being chased for a debt i dont owe.

[jon1965]

Re: being chased for a debt i dont owe.

Where is big ears

[kilasuit]

Re: being chased for a debt i dont owe.

I'll bloody noddy you

Sorry but niddy typed quickly on iPhone came out as noddy. I just didnt notice it.


P.s. your now noddy not niddy

[Paul.]

Re: being chased for a debt i dont owe.

I'll bloody noddy you

lol Noddy

[Paul.]

Re: being chased for a debt i dont owe.

Hi - I'm currently being chased by a debt collection agency for a debt i dont think i owe.
a number of years ago i got into serious financial difficulty and racked up nearly £20k of debts in the shape of credit cards, store cards and loans. I decided to try and sort it out and contacted the consumer credit counseling service. on their instructions i contacted all of my creditors and obtained final settlement figures The CCCS then took over management of my finances and, after 5 hard years, i finally became debt free in march 2011..... or so i thought. Earlier this year i was contacted by a company called Fredriksons who informed me that i owed over £4600 on an outstanding loan from EGG. I wrote back informing them that i had ben given a settlement figure by EGG and paid the loan off with the aid of the CCCS - I included a copy my final CCCS statement showing the zero balance and asked them to send me a complete set of statements and payment history from EGG proving the alleged debt. This seemed to do the trick and i heard nothing from Fredriksons again. However, I have since received a demand for the same debt from Arrow Global (apparently Fredriksons were acting on their behalf). I went through the same process - wrote to Arrow with proof of paying the debt and asked for a complete statement and payment history proving the alleged debt. Arrow have written back and are refusing to send this proof unless i send them proof of all of my previous addresses over the last eight years - they cite the Data Protection Act as requiring this. I cannot provide the documentary proof they want as i dont have it. It seems we're a an impasse.

What do I do now?

As far as Im concerned, I've paid back the amount that i was told i owed. I have provided proof of this to all concerned.

What can Arrow actually do to me? am i likely to star receiving bailiffs visits or court summons?

I've tried contacting EGG directly but they no longer exist. I've tried Barclaycard, who took them over, but they have no record of me on their system.

What really annoys is that sine the CCCS took on my debt and paid it, i have never received any communication from EGG or BarclayCard saying i hadnt paid enough. I just started receiving the debt collection letters a year after the debt was paid.

If it turns out that i was given the wrong settlement figure, then what are my rights? Im assuming id have to pay the balance, but im not prepared to do that until i get proof of the alleged debt.

Any advice or insights would be massively appreciated!!

Ok this is quite an interesting problem. Generally payment of a smaller sum cannot be considered good consideration for a larger sum.

There is however, the ability to discharge a contract mutuallly by agreement, there could be a waiver of rights, and agreement to not enforce existing rights etc.

What you ought to do in my opinion is contact the creditor and advise them that you agreed settlement terms with the original creditro, the sum agreed was paid, therefore the case is closed. No further contact was received no further demands for payment were received. therefore you consider the matter closed.

If they disagree with this assertion, it is for them to state why, and provide evidence that you are indebted to them.

[BBoo]

Re: being chased for a debt i dont owe.

Ok this is quite an interesting problem. Generally payment of a smaller sum cannot be considered good consideration for a larger sum.

There is however, the ability to discharge a contract mutuallly by agreement, there could be a waiver of rights, and agreement to not enforce existing rights etc.

Legal speak for a F&F.

As long as the OP has it in writing and the balance showing as being reduced to zero, they should be OK. It's hard to see how anything could be enforced. I guess the only possible danger is any remaining balance being sold on to a third party to enforce, but this would only be the remaining balance, not the full amount as is being requested here, so that does not seem at all likely.

[Paul.]

Re: being chased for a debt i dont owe.

Legal speak for a F&F.

As long as the OP has it in writing and the balance showing as being reduced to zero, they should be OK. It's hard to see how anything could be enforced. I guess the only possible danger is any remaining balance being sold on to a third party to enforce, but this would only be the remaining balance, not the full amount as is being requested here, so that does not seem at all likely.

