Hi please can someone help, my partner had a LTD company with a friend, both were directors, however a few months ago his so called partner had him removed as a director (was able to do this online without his knowledge or consent) and now has instructed a debt collector to chase him for money they reckon he owes the company for materials, the other partner reckons they paid this, and iswhat there trying to claim back from him, however as this person dosent have a pot to pee in they could have only paid with company money which belonged to the compaany anyway, which was half his before they removed him, they have taken the whole company and clients and monies in the company right from under my nose and now trying to get this money from me, as i say he has debt collectors demanding money within 7 days (had 2 of these letters) then threatening court, we dont have the money to fight in court even though they have done us an injustice, and we dont want to pay something we dont owe either, we really dont know what to do, if anyone can help that would most appreciated,, thanks mic
debt collectors say i owe money i dont
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Tags: complaint, consumer, court, dca, dca's, debt, debt collection, debt collectors, debts, demands, guidance, harassment, help, injustice, justice, knowledge, legalbeagles, money, oft, standards, tomorrow, trading standards
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Re: debt collectors say i owe money i dont
If you believe you don't owe the money post the Prove It letter:
Originally Posted by Prove I'm The Debtor
Dear Sir/Madam
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully
Read more at: Dealing with DCA's - Legal Beagles Consumer Forum
Send this off and await their reply. Once you get one, post here and let us know what they say. One very important thing to remember is that the DCA's are not allowed to pursue a debt that is in dispute. Many of them still try in order to scare you, so keep all evidence to create a paper trail of proof for yourself should you ever need it. Judges do not like DCA's who don't follow the rules.
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