02 May 2016

A question about : Debt collection says they dont need to prove

Hi,
I have been contacted by a debt recovery agency about a debt I dont recognise. I sent them the standard prove it letter to which they have replied saying that because it is an O2 mobile phone account they do not have to produce any documents. Is this true and do I just have to pay a bill I dont think I owe or are they trying it on?
Thank you
Joanne

Best answers:

  • They are talking rubbish, if they say you owe it, then of course they have to prove it.
    They cant expect anyone to pay them money just because they say so, silly burgers.
  • Lets see how far they get convincing a court you owe them cash with that attitude lol
  • Thank you. Is there a letter I can use to tell them that they have to send me some documents?
  • If you sent them the standard CCA1974 prove it letter then they are correct as a mobile contract is not CCA regulated but they must obviously have some paperwork to prove the debt.
  • Ok Thank you, Do I just write to them in my own words and ask them for some documentation to prove it is me that owes this debt?
  • Sounds like they are trying it on. They do have to answer the standard 'prove it' letter.
    If you not had a sensible answer, you could reply wih something like this. Please also have a look at the OFT debt collection guidance.
    StepChange Debt Charity, CAB or National Debtline will be able to offer further advice.
  • Hi r6joe, thank you for your query re debt collector.
    I would suggest you write to them again stating you dispute ever taking our this debt and would like them to provide details of when and how the contract was taken out and a statement of account and any payments made to date and also ask them to hold any collection activity whilst they provide these details. If they do not respond or fail to provide you with the details you can complain to the ombudsman or do nothing as this would provide the basis of a defence if they ever went to court. Send the details recorded delivery and keep a copy. If you are not sure if you have ever taken out an account with 02 I would suggest you apply for a copy of your credit report to see if the account is mentioned on there at all. You can find more information about disputing debts at www.adviceguide.org.uk.
    Hope this is of assistance.
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