Being chased by debt collection agency for unknown items

pmv

New Member
Mar 13, 2009
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My wife ordered some goods from a catalogue type of company some 3 years ago or so, and when the goods arrived some were faulty, and the rest were not even the same as in the brochure / leaflet. These goods were put in the post to be returned and my wife (partner as she was then) heard no more from this company, no statements or anything ever arrived and so we forgot all about it.

Some 18 months later, whilst living at another address, we received a letter from a debt collection agency demanding payment that was owed to this company. We called the agency up and they couldn't provide details as to what this debt was for, and when they checked my wifes details against what they had on record, they didn't even have her correct date of birth.

I then wrote to both the debt collection agency and the catalogue company explaining that any goods we had received had been returned and asking for a breakdown of what this supposed debt was for. The catalogue company never ever responded to our letter, and every so often the debt collection agency would send a letter stating that they were still trying to retrieve this information from the company. The last letter from this agency must have been received over a year ago and so we once again forgot about the subject.

Unfortunately we have just today received a letter from a different agency demanding payment for this supposed debt to this company.

I would just like any advice as what to do now, as this agency is chasing us for a debt of roughly £250, when the original goods that were returned would have had a value of certainly less than £100, and probably only £50-70.

Can the agency even demand payment when they cant even give an explanation as to what this supposed debt is for, and can they expect payment for goods that were returned?

The problem we face is that if this debt is for the goods we returned then we have no record of posting etc, as it took over a year for the first agency to start chasing this debt, and very few people would keep certificates of posting for that long.

Thanks in advance for any advice.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
It sounds like your debt has been sold on. They have to provide details of the debt and it is reasonable to expect this. Have a look at this guide:

Debt Collection Agencies | Consumer Information

You can report the creditor and the first debt collection agency to the OFT for not providing details of the debt. I am guessing these have been lost and the new debt collection agency won't have them either. They probably bought your debt for £20 and hope you will pay without too much trouble.

With regard to fact that the goods were returned the fact that so much time has elapsed is in your favour, but I don't think it will come to that as the records are probably incomplete.
 

Georginazn

Moderator
Apr 22, 2009
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It’s probably a try on and can be ignored unless they up their tactics. If you suspect your credit rating had been affected too greatly (check with Experian and Equifax as they may differ) you will need to insist on action from the original vendor - post again if that’s the case!!
If they just keep writing to you, keep writing back, just changing the first line - I am writing for the second time, third time, etc. etc. In that letter, repeat - that you sent the goods back, remind - that the vendor did not send any statements, reminders, or warnings, insist - on seeing a copy of the original agreement (which must have a clause about a third party having permission to collect), and tell them you are happy, in view of your surety of no-wrong-doing, to go to ADR (slug ‘em with tech-talk - Alternative Dispute Resolution). Mark in your letter that you are sending a copy to the vendor and do so. Keep copies of all correspondence (for six years in the case of credit agreements). Be as boring as they are, and keep your letters very short and to the point - play at being a solicitor - never apologise, never explain - just tell it like it is!!! Keep it up for three more years and it's all over!
If they get mean post again! There is so much to credit and debt, I could waffle on for days!!!!