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Hello CAG I would be very grateful for any advice regarding my situation. I was employed by the NHS for around 11 years - My last working day was late November 2009 at which time I left London and travelled to New Zealand to live. I gave a friends address in London for any mail that was still coming in, as well as my address in NZ. My employer had all of these details. Since leaving the UK I've had correspondence in the UK and NZ from HMRC, NHS Pensions, my old employer and so on with no mention of any problem. Around March this year my friend in London received a letter from a debt collection agency stating that in December 2008 I had been mistakingly overpaid and I should now repay this money immediately or face further action. The debt collection agency said it was working for my previous employer and I should not contact them (the NHS) and only to correspond directly with the debt collection agency. Of course I thought this was a hoax, or a mistake. I checked this agency (CCI legal) and they seemed legit, so I contacted them to see what this was all about. They claimed that I had been overpaid around 2800 GBP and that I must repay this immediately. At first I was utterly shocked especially because I had worked for the same NHS Trust a whole year after this alleged overpayment and even when the final salary etc was done nothing had come up. It is now well over 4 years since this 'happened' and over 3 years since I left the UK. My circumstances have dramatically changed, the money is most certainly spent, and I am not currently employed, nor am I living in NZ. At the moment I don't have any of my old work diaries, statements, payslips etc to check the data for sure. The NHS Trust has admitted this is completely their error in a letter they have provided CCI legal. When I asked them to provide clear evidence it turns out that perhaps I only owe 1500 GBP now. I can't quite work it all out as NHS payslips are notoriously complicated with codes etc and added to that I worked alot of overtime/out of hours so no payslip was ever the same (that's why I didn't notice if there was an error in the first place). On top of that quite a good chunk of the pay was correctly paid. Since the Debt people first contacted me I have politely requested all information about this 'overpayment'. This has proved to have errors in it by their admission. I can't be sure if the figure is even now correct. However, the next problem is that I am not currently employed and do not have the means to even enter into a repayment plan if I wanted. And I am reluctant to enter into anything if I am not sure if I even owe them this money! Around the start of July I sent a letter stating that I had no way to pay off this alleged overpayment (not employed, no assets, no savings) and I would like them to write this 'debt' off. The response from them was that they had reason to believe that I was in NZ and that I should provide my contact details there so that they could pursue me through the local legal system. I have written to them today stating that I no longer reside in NZ, have no means to pay this 'debt' and that I would like them to close this case. (Well the letter was a bit longer, but simple, pleasant and honest). I am currently working as a seasonal harvester in return for food and lodging - I'm serious - I don't earn any money! The question is: Can they really chase me for this old mistake that they have entirely accepted as their own - which is over 4 years old?!! And if I don't have any means to repay them, even if they are right, can this be written off? I had no idea that a possible overpayment had been made, my pay slip was different every month and I never actually checked it at the time. They never mentioned it while I continued to work for them (and at that time it would've been ok to try and repay some of it). But now I really can't. What are my rights? Shall I provide them with my new contact details? Can they really take this to court wherever I am living? I have noticed that they do have an agent in the country I am in now. I am happy to correspond with them by email, but it is pointless trying to send me something by post these days. And more to the point, any legal action will result in trying to get water from a stone. Any advice heartily accepted! Many thanks
Hi guys, I have been reading the forums and the amount of helpful information on here is amazing. I am hoping to get some advice about my situation. I am an Australian Citizen but recent UK resident and I am having some issues with a DCA at the moment called Credit Corp. Essentially they are chasing me for a 10k personal loan, that I wasn't be able to pay. I haven't made payments in the last 9 months to 1 year so I am assuming the bank very recently sold it on to them. They have called me at my place of work in the UK to identify me. I did not want them to call me at work again due to the fact that all calls are recorded and listened to by my boss and I work in quite a small company and I have direct contact daily with the CEO and managing director so I dont want this to cause problems. I have a few questions around privacy concerns and also am wanting some advice around what to do. I am not in a financial position to pay the debt at the moment and I am quite sure I will not be returning to Australia within the foreseeable future to live there. I don't want to skip out on this debt, but I am also not in a position to meet their demands or pay much money as most of my salary is eaten up by high living costs here. They have told me they expect me to pay £750-£1000 a fortnight, this is 4x what I was paying on the loan originally, and to be honest even if I could afford this I am debating if it is worth paying to this