Help with debt collectors Needed

[kevin_g]

Hi everyone.

 

I think i posted this in the wrong section so im putting it in here.

 

I need a bit of advice and don’t know where else to go.

 

I had an account with empire the catalogue. I remember I bought to bins off them back in 2008. My outstanding balance was £33.

 

I also have a Littlewoods account and a Marshall Ward account. They are all owned by the shop direct group. I thought I updated all the accounts address’s when I moved but I apparently didn’t update the empire one.

Anyway they have now passed on the debt to a collection agency; I only found this out because I noticed late payments on my credit file.

The debt is now £210!

 

I told them that I never received a letter from them or any correspondence, and that if they had checked my other accounts (one is in credit by £5, the other one has a limit of £1500). Then they would have noticed that I have moved address. So they did not try reasonable to contact me about the debt. (I’m sure they have to do this?)

 

The strange thing is I checked my credit file again yesterday and it says the account has been settled and all the late payments have been removed! Lol.

 

Anyway I spoke to the collection agency on the phone who said they would only remove £33.

I only have 1 late payment on my credit file, from the past 6 years!

And advice would be most welcome. J

I’m not sure how to do this. I will happily pay what I owe, but not £210

[harrassed senior]

Are you saying that they have charged you £210 in interest and charges since 2008 on a £33 debt?

[kevin_g]

yep, the total for my purchase was £190. but id paid it all off right down to the last £33. so £187 are charges on top of the outstanding amount of £33

 

 

The debt has now been sold to Lowells.

[kevin_g]

CAN ANYONE HELP, PLEASE!!!!!!

[clemma]

Send them the prove it letter - then they have to show you proof that you owe the money that they are asking from you:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

[Pinky69]

And be patient waiting for replies - this is the weekend and there are not many CAGERS around.

[dx100uk]

right well stay off that phone

NEVER talk to a dca on the phone they tell porkies & lie!

 

are you sure this has been SOLD to lowells and that they are not just collecting the balance?

 

anyhow have you got a statement for the empire stores a/c and does it show the charges?

if not i'd SAR empire stores get the list and claim it all back inc interest!

that should clear the debt.

once you have posted the SAR, inform lowells the A/C is in dispute.

 

now about you CRA, are you saying that nothing is showing as wrong with the empire A/C

if so thats a good sign that no-one has the correct paperwork anyhow so cant legally collect or default you.

 

dx

[clemma]

right well stay off that phone

NEVER talk to a dca on the phone they tell porkies & lie!

 

are you sure this has been SOLD to lowells and that they are not just collecting the balance?

 

anyhow have you got a statement for the empire stores a/c and does it show the charges?

if not i'd SAR empire stores get the list and claim it all back inc interest!

that should clear the debt.

once you have posted the SAR, inform lowells the A/C is in dispute.

 

now about you CRA, are you saying that nothing is showing as wrong with the empire A/C

if so thats a good sign that no-one has the correct paperwork anyhow so cant legally collect or default you.

 

dx

 

This costs £10 (send a postal order). Do you not think the prove it letter is the way to go first??? If nothing becomes of that then SAR Empire? I'm not 100% sure.

[kevin_g]

Thanks for the advice. I have already told them over the phone that i thought i owed the small amount. Can i really claim all the charges back even though i havnt paid any yet?.

 

also i havent recieved any letters from the dca yet, i was passed on to them while trying to clear this mess up. im not sure i ever signed a agreement, i might have opened the acc over the phone. i think i did and sent it back via post.

 

Anyway what i will do next is write to empire with a Subject Access Request, then call the dca to and ask them to send me details in writing. Then reply using the letter clemma posted.

 

i have a good credit record and want to keep that way so i am being cautious.

 

dk100uk, lowells told me it had been sold to them, so did empire.

 

with the cra. when i applied for the account it said i was in arrears with 3 late payments but all seems to have been removed. im unsure why but have not contacted the cra because im happy that it has been cleared.

 

am i on the right track.

[clemma]

then call the dca to and ask them to send me details in writing.

 

DO NOT CALL THEM - never, ever.....wait till you get something from them then you can write back to 'em!!!

[kevin_g]

actually i think i did sign an agreement and send it back, not sure if they will be able to dig it out though becuase shop direct group bought empire and transfered my account. if i remember right the company went into administration. can anyone confirm this?

 

i jsut read clemma post, should i do the prove it letter first?

 

hi pink, sorry im not the most patient person at the best of times, lol. its a new skill im trying very hard to master.

[kevin_g]

clemma, if you say dont call them i wont, i just dont want them to mess with my credit file again. would rather get it sorted before the CCJ is on there . prevention is better then cure right. oh and i want to get a house in two years time. if i can save enough.

[clemma]

clemma, if you say dont call them i wont, i just dont want them to mess with my credit file again. would rather get it sorted before the CCJ is on there . prevention is better then cure right. oh and i want to get a house in two years time. if i can save enough.

 

I would send the prove it letter - you know you owe £33. They are claiming way over that amount. Get them to send you the proof! If they fail to respond, then you will have to send a sar to Empire (just trying to save you £10). Of course, you choose which ever route you are happier with.

 

The reason I say do not call the DCA is because they will lie, bully and intimidate you. It's what they do! They will tell you loads of cr@p, which they would never dare put into writing (i.e if you don't pay we will take your house, car, first born child etc.)

 

Prevention is better than cure, I agree, but you may find your credit file is marked already by the Leeds losers (lowells).....you may be able to dispute this if they have. (I don't know too much about getting entries removed, but others will be along who do).

[kevin_g]

clemma. prove it letter i will send. should i send it to empire or the dca.

 

Thanks for your advice. it has been nice to have someone to chat to.

 

i will give them a ring just to check they have the right address details. stop them saying they didnt. get ref's numbers etc. I dont get intimidated becasue the only debt i can go prision for is councle tax. so the rest can go jump! but i pay all mine so all is good. this is just a mix up.

 

also i live in a shared house. i dont even have a car. haha. and for £210 i doubt they could do to much damage.

[clemma]

clemma. prove it letter i will send. should i send it to empire or the dca.

 

Thanks for your advice. it has been nice to have someone to chat to.

 

i will give them a ring just to check they have the right address details. stop them saying they didnt. get ref's numbers etc. I dont get intimidated becasue the only debt i can go prision for is councle tax. so the rest can go jump! but i pay all mine so all is good. this is just a mix up.

 

 

also i live in a shared house. i dont even have a car. haha. and for £210 i doubt they could do to much damage.

 

Send the letter to lowells (as they are the DCA telling you that you owe the money). I strongly advise you not to phone them. They will get your correct address from the letter you send.