prove it query

[Justine66]

Hi all

I just realised that i paid off a ccj about an ee debt which the debt collecter letter said belongs to me. After going thru my mails and posts from 2016 (the period of the debt and ccj), i realise i have never had an ee account. I was confusing it with another bt account i had, I panicked seeing the ccj and immediately paid it.

what are my options now please..!

[charitynjw]

Hi all

I just realised that i paid off a ccj about an ee debt which the debt collecter letter said belongs to me. After going thru my mails and posts from 2016 (the period of the debt and ccj), i realise i have never had an ee account. I was confusing it with another bt account i had, I panicked seeing the ccj and immediately paid it.

what are my options now please..!

Hi & welcome to LB.

How long ago was the CCJ (just to clarify this), & when did you realise (approx date) that you'd paid in error?

[jaguarsuk]

You can contact them to inform them and ask they refund you, then deal with the matter appropriately. Don't hold your breath.

If they say no, then you could file a claim against them citing unjust enrichment of the debt purchaser via mistake of fact and take them to small claims court for the amount paid plus interest of course.

[Justine66]

the ccj is from dec 2017, but i just found out in jan this year and paid off in february. I realised my mistake around april 15 while going thru my mails...

i moved houses in 2017/18 so missed any posts they may have sent. i sent them a mail saying i never received any letters in 2017 about this, but they replied saying they have proof of sending me letter of claim and claim forms etc at my address in 2017..

what is the best approach to make them refund me.. i want to avoid courts etc!

thanks for the advice

[charitynjw]

the ccj is from dec 2017, but i just found out in jan this year and paid off in february. I realised my mistake around april 15 while going thru my mails...

i moved houses in 2017/18 so missed any posts they may have sent. i sent them a mail saying i never received any letters in 2017 about this, but they replied saying they have proof of sending me letter of claim and claim forms etc at my address in 2017..

what is the best approach to make them refund me.. i want to avoid courts etc!

thanks for the advice

jaguarsuk has posted (above) that which I was thinking.

Give them a chance to repay, & if they don't cough up, county court.
But make sure first that the (alleged) debt is nothing to do with you.

[jaguarsuk]

The things is this debt has your name on it, so you're going to have to do some digging and find out why? I would send an SAR to EE and the claimant to find out as much info as you can in the first instance. Once you have that then you can approach the claimant to explain the mistake and request you money back.

It would be wrong not to manage your expectations, I very much doubt they'll refund you and are likely to say the debt was yours, is now paid and they see no further reason to communicate with you. You'll then have to decide if you want to go to court or not.

[Justine66]

The things is this debt has your name on it, so you're going to have to do some digging and find out why? I would send an SAR to EE and the claimant to find out as much info as you can in the first instance. Once you have that then you can approach the claimant to explain the mistake and request you money back.

It would be wrong not to manage your expectations, I very much doubt they'll refund you and are likely to say the debt was yours, is now paid and they see no further reason to communicate with you. You'll then have to decide if you want to go to court or not.

Thanks Charity , Jaguar

I have sent the SAR to EE. Its a no from the debt collector. I guess once i receive respose to the SAR then I'll update you guys. thanks

[jaguarsuk]

Thanks Charity , Jaguar

I have sent the SAR to EE. Its a no from the debt collector. I guess once i receive respose to the SAR then I'll update you guys. thanks

Once you are able to establish the debt is not yours and some sort of mistake has been made you'll still have to give them opportunity to refund you. A letter before action will be your best route as you have to send one before filing a claim anyway, so kills two birds with one stone by ticking that box and giving them the chance to make things right.