debt collector but they are claiming they haven't received it

Chris_The_Ninja_Pirate

I was being pursued by a debt collector, I phoned them and they took a payment over the phone from my bank card. They said the payment was processed. My bank account shows the payment has left my account to their name. They phoned me today to say they haven't received the payment. I told them I have proof that I have sent the payment and that it has left my account but they then claimed it was contingent on me to contact my bank to find out why there is a problem with the payment and also contingent on me to phone them (on a phone line that costs money) to advise them of why they haven't received the payment. Naturally I dug my heels in and suggested, politely, that I believed it was contingent on them to find out why they hadn't RECEIVED the payment (since it has clearly been sent) and if they wanted to discuss it further they were welcome to contact me, at which point they claimed the debt is still outstanding and they could therefore send round a bailiff. Before I get bloody minded and start threatening to charge them for my time to resolve their problem can anyone advise on the legality of the situation. Given they took the payment over the phone, confirmed it had gone through and I also have the evidence that it has left my account (to theirs) is it really my responsibility to sort out why they haven't received it? I would be happy to call their bluff, refuse the bailiffs entry and go to court (and sue them for inconvenience) if right is on my side.

Sandtree

What time frame are you talking?

From you giving them your card number to them receiving the cash isnt instant. Normally its circa 3 days but in theory can be longer in some cases.

Have you actually checked the money has gone and isnt still pending? Money is ringfenced as soon as authorisation is given but doesnt go until collection has been made. In most transactions the two are done back to back but in other cases they can be days apart.

MattMattMattUK

Chris_The_Ninja_Pirate said:

I was being pursued by a debt collector, I phoned them and they took a payment over the phone from my bank card. They said the payment was processed. My bank account shows the payment has left my account to their name. They phoned me today to say they haven't received the payment. I told them I have proof that I have sent the payment and that it has left my account but they then claimed it was contingent on me to contact my bank to find out why there is a problem with the payment and also contingent on me to phone them (on a phone line that costs money) to advise them of why they haven't received the payment. Naturally I dug my heels in and suggested, politely, that I believed it was contingent on them to find out why they hadn't RECEIVED the payment (since it has clearly been sent) and if they wanted to discuss it further they were welcome to contact me, at which point they claimed the debt is still outstanding and they could therefore send round a bailiff. Before I get bloody minded and start threatening to charge them for my time to resolve their problem can anyone advise on the legality of the situation. Given they took the payment over the phone, confirmed it had gone through and I also have the evidence that it has left my account (to theirs) is it really my responsibility to sort out why they haven't received it?

As you are the party making the payment you need to first confirm with your bank that they have not held the payment for any particular reason, the onus is on you to do that. Also note that the money has not been "sent" anywhere, you paid on a debit card, that involves a request for transfer of funds, which is then approved by the bank, but can also be held up or suspended for various (usually anti-fraud) reasons, money can also be authorised, appear as pending, but the final transaction might not complete. It is also in your interest to get the matter resolved, so a short call to your bank would not be regarded as unreasonable.

You can get "bloody minded" if you want, but all that will likely do is cause you more inconvenience and potentially cost you money as if you do not contact your bank and their is a delay due to fraud-checks etc. then you could be charged late payment fees etc. You also can not charge them for your time and they will be aware that anyone claiming that will just be ranting with no legal threat, by doing so you will discredit yourself.

It is your responsibility to make sure your bank has not frozen/suspended the transaction, you can then inform them of what the bank say if the transaction has gone through correctly then they will be able to establish if it is a delay in their payment gateway.

Chris_The_Ninja_Pirate said:

I would be happy to call their bluff, refuse the bailiffs entry and go to court (and sue them for inconvenience) if right is on my side.

There is no "bluff" to call, depending on what kid of bailiffs they use your options will be limited (eg. debt collectors, what many call bailiffs, or HCEOs who have a lot of power). If you go to court it will be inconvenient and potentially costly, the judge will take a dim view of you refusing to make a quick phone call and you are not able to sue for inconvenience. 

Make the phone call to your bank, establish if the delay is on your/your bank's side, or if it is in the debt collection agency's payment gateway. 

Chris_The_Ninja_Pirate

Thanks for the (very prompt!) input, both!

So if I establish that the payment is being processed by my bank can I leave it there - it becomes their problem?

I am not terribly minded to be helpful given the genesis of the debt.

Sandtree

Generally from a legal perspective its your issue until they get the payment, though you may have a counter claim against your bank if they mess up etc.

If your bank is still "processing" it then the money hasnt gone to them yet and the debt is still outstanding. It would be worth checking with your bank what the hold up is if its more than a day or two since payment was made.

Penguin_

When did you make the payment?

Chris_The_Ninja_Pirate

Thanks for continued comments. Just phoned bank. Payment made on Monday, processed on Tuesday and they have given me my banks payment reference. As far as my bank is concerned the payment is complete. Is this now the debt collectors problem? Not really sure what more I can do (and certainly am willing to do).

Penguin_

Ah it will arrive with them either in todays banking or tomorrows.

Robbo66

if you paid via debit card this can take 3 - 5 working days for them to see it in their account. 

MattMattMattUK

Chris_The_Ninja_Pirate said:

Thanks for continued comments. Just phoned bank. Payment made on Monday, processed on Tuesday and they have given me my banks payment reference. As far as my bank is concerned the payment is complete. Is this now the debt collectors problem? Not really sure what more I can do (and certainly am willing to do).

Now you can go back to them and confirm that your bank has processed the payment and give them the payment reference, they should be able to speak to their payment provider/gateway and confirm where the money is.

On my work system I can see payments as soon as they are entered by the customer, however they often show as pending until the end of the business day, the money then clears into the business bank account three working days after the transaction, but it is always visible up until that point, however some systems to not give that visibility (especially if they are using a terminal) and for some the time between transaction and receipt of funds is longer or shorter.

They key thing is that now, going back with that information, you have put the ball in their court, you can confirm and you have a reference from your bank to show that the payment has been processed and cleared by them, the issue should largely resolve itself now, the only thing to do is to keep an eye out in your bank account just in case the transaction ends up being returned and if it does contact the DCA straight away.

The only other thing, is the payment a final/only payment, or are there ongoing payments to be made and does the transaction show the correct name on the transaction eg. DCA Ltd, not John Smith?

Chris_The_Ninja_Pirate

As ever I am indebted to the hive mind that is the MSE forum, and to everyone who has responded.
It was a final payment, and the transaction shows the name of the company.
Just a final question - should it be contingent on me to contact the debt collector, or contingent on them to contact me. They stonewalled me on them contacting me and insisted I would have to contact them (despite the fact they have no email address and their phone line costs money).