Debt Collector Advice (Originally Sky)

Lee131213

  Beginning of 2022 I received letters from BW legal, acting on behalf of JC International, stating I owed £500 from a Sky subscription.

   I disputed the claim with them and was told I had to prove I didn't owe the amount. I asked them what the amount was for they told me it was made up from outstanding premiums and the equipment. They stated that my subscription started in 2019. I sent them a bank statement showing a 'first payment' refence from Sky back in 2018, which is when my subscription started. I no longer had proof I returned the equipment as it was nearly 3 years prior.. Even though I disputed the amount I did offer to pay for the equipment as I no longer had proof I sent it. I received a message back saying the bank statement was not sufficient but luckily I managed to find a welcome email from Sky. Once I sent that I received an email from BW saying the case is now closed with them. 

  Fast forward 8-10 months I receive a letter from them again under a new case number for the same thing. I emailed them back forwarding the last email that this was already dealt with. They replied saying JC had instructed them to collect the sum and that the welcome email wasn't sufficient proof I don't owe the money. I checked my credit profile and JC have put defaults on there in between the two cases despite not once contacting me. 

  BW offered me a 70% reduction and despite still disputing the amount I contacted them saying I would pay that amount to sort it once and for all providing JC removed the default from my credit profile. I received a reply saying 'noted, the full amount of £500 is due' Soon followed by a letter warning they were going to take legal action and apply for a CCJ because they've tried contacting me numerous times offering solutions and have been unsuccessful. (I have responded to everything they've sent me and twice offered to pay something?????) 

  I have until the 6th of Jan to respond to them, I just don't know what the best course of action to take is. I'm willing to pay the 30% but I would want the default removing also. 

  Any advice????

  Thanks 

Brie

Sounds like you need to send them a subject access request (SAR) to get them to send you everything they have on file for you.  This would include all letters, notes on their computer systems about phone calls, emails etc.  It should also include everything that Sky gave to them when they sold the debt on including any credit agreements.

fatbelly

You do not need to fear court action as it's clear.they could not prove their case.

Please stop offering them money

The default mark is unfortunate and unusual. I don't see JCI defaults and I look at people's credit reports as part of my job.

What date is against the default? I think you said you left Sky in 2015?

Lee131213

fatbelly said:

You do not need to fear court action as it's clear.they could not prove their case.

Please stop offering them money

The default mark is unfortunate and unusual. I don't see JCI defaults and I look at people's credit reports as part of my job.

What date is against the default? I think you said you left Sky in 2015?

Thank you. 

So should I respond telling them I still dispute the claim?

I use check my file and it only shows on Experian. It shows as US to date, and as a Default from Jan-August 2020. I left Sky in 2019.

fatbelly

The default is there for six years. 

It might be clearer about the date of default if you got a statutory report from Experian

If the default is valid, they should not offer to remove it for cash.

If it isn't valid, they should remove it for free

Brie's suggestion of a SAR is a good one

I doubt they will try court action on this but if they were going to they must first send the statutory preaction letter with 30-day reply form.

Post for advice if you get one