Threatening letters from "debt collections" company

[oolon]

that fact that you don't owe the money is up to you to prove unfortunately.

Actually I think DCA half the time hope they can bully other people who do not owe the money into paying off the debt, so long as they get the debt paid they do not care who pays it.

[Chris P]

It is up to the DCA to prove to you that you owe the money to them, it is not up to you to prove that you do not, of course proving you genuinely don't owe the money and have not confirmed that you do.

[Carlh]

Sorry for taking my time to update this.

I've gotten into contact with HL Legal (using a number I found on their site, which did match the one on the letter), but they told me just to contact Arvato direct. I asked them to verify the Arvato telephone number (as the one on the letter did not match what I've found on teh 'net), but they refused.

When I contacted Arvato, they told me the debt will have been from "years ago", and wouldn't be recent. When I pushed for them to send me proof of the debt, I was told they'd "do some digging", and would get back in touch with me within two weeks. I was told that if they couldn't obtain the documents I requested within two weeks, they would just "close the account" and that I wouldn't have to concern myself with it any further.

Usually when the account goes from the original creditor to the DCA they do indeed get very little information sent across, its usually just name, address, date of birth and amount owing.

They will have also have a set pattern for collecting the account , starting of with the standard introductory letter advising that they have been passed the account, then a chase letter - final chase letter and then pre legal letter (usually from the in house solicitors of the DCA) - depending on the type of account the pattern for when these letters will be sent will vary.

If you dispute the account then usually it will be requested that proof is obtained from the original creditor and the account placed on hold so no further letters are sent etc - if you get any letters in the next week just disregard them as its likely these would have been sent before your call with them and the account being put on hold.

If the client then cant provide proof the usual process is that the account is sent back to them and they shall either close it as disputed or sent it to another DCA to start the process again.

The onus is indeed on the creditor to prove the amount is owing and therefore if it is a telephone or utility bill they "should" be able to provide proof in the form of a final bill they sent, if it was a loan or credit card then a copy of the signed credit agreement is usually obtainable.