Show me the money: offers made in full and final settlement - Addleshaw Goddard

That outlines the possible issues

[BBoo]

Re: being chased for a debt i dont owe.

Indeed, all the usual issues which arise when negotiating a F&F. Surely the most likely thing to be claimed here though, if they do not acknowledge it is a mistake, is the selling on of the balance possibly regarded as outstanding after the F&F.

I agree the OP needs to clarify the situation and put the burden of proof on the other side. What I was trying to say is if they have everything in writing from the OC, with a balance on the account shoing zero, then surely they have a pretty solid defence.

I know with these, if they go to court each case stands or falls on its own merits.

[Paul.]

Re: being chased for a debt i dont owe.

Indeed, all the usual issues which arise when negotiating a F&F. Surely the most likely thing to be claimed here though, if they do not acknowledge it is a mistake, is the selling on of the balance possibly regarded as outstanding after the F&F.

I agree the OP needs to clarify the situation and put the burden of proof on the other side. What I was trying to say is if they have everything in writing from the OC, with a balance on the account shoing zero, then surely they have a pretty solid defence.

I know with these, if they go to court each case stands or falls on its own merits.

Indeed, i agree

[Never-In-Doubt]

Re: being chased for a debt i dont owe.

This was never a F&F - it was completed over 5 years via DMP with no contact from the creditor thus technically a prove it needs to be sent at this stage as it could be a fishing exercise leading upto SB.

[badgerdogg]

Re: being chased for a debt i dont owe.

Hi Everyone .... time for a quick update

to summarise my original post ....

Got into debt with Egg, Paid it off with CCCS, received letters from Fredrikson and then Arrow Global chasing unpaided debt - wrote to both with final CCCS statemet showing amount paid and requesting copies of statements proving that i owe the alleged debt.

OK, my last communication (before today) was from Arrow Global demanding 2 proofs of ID or all my previous addresses before they would send out the requested copy statements. They cited the Data Protection Act as requiring this.

I wrote back using the downloadable template that Niddy kindly recommended I use from this site.

I have today received the latest communication from Arrow. Its basically a form letter / rehash of their last letter stating that they cannot provide any copy statements detailing the alleged debt until I provide them with the proof of ID they have already requested. Again, they cite the Data Protection Act 1998 as requiring this.

Interestingly their letter makes absolutely no reference to any of my previous letters.

So what do I do next?

My gut reaction is to ignore them - my previous letters have stated that i will pay any debt if they can prove its mine (so they cant say I've refused to pay), I've provided them with a copy of my final statement from the CCCS proving i completed my payments - this also, as far as i'm concerned, details account numbers. Numbers that only I would have access to. therefore that should be sufficient proof of ID. Crucially, i think, the fact that i made use of the CCCS proves that I'm not denying the debt was mine - it shows that I accepted my responsibility to the amount I was told I owed and paid it in good faith.

All in all, I think there's very little they can now do. We've reached an impasse and I think I have the "moral highground"

However, I'd appreciate any advice - do I ignore them and let them make the next move or is there another letter i should rite or template to download?

Thanks in advance!

[CleverClogs (RIP)]

Re: being chased for a debt i dont owe.

Ignore the silly onanists.

[CleverClogs (RIP)]

Re: being chased for a debt i dont owe.

I'd say yes as worst case scenario is a no go. Nothing bad can come from trying the reclaim route

Apart from restarting the limitation period on a debt that is nearly statute barred?

[CleverClogs (RIP)]

Re: being chased for a debt i dont owe.

I'll bloody noddy you

lol Noddy

[badgerdogg]

Re: being chased for a debt i dont owe.

Ignore the silly onanists.

"wobbling w*nkers" as my girlfriend calls them!

[badgerdogg]

Re: being chased for a debt i dont owe.

So what do you all think I should do next?

Is there another letter to write or template to download and send?

Or do i just wait for the next letter from Arrow Global?

What are they likely to do next, do you all think?

Many thanks