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    • jwi007
    • By jwi007 15th Sep 17, 9:15 AM
    • 1Posts
    • 1Thanks
    Debt Collection Process
    • #1
    • 15th Sep 17, 9:15 AM
    Debt Collection Process 15th Sep 17 at 9:15 AM
    Quick Background( :Scots Law)

    - Hired a company to produce a "<something>". No T &C nor contract signed.
    - Paid 600 out of 900 ( and have an email stating outstanding balance 300). Paid via Bank transfer( so audited).
    - Company later resigned before finishing ( have letter stating that)
    - I have never been invoiced for remaining 300/nor reminded.

    Got a letter from debt collection agency for 600 + 150 for their fee on top= 750.00

    - Surely they must invoice me and give me a chance to pay?
    - The fact they resigned - does this null and void any contract/outstanding fees?
    - Do debt collection agencies need to do any due diligence before contacting me i.e. see an invoice/t&c etc?

    Any general advice?

    thanks in Advance
    Last edited by jwi007; 15-09-2017 at 12:21 PM.
Page 1
    • sourcrates
    • By sourcrates 15th Sep 17, 2:41 PM
    • 14,566 Posts
    • 13,707 Thanks
    • #2
    • 15th Sep 17, 2:41 PM
    • #2
    • 15th Sep 17, 2:41 PM
    My advice would be to pay the company direct and ignore the DCA.

    Their 150 "fee" is not an enforceable debt, its more of an invoice than a demand for payment.

    They are simply acting on instruction from their client, they dont own the debt, they cannot enforce the debt.

    You should find if you settle directly with the company, the debt collector may send you a couple more letters to pay their "fee" but after that it will go quiet and they will move on to the next unlucky soul.

    Debt collectors wont do due diligence unless specifically asked for evidence by you.
    Last edited by sourcrates; 15-09-2017 at 2:44 PM.
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