Hello, I'm New! (and I have a debt problem)

[Sarmorrow]

Hi Everyone,
I'm Sarah - single Mum to 2 kids and slowly clearing a pile of personal debt that I was daft enough to build up.

I've been refered to here for some advice on one of these. It's an old debt that I cleared a couple of years ago. I took out a finance package to buy a new computer and got into difficulties with it. But I worked at the debt and paid it off. I know I did. The computer company (not sure if I should mention their name?) sent me bank giro slips and I paid in cash through the bank - so I have no records of the payments and I can't find the letter they sent to confirm the debt was cleared. I do remember getting one and keeping it for at least a year, probably more. But now I can't find it.

This debt has just resurfaced and a new company - debt collection people - are claiming it's not been paid.

Hope someone can help,
Sarah

Is there anything I can do? Whose responsibility is it to prove I've paid ot not paid?

[Sapphire]

Re: Hello, I'm New! (and I have a debt problem)

Hiya and welcome to the site Sarah

Please can you give more details ie whats the name of the Debt Collection Agency ? The more details you can supply the easier it will be to help you.

In the meantime please try to have a search for any paperwork at all to do with this and if they call you DO NOT discuss anything on the phone with them or agree to anything. Make sure they are told that you will only deal with them in writing.

[Sarmorrow]

Re: Hello, I'm New! (and I have a debt problem)

The original company was Dell who seem to have passed it on to CCI Legal, who in turn have passed it Red Castle Recoveries - CCI and Red Castle seem to be linked somehow.

I've hunted the whole house and there's no paperwork left from when I cleared the debt.

[Guest]

Re: Hello, I'm New! (and I have a debt problem)

You need to find out how much you have actually paid and the best way to do this is to use a Subject Access Request in order to obtain all the data that the company hold on you. If you paid the bills to Dell, then serve Dell with the SAR and one of the copy documents you should receive will be the letter confirming that the debt was paid.

In the meantime, you should reply to the debt collecting company and inform them that they are in breach of the OFT debt collection guidance, since they cannot have properly ascertained that you owe this money, as you know you paid it off. It is for them to prove you owe it, not for you to prove that you do not.

Look here for details of what to write to the DCA Consumer Credit Agreements - A Guide - Legal Beagles Consumer Forum

[shell]

Re: Hello, I'm New! (and I have a debt problem)

Also, how old is this debt? If more than 6 years (5 in Scotland) it may be statuate barred.

[Curlyben]

Re: Hello, I'm New! (and I have a debt problem)

Hmm Red Castle and Dell, hasn't Jester recently had dealings with this shower

No matter we're here to help.

[MIKE770]

Re: Hello, I'm New! (and I have a debt problem)

Hmm Red Castle and Dell, hasn't Jester recently had dealings with this shower

No matter we're here to help.

Yes back in March I believe.

[Sarmorrow]

Re: Hello, I'm New! (and I have a debt problem)

The debt is under 6 years so not statute barred.

OK, so how do I serve this SAR thing? Is it a legal doodad that needs a lawyer? Or is it just a letter?

[Curlyben]

Re: Hello, I'm New! (and I have a debt problem)

Hold fire on SAR's etc until you have done a simple Prove It letter. Details are in the link Cetelco posted earlier # 4.

After all if they cannot show your liability to this debt then they can huff and puff as much as they want, but they wont get anywhere.

Is this the first contact they have made over this debt, if so wait until they can be bothered to write again.
Sometimes these DCA letters are simply phishing excersises and best ignored.

[Sarmorrow]

Re: Hello, I'm New! (and I have a debt problem)

It's the second letter - but the first was from CCLegal and the second from Red Castle.
The ball is in their court at the moment as I've told them the debt has been paid and to effectively, but not in so many words, Sod off. It was over the phone and now I know not to do that again. All in writing from now on.