Resolved Question

How do I get this debt collection agency off my back!!?

Following coming into some money in 2006, I paid off in full the remaining £560 on a credit agreement for some furniture. 2 weeks after paying this off we got a letter from the furniture company thanking us for paying this off and offering more credit etc etc (we didn't take them up on this). A couple of months ago I got a call from a company caled "Cabot" saying that we still owed the £560 and that they had been instructed to collect the so called debt. I explained the situation, and told him about the letter etc. He asked if I could produce the letter and said if I could find it I could fax it over to them. After two days of frantic searching I could not find the letter, we had moved shortly after paying the furniture company off and the letter must of been thrown away in the move. I called the debt collection agency back, and said I couldn't find it. The rude bloke on the phone just laughed and said "if you can't prove it, then you'll have to pay it". This wound me up and I ended the call shortly after. Since then I get numerous phone calls from them saying that unless I paid it they would leave it on my credit referance (they have). I told them I was going to speak to citizens advice and trading standards and that it needed sorting because it is preventing me from joining the police. Again the rude bloke laughed and said "it all comes down to how much you want to join the Police then

Additional Details

Thanks for all the good advice, like I said, "Nemo" have sent a copy of the chq sent to the furniture company and also a copy of the statement showing the chq was cashed. other than that I have no other proof the chq was sent. I've e-mailed the furniture company requesting a copy of the settlement letter. :-)

6 days ago

Best Answer - Chosen by Voters

First off, if you paid by credit or debit card or bacs transfer, your bank should have a copy of this, that you can get and send (recorded delivery) to Cabot.

(this is such a typical tactic used by debt collectors even when you have paid something off (It's the computer, it's the weather bladdy bladdy bla, they never admit there might be an ACUAL HUMAN error)


Second (this is taken from the BBC news website, now I know you did originally owe this money but the law is the same anyway on this. You do NOT have to *proove* you owe the money and they cannot make you pay twice. tip for the futur, worth keeping ALL paperwork for a while on people you owe, and who you have paid AND make sure you get and keep ALL confirmations of final payment and even payment ref numbers)






Q1. How do you deal with companies who claim you owe a debt but despite requests to provide details refuse to co-operate? Can debt companies hold you to ransom by ruining your credit rating? If not, what remedies are there to force the issue? S. Saint from Northampton.

If you are being chased for a debt that you do not owe, and you have written to the creditor to inform them of this, you could make a complaint to the Office of Fair Trading (OFT) which sets out guidelines which creditors should follow.

It is up to the creditor to prove you owe the debt not the other way round. Before commencing any legal proceedings, the creditor would have to produce a copy of the agreement. As the agreement is not yours, this would be impossible.

Creditors have an obligation under the Data Protection Act to make sure that the information on an individual's credit file is up to date.

So, if information has been added to yours in error and the creditor refuses to correct this, then you should ask the Information Commissioner's Office to investigate.


Hope this helps and whatever you do, DO NOT pay ANY money to them (forget the rude comments about how much you want to join the police. How can they justify you paying them TWICE? It's also NOT a proffesional way to deal with your account. Money owed or not! DO NOT put up with it.

I would read the links below, and also contact CAB and the office of fair trading. Best of Luck! :0)

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Other Answers (5)

• Contact the customer services dept of the furniture firm, explain your problem, and ask them if they would be kind enough to fax you a copy of the settlement letter.

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• Contact the furniture company in the first instance. They should have a record of your payment - depending on how it was made. Was it made to the store or to their credit company? It seems odd that they haven't sent any reminders before passing it to a debt collection agency.
  
  Don't deal with debt collection agencies by phone. They will do everything they can to wind you up and intimidate them. There is a set of guidelines that debt collection agencies are supposed to work to - but people who have dealt with them tell me that they are rude, agressive, and often tell the most blatant lies. If they call you at home, politely inform them that you will only respond to their written correspondance. They will try to argue with you, you can simply replace the receiver at this point.
  
  Now, down to the credit reference agency. The credit agreement will have been made either with the furniture store (less likely) or with a finance company, and it will be this company that is reporting to the credit reference agency. They would have reported the debt on a monthly basis as it's status changed. During this time they would have sent reminders. Again, once your payment is proven this information can be corrected.
  
  If you paid by cheque, you will be able to obtain a copy from your bank or building society. They will make a small charge (it will be under £20) for this. Likewise, you can receive copies of transaction slips if you paid by card (even over the phone). Bank and especially ex-building society staff (bless em) often don't know this, so push if necessary. Get them to contact their head office for instructions.
  
  If all else fails challenge them to provide written proof to substantiate the debt. If they can't, they will not be able to enforce anything in court. Speak to your local citizen's advice bureau should this happen, refer to the excellent http://www.consumeractiongroup.co.uk/ for sample letters and some great advice.
  
  Lastly, for the record, this sort of default would not exclude you from a career in the police. What they are looking for is evidence that you are over-extended or have a compulsive behaviour (such as gambling) which could potentially make you more liable to succumb to financial inducement; this is from police recruitment:
  
  5.7 As individuals are most vulnerable when they have large debts that they cannot sustain, the purpose of financial enquiries is to ensure they have direct or indirect access to sufficient funds to minimise the risk of vulnerability to financial inducement. Where anomalies are noted between their financial declaration and the information provided by the credit reference check, or where there is a need to seek clarification, the RVTL will consult with the applicant.
  
  Of course, the debt collection agency would be pleased to reinforce the mis-conception. They would tell you the sky will fall in if they thought it would make you cough up. Don't just tell them you're going to speak to citizen's advice, go and speak to these people.
  
  Deal with them only in writing, keep copies, send recorded delivery. Obtain proof of payment from the store, the finance company or your bank. Do not be intimidated by the debt collection agency. Do not ignore it, they are persistent.

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• Something doesn't seem right here. Cabot are a highly reputable company and they are very ethical about their procedures. All debt recovery companies must follow guidelines laid down by the Office of Fair Trading.
  If you've paid the debt as you say you have, surely it's a simple matter of contacting the furniture company and asking them to get Cabot to discontinue their action. However, my guess is that Cabot have already done this and have been told the debt is still outstanding. The lost letter is a shame, but to some extent is neither here nor there. You must have paid by cheque or by debit or credit card and the proof will be there.
  If all else fails you should lodge a complaint with the Office of Fair Trading. See their website, www.oft.gov.uk

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• Sounds like most debt firms to me. They employ really thick-skinned people. Let that stuff go through one ear and out of the other.
  
  Do what the guy above says. You may have to speak to someone further up the food-chain though as they might not still have the letter either. Remember that it was them who passed this onto Cabot.
  
  It's a shame it was 2006, as debts over 5 years old can't be chased like this anyway. Remember also that if they are harassing you, you can actually call the police.

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• I owe cabot money too - four suggestions -
  
  1.Offer to pay them what you can afford per month
  2. contact daniel chandler in altringham (site is on the web) they may take over and sort out your debt situation and you never get hassled again
  3 One debt solution in the midlands do a similar thing
  4.If they were not the original finance company you were with and your debt has been passed onto them, this may be illegal, and you may not have to pay them -go to citizens advice.

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