stepney

Please anyone help.

I am being harassed by UK debt collectors for an alleged debt with a water company.

Background:
I emigrated from the UK in late 2003. I closed all my financial obligations, including those with the taxman, before leaving.
My last UK registered address was a rented flat for nearly 3 years from 2001-2003
The debt collectors are claiming I have a debt with Southern Water for an address which I lived at from 1999-2001 and for the period of 2004-2006 which is after I emigrated.
I have told the debt collectors that I do not acknowledge the debt and they now are insisting that I was living at both addresses for the period of 2004-2006 (according to their search of public records). They are now offering to close my account if I pay half of the alleged debt now.

My problem is I no longer have any available paperwork (bills or tenancy agreements) to counter their claims. I threw them away a couple of years ago.

Is there any way I can prove to them that I emigrated before the debt accumulated. Maybe some government office, tax office? I do remember making a tax rebate request before leaving but I don't have copy.

Please any help anyone?

Englishtart

Surely you can come up with some 'official' paperwork from where you emigrated too, that will prove the date you arrived and how long you have been there? You must have bills from there that prove you are/were resident there during the dates the debtors ar after you for?

SlumdogPauper

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Tell them to take you to court and bring along all the evidence they have, don't worry about not having any documents-usually the County court would have given them an Judgement against you for the debt-BUT since you were abroad or did not recive this judgement you have a right to go back to court and have this order /judgement set aside and thereafter the creditor-in this case a" Debt collector" who has simply "purchased" your debt from the original debtor will have to re-issue fresh proceedings in court-something which they seldom do as the chances of succeeding in these matters for them are very slim.
DO NOT LOSE SLEEP OVER THIS-as any intimidation from the debtor against you will be construed as harrassment and a criminal offence-the debt collector is now trying to wash his hands off this affair thus the offer to settle for half the amount.
Please take advise from the CAB -Citizens Advise Bureau] or similar and do not be pushed into paying a debt that old-since most CCJ's [County Court JUdgements] only stay on file for 6 years-and it is very seldom that a court will make you bankcrupt for something trivial as this!

Aviator

From my experience of debt collectors, one can tell them you dispute the claim and if they wish to pursue it they should furnish you with the evidence they have that proves you owe the debt. The onus is on them to prove you owe the debt, not the alleged debtor to prove they don't. If they cannot prove you owe it, then end of story.

They could take you small claims to court, however they have to give you notice they are doing this and give you an opportunity to respond. Once you write and ask for copies of their evidence, it is doubtful a court would entertain a claim until they have sent you the information and allowed you time to deal with it.

From my experience there is very little a debt collector can do, other than be a nuisance. If it is a large debt maybe go to court, small claims are often not worth the trouble. Saying that a judgment against you could be a problem if you used your UK credit rating in the future.

I had a dispute with a company over an alleged debt, they passed in to a collections agency, I told them to go away (not quite that politely) and never heard another word. If they think they can intimidate you they will.

If it is of a major concern and or a large debt, you may want to seek legal council. Me, I would tell them to send the documentation that proves I owe it. There is always the possibility that someone used your identity?

Do everything in writing and 'signature required' for correspondence.

jaxslad

Tell them Naff OFF !

There just taken a chance in trying to recover something which is not there anyway..

I had something like that from a phone company collection agent and the phone company they was talking about went out of business some 12 yrs prior..
Anyways..like one member said tell them to take you to court or dont bother you anymore.
Besides i think there is a law if the dept is not collected in a certain time, then it's to late, i mean they cant take you to court as the time has gone past the due date..

Don't worry about it...Forget about them if they have no hard evidance..its upto them to prove you wrong ..not the other way round..

spaniola

I agree with this one

psb1821962

Use any paperwork they send you to start your fire in the winter and light your bbq in summer job done

Pet

How about the immigration stamps on your passport? Just a thought.

chartreuse

If the alleged debt is over 6 years old, it may be statute barred. In which case they would have no legal way of enforcing it.

shelley748

Are you in the UK now? If not forget about it-as everyone else says wait for them to provide the proof and have someone in the UK get copies of it for you.

Ka Ora!

Ask them to prove that you owe the money, Do not make a payment or acknowledge anything as this starts the clock ticking on the 6 years statute barred ruling again.

Out of curiosity what debt collection agency is it pursuing you in this matter, As a few of them are known rogue traders that invent debt or just pin someone else's debt to an another occupant from a House of Multiple Occupancy and Flats. They dont care as long as the get the original outstanding balance plus charges from someone. They would have purchased the debt at about half its cash value some they win on and some they dont, But they always make a profit.

livinginreality

I'm with Pet on this one,take a photo copy of your passport,also maybe you have old flight tickets/paperwork?Immigration papers?If you're not guilty then don't let it worry you.

Aviator

You only have to ask them to prove you owe the money, if they cannot prove it to you, how would they prove it to a court. I would not be sending photo copies of documents to anybody who just calls and says I owe them money. Who knows where your information could end up.

chartreuse

Yep. Also - do not hand-sign any letters you write to them. Simply type your name. It is not unheard of for the more dodgy outfits to copy people's signatures from letters and use them to forge loan agreements etc.

livinginreality

I was thinking maybe to a solicitors or the court???Not the debt collectors!