Urgent, please help..

MissEyre

Hi everyone,

I've been away for a few weeks with work, and just come home to find an unwelcome letter...

A previous employer of mine has instructed a debt collection agency-Controlaccount Credit Management-to commence litigation an obtain a judgement against me for the sum of £638.18. I worked for them about three years ago part time when I was studying, and think it must have been an overpayment, but can't find any paperwork about this in my files, and have also moved house a lot. As I now have a mortgage, and a good credit rating, I can't have a CCJ against me, and I am panicking.

The letter is dated 12th February, and they say in the letter they will start court proceedings against me if I don't get in touch with them within 5 days...and that was ten days ago.

I am happy to pay the money back in bits, but I don't have £600 sitting in my account-will they accept maybe £20 or £30 a month do you think? Or should I borrow the money from my parents and pay it back to them? I feel sick.

pania

Hiya hon, Is it possible that the debt has been lost through the house moves etc? I'd write to them and tell then that you do not acknowledge the debt in anyway shape or form and that you require more information befor eyou will enter into correspondance with them regarding the matter. I am pretty sure that I read somewhere that as an employers debt isn't "credit" that no adverse information can be recorded on your credit file at all. I'm sure someone will be along in the morning to confirm or deny that.
Also try to contact your HR dept at the previous employer on monday morning. I am sure that between you all you will come to some arrangement. Easy to say i know but you cannot do anything over the weekend so please put it to the back of your mind til monday and try to relax over the weekend.
Lots of hugs
P
xxx

MissEyre

An overpayment is the only thing I think it could be, as that's the only kind of financial dealing I had with them. It was a college, and they had a history of not being great with payroll, but I'm just horrified!

Thanks for the reassurance, I am just worried about writing to them rather than phoning, as I am already over a week after the response date they gave. Do you think if I call them and then send a supporting letter, and also call the payroll dept on Monday that would be ok? Just so they can log that a response has been made, I mean, and hopefully not go ahead with court proceedings.

stapeley

If you ring the collection agency do not give your phone number,do not let them bully you,if they start demanding , put phonre down . For that amount of money I doubt they would take you to court , its scare tactics . Write to them post on monday they should get it tuesday, so two days will make no differance. Ring the college first thing , explain whats happened , l,m sure they will sort it out . good luck.

MissEyre

Thanks for that

Is it likely that a payment plan would be accepted by the agency, do you think? Or will they push for the total?

fermi

Agree completely with pania. Dispute and find out what the debt is for before even consider paying anything.

Why on earth should you pay a debt when then havn't even told you what it is for.:eek:

tigerfeet2006

Are you positive that an overpayment was paid to you? You need to find out more about this debt. Write to them and send it recorded delivry so you know when they recieve the letter and you can prove it if needed. Make sure you put I do not acknowledge any debt to your company on the letter untill at least you know what it is for.

MissEyre

Thanks all,

I will dig out a thread with the standard 'I do not acknowledge this debt...' bit on it, and just alter the wording where necessary so they can send me information about why I owe them money.

I was just so panicky when I got home, a bit jet lagged, and really frightened when I saw the letter-I still am a bit, but they probably wouldn't get too far in court if I was able to explain that this is the first time I had heard about this! Unless they've already started proceedings, in which case I guess I'll be back here for a bit more advice..

x

blissfulbabe

Please don't panic - you'll be doing exactly what the debt collection agency(DCA) want you to do!

DCAs use a range of threats and intimidation to make people pay and they don't mind bending the rules or if they cause distress, all they want is the money. You are a long way from having a CCJ, so just take some deep breaths and relax.

If you are not sure what the debt is for the first thing you must do is to contact the the DCA by letter (NEVER phone!) headed I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT. In the letter (keep it business like and to the point) tell them you do not have any knowledge of the debt and you require them to furnish you with full details of the alleged debt, including any fees or charges that have been added to the original amount. Also tell them that you require all future communications to be in writing. Don't sign the letter - print your name in capitals at the end.

Send the letter by recorded delivery and just wait for their reply - when they answer (by letter) post the contents on this thread and the good folks here will be able to advise you of the next step.

In the meantime, if they call you refuse to answer any security questions and just say "I have requested all communication in writing only", then put the phone down. If they call more than once keep a log of the dates and times they called. Remember the only reason they want to speak to you is to apply more pressure and frighten you into paying a debt that you don't even know if you owe!

Please don't worry about this - if it is not your debt you won't have to pay it and if it is your debt then we can help you arrange a very affordable repayment schedule with the DCA. The most important thing you can do at present is not to make any payments or acknowledge that you may owe this money.

Have a relaxing weekend.

MissEyre

Thanks so much everyone for your advice-I have written to them and will post the letter recorded delivery this afternoon, and then see what they have to say. It's a worry, but a much smaller worry now than it was when I first opened the letter, and I will post an update when I hear back from them. Guess there is a risk that they have already sent me a letter that I haven't received yet, but I can only wait and see.

Thanks xxx

MissEyre

Ok, next problem-just about to post the letter and noticed it's a PO Box address-can I send a letter recorded to a PO Box? Have had a quick look on the royal mail website but couldn't find anything about that and I need to prove the letter reached them!