Debt collection issue - anyone got advice?
 

Firstly, no I'm not beating off the baliffs, I'm asking on behalf of a girl I know.

In 2000, she mananged to owe HSBC £88.73. According to her it was paid - I have no proof of this.

In October 2005, correspondence were received from a debt collection agency asking for this money. She called them and explained that as far as she was concerned she had paid the debt. They apparently went through their records and stated that she did not owe any more money and that no more correspodence would be received.

On Thursday, correspodence were received again requesting this debt to be paid but by a different agency. The letter says the account was passed to them in May 06.

She rang the agency and said that this issue had been resolved by a previous agency. She was told that the account was handed to them direct from the bank and they had no record of another agency being involved.

Now, I don't know if the debt was paid but I do know that another agency had requested this money and that they had agreed she had no more to pay. What annoys me is this new agency is basically saying she is lying and trying to get out of paying.

She asked them to go back to HSBC and ask them who the previous agency was but the new agency says they can't do that. Unfortunately, as the matter was apparently resolved no correspondence were kept.

Anyone got any ideas where to go from here? If its got to be paid then fine but its very irritating the attitude these people have and there "Your lying, pay up" attitude.

Told her to ask citizens advice first and maybe put all the events in writing to the agency and see what happens.

Go directly to HSBC? Theyre the ones who can sort this out. With the right amount of shouting at the right amount of people they'd probably waiver £66 anyway....

Would she not have arecord of the payment through her statments saying the money was paid?

She hasn't got any records going back to 2000.

If she went to HSBC direct and asked them to dig up her old account do you think they would?

If they do check her records and find there is no record of her paying the money I guess shes stuck with coughing up. What I don't get is this current agency saying they are the only ones involved when there was another agency last year who at the time stated she no longer owed anything.

They would have to. If someone came to me asking for money that I supposedly owed them from 6 years ago, I would want proof.

What happened in the interim period, nothing was said or done for five years before proceedings were initiated???

They probably sold the debt onto a 3rd party. Who will add a collection fee on, estimated at twice the amount which will push it upto £250 - £300. Then they will come around and ask for money, if they dont get it the could 'Levy' her goods and give her 7 days to pay. But firstly hs the debt gone to court ?

In my opinion pay it get a receipt and thats it. Obtaining money with menaces isnt a crime in this country as far as I know , so if they get nasty, not much you can do. You are lucky or she is that it isnt the local council after a parking ticket, they will kick your door in, and for a £150 ticket take upto £600 worth of goods to sell to get the £150 and to cover any charges if you dont have the cash. And the filth, they will hold your front door open so that they can do it. :mad:

But theyve got to prove there is a debt to sell on in the first place, hence HSBC would be the ones getting the call not any agency who have only recieved paperwork HSBC wanted them to have with no other information

This is what I believe has happened but my issue is that the debt was already passed to an agency who said the matter was resolved. This new agency has no record of a previous agency and I would say they have no intention of finding out.

They just want the cash irrespective of what had gone before or even if she does still owe this money.

Got a horrible feeling that its going to be a case of pay up or get all manner of sh$t at the door.

Of course it is.

I may be totally wrong here, but I thought that after 6 years, if no monies had been recovered, it was essentially wiped clean, and could not be on any credit record, and the company could not continue to chase for it? If that's the case, this may be a last-ditch attempt to collect before the 6 years is up, and if she's sure she's already paid it, she should just string out the communication until after the 6 year period, as they can't do anything then anyway. But, I could be wrong, it was a long long time ago I worked in credit control!!