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Hello my name is ***** ***** I will help you with this.
For now please let me know whether you are an individual or a business?
Also how much is being claimed?
Hi we are individuals, the amount is for £114.00
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
Ok - dont worry. You should write (do not call, do not email) and say that you dispute the debt and want evidence
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
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
But if he does not owe it and they have no evidence, these letters are just hot air
So you can dispute it, even if it was owing
How do we progess do they need to produce the letters and a copy of where my husband sign something acknowledging the damage??
They need to produce evidence of everything. Your husband does not have to show anything
What happens if they take law action against us?
They need to provide the hire agreement, the document confirming the damage and the repair bill
You can defend it on the above basis
Lack of documents
But in any event it would be a small claim so you do not need to worry
we do not want a county judgement against us when we do not have this debt
You dont need to worry. If you get a claim form you can defend it on the above basis
Even if the Judge finds against you, if its paid off within 1 month any CCJ is cancelled
who do we get a claim form from the debt collectors or the hire company
Can I clarify anything else for you?
Then you just file a defence
Saying you don't owe it and why]
No thank you I will ring them and ask them to prove we owe this money thank you
But its against the OFT guidance on debt collection to issue proceedings for a disputed debt
NO NO NO - DO NOT CALL THEM
Make sure EVERYTHING is in writing
Oh ok I write to the debt agency and ask them to produce documents and lodge a dispute
Thank you and I will do it recorded letter
Yes. Can I help with anything else?
No you've been very helpful