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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi we have received letter from a debt agency requesting money

Resolved Question:

Hi we have received letter from a debt agency requesting money stating we have an outstanding debt, we do not have this debt and have never received any invoices or requests for payments from this company they say they are representing. That was 2 days ago now they have written again threatening us with legal action where do we stand?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you are an individual or a business?

Alex Watts :

Also how much is being claimed?

Customer:

Hi we are individuals, the amount is for £114.00

Customer:

My husband had someone go into the back of his car their insurance paid for a hire car while his was being fixed. the charge apparently is for him damaging the hire care to which he did not and he did not sign anything to say he had damaged thecar

Alex Watts :

Ok - dont worry. You should write (do not call, do not email) and say that you dispute the debt and want evidence

Alex Watts :

Remind them of the Office of Fair Trading guidance on debt collection, that is they can not continue to chase the debt whilst there is a genuine dispute

Customer:

The hire company have never contacted us or notified us of any additional charges to which the insurance paid all the costs originally so this is out of the blue

Alex Watts :

But if he does not owe it and they have no evidence, these letters are just hot air

Alex Watts :

Indeed.

Alex Watts :

So you can dispute it, even if it was owing

Customer:

How do we progess do they need to produce the letters and a copy of where my husband sign something acknowledging the damage??

Alex Watts :

They need to produce evidence of everything. Your husband does not have to show anything

Customer:

What happens if they take law action against us?

Alex Watts :

They need to provide the hire agreement, the document confirming the damage and the repair bill

Alex Watts :

You can defend it on the above basis

Alex Watts :

No evidence

Alex Watts :

Lack of documents

Alex Watts :

But in any event it would be a small claim so you do not need to worry

Customer:

we do not want a county judgement against us when we do not have this debt

Alex Watts :

You dont need to worry. If you get a claim form you can defend it on the above basis

Alex Watts :

Even if the Judge finds against you, if its paid off within 1 month any CCJ is cancelled

Customer:

who do we get a claim form from the debt collectors or the hire company

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

Then you just file a defence

Alex Watts :

Saying you don't owe it and why]

Customer:

No thank you I will ring them and ask them to prove we owe this money thank you

Alex Watts :

But its against the OFT guidance on debt collection to issue proceedings for a disputed debt

Alex Watts :

NO NO NO - DO NOT CALL THEM

Alex Watts :

Make sure EVERYTHING is in writing

Customer:

Oh ok I write to the debt agency and ask them to produce documents and lodge a dispute

Alex Watts :

Yes

Customer:

Thank you and I will do it recorded letter

Alex Watts :

Yes. Can I help with anything else?

Customer:

No you've been very helpful

Ash and 2 other Law Specialists are ready to help you