Text message from Debt Collector - Advice please

jones98746

I manage my own DMP and only have two debts left to sort out.

I’ve received several text messages from a company called AIC Corp saying it’s about my NatWest account. The texts include a link to make a payment or set up a plan. However, I haven’t had any letters or written correspondence from this company — only texts (three so far).

All my other debts are paid by standing order, which I set up after receiving official letters in the post and using the bank details on their letters. 

I can’t find any bank details for AIC to set up a standing order, although their website looks legitimate.

Should I set up a payment plan through the link they sent, or wait until I receive something in writing?

Firstly, I’m worried this might be a scam, although I don't think it is,  and I’d also prefer to pay by standing order if possible, but I can’t find their details.

Any advice, really, thank you in advance - should I just pay through the portal? 

Grumpelstiltskin

Have you received a default from Nat West?

twopenny

Could you go into a branch and ask?
If they can't answer they can give you a contact number to establish if this is genuine.

No, I would not reply.
Scammers don't set up sites to look unrealistic. They will know you are anxious, most people would be.

One thing you can do is look at Companies House.gov. that will tell you if they exist as a company.

jones98746

Grumpelstiltskin said:

Have you received a default from Nat West?

Yes, I’ve received a default, and AIC have mentioned my NatWest debt. I’m not comfortable paying through their online portal or using chat, so I’m thinking it’s better to request their bank details and explain how much I can afford to pay. I’d prefer to handle all communication by post rather than online. Is that the right way to approach this?

Grumpelstiltskin

Yes you can ask that all communication is by post, and you can ask them for their bank details as you want to set up a standing order.

fatbelly

Just ignore texts. If it's important, they will write.

AIC have bought a lot of debt recently so this could be genuine. However you should always respond to the first debt letter by sending a prove-it

jones98746

fatbelly said:

Just ignore texts. If it's important, they will write.

AIC have bought a lot of debt recently so this could be genuine. However you should always respond to the first debt letter by sending a prove-it

Thank you - I have never done this before and have not been told to do so before. Can you explain why I should ask them to prove it and how I should go about this? Is there a template letter? If they cannot prove it, where does that leave me and the debt? 

Grumpelstiltskin

This is the Provit template.

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

Send it and wait until you get an answer

if they can't prove it you just don't pay it.

sourcrates

jones98746 said:

fatbelly said:

Just ignore texts. If it's important, they will write.

AIC have bought a lot of debt recently so this could be genuine. However you should always respond to the first debt letter by sending a prove-it

Thank you - I have never done this before and have not been told to do so before. Can you explain why I should ask them to prove it and how I should go about this? Is there a template letter? If they cannot prove it, where does that leave me and the debt? 

Anyone could in theory contact you by text/email/letter and ask you to pay a debt, they say you owe them.

It would be folly, and downright foolish to simply take their word for it that you actually owe this money, after all scams are everywhere these days, and even if you do owe the money, there are various legal and statutory reasons why you may not have to pay it.

A company chasing a legitimate debt has to provide evidence of your liability for that debt, when asked to do so.

So we send them the "prove-it letter", and please make note, anything to do with debt and money should only be dealt with in writing, so this letter is specifically worded so as not to acknowledge anything, and asks them in plain English to back up their claim with documentary evidence.

Now "documentary evidence" for most consumer credit debts would consist of a copy of the credit agreement pertaining to the debt being chased, this may also include statements of account as well, but the copy credit agreement is the important bit, as without it, legally the debt does not exist.

Certain companies specialise in buying up old debts, that may be long past limitation, or not have any paperwork assigned with them, both of which are statutory reasons not to pay the debt, so its very important to write and ask them to send you proof of what they are saying, this then makes it much easier to ascertain your position, and provide the debt collector with an appropriate response.

If they provide a legitimate copy of the agreement, and its within limitation (limitation period England & Wales is 6 years from date of default, or can be argued, last payment by yourself or your agent, in Scotland its 5 years) then the debt may be valid, but if they can`t provide anything, it won`t be, and they would be unable to take you to court to make you pay it, so you could just walk away.

jones98746

sourcrates said:

jones98746 said:

fatbelly said:

Just ignore texts. If it's important, they will write.

AIC have bought a lot of debt recently so this could be genuine. However you should always respond to the first debt letter by sending a prove-it

Thank you - I have never done this before and have not been told to do so before. Can you explain why I should ask them to prove it and how I should go about this? Is there a template letter? If they cannot prove it, where does that leave me and the debt? 

Anyone could in theory contact you by text/email/letter and ask you to pay a debt, they say you owe them.

It would be folly, and downright foolish to simply take their word for it that you actually owe this money, after all scams are everywhere these days, and even if you do owe the money, there are various legal and statutory reasons why you may not have to pay it.

A company chasing a legitimate debt has to provide evidence of your liability for that debt, when asked to do so.

So we send them the "prove-it letter", and please make note, anything to do with debt and money should only be dealt with in writing, so this letter is specifically worded so as not to acknowledge anything, and asks them in plain English to back up their claim with documentary evidence.

Now "documentary evidence" for most consumer credit debts would consist of a copy of the credit agreement pertaining to the debt being chased, this may also include statements of account as well, but the copy credit agreement is the important bit, as without it, legally the debt does not exist.

Certain companies specialise in buying up old debts, that may be long past limitation, or not have any paperwork assigned with them, both of which are statutory reasons not to pay the debt, so its very important to write and ask them to send you proof of what they are saying, this then makes it much easier to ascertain your position, and provide the debt collector with an appropriate response.

If they provide a legitimate copy of the agreement, and its within limitation (limitation period England & Wales is 6 years from date of default, or can be argued, last payment by yourself or your agent, in Scotland its 5 years) then the debt may be valid, but if they can`t provide anything, it won`t be, and they would be unable to take you to court to make you pay it, so you could just walk away.

I apologise if I am understanding this incorrectly - but is it correct, I only send the prove it letter if I know the debt does not relate to me and it is due to a scam or a mistake on the collector's part.

I would not send a letter to a collector that I know I owe money to, for example, if I received a default letter from M&S, which says they have sold the debt to 'Joe Bloggs Collection agency', and then I receive a letter from Joe Bloggs to pay. In this instance, I would not send a prove it letter?

Thank you

sourcrates

The same legal obligation to provide evidence of liability applies to any debt that a company or individual writes to you about asking for payment, whether you acknowledge the debt as yours or not.

Failure to provide such evidence will render the debt unenforceable regardless, so it can be a valuable tool in your armoury.

So even if you know the debt is yours, its still good practice to exercise your rights, should you wish too.