company. They have made out like the bank is saying that I have to pay this much, when further research shows that they buy debt for pennies on the dollar, so they are trying to make money off of it. I have had 2 discussions with the DCA, one telling me to pay a lump settlement and one about structuring payments. A few concerns I have at this stage around privacy and coercion are as follows : I believe the DCA found my employment details on Facebook as I made this viewable to friends and friends of friends a few days ago, however I don't add people I do not know, so I am concerned about how they have found this information, and if it is through Facebook if they are making fake profiles etc, as I know from a limited amount of research this is not ethical and possibly not legal. Is there a way for me to find out how they got this information? The DCA rep also asked for my address in the UK and I advised I didn't want to give it to them, they advised me this is required by law. I do not believe this is correct. Can someone please verify this? I have given a past address for now, and if it is required I can tell them I have moved and give them my new address. If this is a lie, then essentially what can I/should I do about this? Can I complain, or use this to assist me in getting them to stop contacting me? My main concern at this point is legal ramifications, which from what I have read for the amount of money I owe I should be fairly ok as they probably won't do much apart from make threats. I am only on a short visa, but I believe the company I work for will be able to assist me in obtaining a work permit and then eventually I will be able to get residency and a UK passport. This is a fairly recent debt, so they still have a long time to chase it before statute of limitations set in, do you guys think it may cause me legal issues down the track or that if they sell it to a UK debt collection agency that this will cause problems with UK credit? I don't have any credit at the moment, but this may be something that I need to look into further on down the track if I settle here. I am also worried they won't stop coming for me for the next 5-6 years at least, which would be frustrating and stressful, I guess feeling like I'm looking over my shoulder waiting for the harassment. My main concern is that they will keep harassing me and calling me at work, as letters emails and personal calls are easier to deal with. I have read on the ACCC website that if I write to them and ask them to stop all contact that they will only be able to send court orders etc. and only in writing. Is this accurate? Or will they continue to hound me, as this is the indication I am getting from other people's posts on here. If this is the case would it be better to ask them to contact me by email or post only? If they don't oblige I am gathering I can complain to the ACCC either way, which should help stop them for a little while atleast. I am assuming if I do this they will get their UK attorneys to send me threatening letters and start calling me, again from posts of people in similar situations on this forum. Any advice you can give me would be much appreciated. My main focus at the moment is just getting rid of them for the moment, and then looking into the legal ramifications and options and making a plan from there rather than being pressured into someone who is trying to meet their KPI target for the month and lying to me to get my money. Thanks to all the people that have posted similar situations, it's already been a massive help in easing my mind and helping me not stress about this situation so I can get it resolved one way or the other.
Hello to everyone, I have received a letter marked 'Private & Confidential' at my previous address about 3 days ago, there was nothing else to say it was from a debt collection agency, just an return address. Upon opening this there were 2 letters one from my previous bank, which I stopped using about 10 years ago, & one from a debt collection agency. The letter from my previous bank stated that they had passed/sold my debt to a debt collection agency & the other letter was from the debt collection agency stating they had taken over the debt. Both of these letters are marked the 1st November 2012. I phoned the debt collection agency to query the letter, I gave them my previous address that the letter was addressed to along with the reference number on the letter along with my name. I had a conversation with a female operator regarding this account & was told it concerned a debt from 2002 which I am paying a minimum amount to. I do remember that if the debt is passed onto another party then this means that I do not have a legally binding contract with debt collector which I explained to the operator. She then said that as the bank, my previous bank, had sold the debt onto them & that I had to now start paying them. I explained that I have no contract with them & therefore I don't owe them anything. I also stated that I would be looking into the legal implications regarding this & would get back to them later. The operator then suggested that I speak with C.A.B. regarding this so as to save money & when I call back I would need to arrange to make payments. I politely to her that I would decide who to talk to about this & said my good byes. I would like some advice as to my next step bearing the following; The letter/debt was sent to a previous address, relative, Should I give them my new address, As the debt is from 2002 & was with a previous debt collector surely this should have been struck off, I have in the past talked to various advice centres such as C.A.B. & they said that I should continue paying even though the debt is over 6 years old, because I was still paying them. thank you all in advance.