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Kevin E | Debt recovery company threatens me with legal action, what should i do? |
i closed my account with BT recently and they sent me the final bill. since i was out of the country and couldn't pay it on time, i got a letter from a "debt recovery company" threatening me with legal action, unless i pay the amount i owe BT, plus 15% penalty.
i have paid the amount i owe BT. however, recently i got another letter from the debt collection company asking me for the 15% penalty, threatening me with "legal proceedings." i explained that i have already cleared
the bill with BT, but they insisted on getting the 15% penalty.
my question is: what if i just ignore them?
will they affect my credit rating? can they take legal action against me, as they claim?
thanks. |
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jamie m
|
You cannot run the risk of some micky mouse debt collection agency having you blacklisted. They can and will do it. I would imagine we are talking about a small amount here, so I would just pay them their fee and put it in the past. |
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Kat
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If you've paid the creditor directly, then the "recovery company" has to stop contacting you. The next time they call, tell them that you are formally notifying them that all future contact will be considered harassment, and you will file a formal complaint against their company if they do not immediately cease and desist. You also need to get their full mailing address, so that you can send them a certified letter stating that the debt has been paid off and they are to no longer contact you regarding this fraudulent debt.
Under the Federal Fair Debt Collection Law, a debt collection agency may NOT collect an amount greater than what you owe, so their "surcharge" may be illegal. You may also have additional protections from your state laws, check with your attorney general's website for more information.
I would also contact each of the 3 credit bureaus and have them put a fraud alert on your credit report - this lets anyone who legally accesses your report know that you are having a problem with a collection agency and the information on your report may be incorrect. |
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Hat-A-Tat-Tat!!
 |
some companies sell on the debt to recovery agencies..and this could have happened to you.
yes, it could affect your future credit & they can pursue this...is it really worth the hassle?? - i'd just pay it & put it down to experience! |
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mickey13
 |
speak to bt and explain exactly what has happened (have all the letters in front of you when you call), see if they can get in contact with the debt recov company, if they wont, ask them to send you a final statement to confirm that you are clear with them - send a copy of that letter to the debt company and explain to them that it was a mistake for you account to be passed to them. hopefully they will let it drop when they see you don't owe bt anything
if they don't the next thing you can do is go to citizens advice or a debt councillor and they will get hold of the company on your behalf
don't ignore them coz they will take you to court and send bailiffs round, then it will really damage your credit rating. try to get it resolved before it gets to that stage.
good luck! |
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trish s
|
Have you explained in writing to BT that you were out of the country when the final bill arrived ? Trouble is,once it's gone to debt recovery,BT don't have a hand in it. Best not to ignore it though. You can try writing to the recovery agency to explain or go to CAB and see what advice they can offer.... |
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T. Bansal
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please post your contact details at http://www.abcofdebtconsolidation.com so that our experts can look into the matter and let you know the proper procedure for the issue. [its a free service] |
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Evil's Lilly
|
I've never heard of a debt collection company being able to charge a penalty on top of a debt... *scratches head*
This is what I would do (step by step)
*** Ignore it.
*** Pay close attention to my credit to see if it does show up.
- and I suspect that it won't but
*** If it does show up, I would dispute it.
- I'm betting that this debt collection agency can't verify this debt (because you've already paid it fer cryin out loud!)
*** And finally, (worst case scenerio), In the event that they can verify it (and I'm still betting that they can't) I would pay it... but I would do so, knowing that I wasn't getting ripped off... and I dig that part. |
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katerschenko
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Normally if a debt is referred to a collection agency B.T. cannot accept payment. With B.T. accepting payment you have cleared the debt and have no case to answer to a collection agency.
B.T. has broken their contract with the collection agency by accepting payment from you, and you do not have a contract with the collection agency. You have no penalty to pay. |
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Stephen A
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If they take legal action , they will have to take you to court , wait for them to do this , then inform the court that you have paid your debt , The court will then inform the recovery company that they will be unable to procede and you will not hear any more |
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julie
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Yes it's a late payment fee and yes it will affect your credit scoring.
If you want to see what your rights are concerning this, have a word with your local CAB (citizens advice bureaus). |
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Matt R
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Most people are saying fight it. I say pay it and move on.
Regardless of why the bill didn't get paid, BT are within their rights to get an agency to chase you or even pass the debt on. They can also add resonable fees and demand payment.
The amount is likely to be small. Pay it. If it appears on your credit file, get it removed.
Sorry - I like a good battle, I just think this one is worth it and you may get a bloody nose. |
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shelcom
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I'd ignore them-they're bluffing. If you've paid the amount owed don't worry about it. |
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