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what details are legally required to prove liability for a debt

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  • what details are legally required to prove liability for a debt

    Hi all,
    long story short (see full story here https://legalbeagles.info/forums/for...eged-debt-help)

    there were fraudulent transactions appearing on my bank statement back in march. These appeared on my bank statement as paypal"xyz". These were reported to the bank. My debit card was cancelled & i was issued with a new one. The transactions could not be flagged up on paypal as they did not appear on my pp account. The bank refunded me the money that was debited.
    In may I got a letter from ARC Europe debt collectors advising paypal had passed them my details as I have money due to them.
    I got in touch with both paypal & ARC at the time to seek clarity on the matter & explained earlier in the year there had been fraudulent activities relating to paypal. ARC did not respond & paypal said they could not see any debt associated with my account & don't know why my details would have been passed to debt collectors.
    Now i have received a second letter from the debt collector advising the debt is still outstanding.
    I am going to issue them with a "prove it" letter but suspect they will ignore it (like they ignored my first email ) & continue with their procedures which means only 1 more letter before they get courts involved.
    I do not believe this debt is mine. It is for quite a small amount so if it was mine i'd just accept liability & pay, the money isnt the issue. But i won't accept liability for something that's not mine.


    Legally what information does a company alleging you have debt with them need to provide to prove you are liable?

    I am asking them to provide:
    - details of the transaction(s) leading the this debt (ie site the purchase was from).
    - dates of the transactions
    - details relating to the account the debt has been accrued (it may be my details links with a different (fraudulent) pp account.

    If they provide me with that & it did miraculously turn out to be a transaction i had made I would accept liability but if i do not recognize those transactions I would maintain I was not responsible for them & hence not liable.

    I'm just struggling to get my head around that a company can basically say "you owe us X" but not state in relation to or when the alleged debt is from. That doesn't seem right?

    I'm deeply concerned that whoever stole my card details/carried out the initial fraud transactions has set up a new paypal account but with my name & address thus paypal think its me. There must be a way to verify it's not? Can paypal just refuse to investigate but the debt collector still take me to court?
    Tags: None

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