Help with Collection Agency

[Paul_H]

I need some serious help please.

Have a collection agency chasing me for payment and so far they and the creditor have not been able to provide concrete proof of the debt.

 

i keep telling them that without this they can't pursue this and need to stop and remove the offending record from my credit file.

 

All I'm getting is the usual run around from the agency and as it has been well over a year and still no proof

 

I think they are barking up a wrong tree.

 

Experian can't do anything without their say so.

 

is there a sort of a letter threatening them with all sorts of things under the Consumer Credit act or something else to get them to finally remove this and stop chasing me.

 

Many thanks.

[dx100uk]

so what are you saying

 

this debt is NOT YOUR

and has never been

 

mistaken identity or something

 

please give more info

 

dx

[BRIGADIER2JCS]

DX has asked the question what

is the debt, who's chasing it,

why do you dispute it.

[Paul_H]

Allegedly its M&S, the agency is Lowell and the account was closed for almost a year with a 0 Balance before they even bothered to contact me. The card was cut up and that was it, last statement did show that it was clear but who keeps statements on closed accounts as it was so long ago.

[BRIGADIER2JCS]

Ok, First step, check credit reference files,

for any recent entries or changes, it will

highlight the ownership of the debt the balance

if any and the default date.

Brig.

[Paul_H]

All has been done, credit agencies checked and the company that is chasing me was informed to produce the required documentation to substantiate that i owe the money. They have not provided any info and I want this removed from my file so I need a seriously strong letter to send to them quoting all the law and credit act, hence me asking if anyone knows of a good template.

[BRIGADIER2JCS]

You need to compose a letter

in more personal tones, the creditors

DCAs have seen all the templates

that are around as we have seen all

theirs.

How did you request the information,

a CCA request to Lowell with the £1

statutory fee, if you did not do this

they are very unlikely to respond.

You are saying you had an M&S

account if so A subject access request

to M&S.

No ''strong'' letter is going to resolve

this, it seems to me an account existed

in your name and for what ever reason

it has been defaulted, you need to do

the right processes the proper CCA request

and or the SAR.

Nothing will happen unless you do.

[dx100uk]

if the a/c was £0

what bal are they talking about?

 

this seems irish to me.

 

either your cra file shows a bal , hence the chasing

or it shows as £0

 

but either way its entitled to be on your file as you've had credit and even if £0, it stays for 6yrs from your last payment.

 

dx

[BRIGADIER2JCS]

I agree DX the account existed and

was defaulted, contact the card

issuer.

[247orbital]

I believe that when the debt is sold to a DCA the balance will show as Zero. The OC default information and CRA listing will then be taken over by the new owner of the debt in your case Lowell's. However only the original default date from M&S is the one which should be listed by Lowell's they can not list a new default date. However they often do and put this down as "an administration error". So always check.

[dx100uk]

247

 

good post

 

dx