Advantis credit

[JanM830]

hey! I hope someone on here can give me a bit of advice.
6 years ago I worked for thomas cook. I left the company and handed in my correct notice to terminate my employment, as well as a telephone call to hr.
one month after leaving the employment I checked my wages only to discover I had just under double of my previous wage with Thomas cook. I was unsure if this was a bonus or additional holiday pay. I’m terrible for checking my bank but this happened the next two months. I couldn’t understand how this happened as I followed the correct procedures and had notification of my employment terminating.
a few months later I received a phone call from Thomas cook to say I had been overpaid. I offered to set up a payment plan. The next thing I had telephone calls and letters from advantis credit. Since I have been bombarded and felt so worried I set up a payment plan. Thomas cook have now closed down and just want to know if I’m liable to pay this? I don’t feel this was my fault in the first place and since contacting Advantis they advised they did not buy the debt off of Thomas cook. I’m just feeling worried about the whole thing so any help is much appreciated.

[R0b]

Hello

Unless you run your mouth and mention it to them, I think it's probably unlikely that they will come after you. Nonetheless, if the over payment was made more than 6 years ago it's also probably statute barred so they have no legal claim anyway.

Advantis Credit are just a debt collection agency with no real powers other than to chase the debt unless they purchased it themselves but I don't think they purchase debt.

Either way, you should be in the clear.

[JanM830]

Thank you for your reply. do you think I should ignore the notifications? I’m also going for a mortgage next year and don’t want it to effect my credit file but I was unsure if they had the power to do this? I noticed on their correspondence that they are registered in England and Wales. I live in Scotland so I don’t know if this is another way it couldn’t affect me?

[R0b]

That depends on how recent these notifications were. Thomas Cook are in liquidation so the appointed liquidator will look to collect in any debts and realise assets in order to pay off the creditors. The liquidator does have the power to bring legal proceedings but I think that might depend on how much you were overpaid.

If the amount is not in the thousands, I would be surprised particularly the lapse of time as there is a risk that spending money and resources chasing a debt that occurred 6 or more years ago and a risk of being statute barred, it might not be in the interests of the company to throw good money after bad.

Liquidators are an officer of the court and must act in the best interests of the creditors. Quibling over a few hundred quid might and given the time it takes to bring legal proceedings might not be acting in the creditor's best interests.

If Advantis has recently contacted you, then if you are confident these payments were made over 6 years ago, you could reply back and tell them you believe the matter is statute barred. If the contact was some time ago, then as I said previously, you may not want to poke the bear and wait it out.