Debt collection: Being chased for a debt that isn’t yours

One of the aspects of debt management that can be a little daunting for people is the prospect of having collectors turn up at your property and asking for the money you owe.

Obviously it’s important that people understand they have to pay back what they owe and that all debts will come back at some time or another, but the physical sight of collectors knocking at the door can add a little bit of dread.

However, it doesn’t have to be this way and there are often a few misconceptions about debt collectors and what they are and aren’t allowed to do.

The main thing that people don’t often realise is that debt collectors aren’t simply ‘muscle’, they are there to communicate with you about your debts and this is essential when it comes to claims over money which you may not feel you owe.

Burden of proof

The first thing to bear in mind when it comes to debts that you don’t feel are yours, yet you are still being pursued for, is that the burden of proof is on those who are trying to collect the money e.g. the collectors.


Collectors must show you proof that you owe the money they say you do in discussions, rather than you having to fight your case.

Essentially, if they can’t do this then they have no reason to be there and are in violation of the regulations laid out by the Office of Fair Trading (OFT).

“If you don’t think the debt is yours, you don’t think you owe the amount being asked for or if you have already paid the debt, tell the debt collector immediately,” the office explains.

“You don’t have to give any documentation to the debt collector. They must provide information to you to prove you owe the money.”

There are a number of strict guidelines which tell collectors and the companies they work for what is acceptable practice and these need to be adhered to. If they aren’t then it’s advisable to contact the Financial Ombudsman Service.

Under the rules, collectors must use language that you understand and only contact you at reasonable times.

They may only come into your home if you have invited them in and must leave when asked, scotching the misconception that collectors can simply burst in and demand what they feel you owe.

It all starts at the beginning where clear information must be provided about their intentions and what you owe. If you don’t feel this is done sufficiently then it’s advisable to talk reasonably and create a dialogue.

Talking

Creating a positive dialogue between yourselves and the collector is important because, provided it is your debt, they are more than just an inconvenience.

Collectors aren’t necessarily bad people, they simply operate to recoup money that people owe to others and, for this reason, they shouldn’t be dismissed.

Talk to them reasonably and amicably as this will make it much easier a process and help speed things up when it comes to areas such as budgeting for repayments and eventually being in the black, rather than the red.

Think of it as a road to that you need to help one another along.

At the end of the day, both parties want the same thing so it is in both interests to work together for the common goal which is, of course, to have zero debt at the end of it all.

Conflict

Obviously, things don’t always go according to plan and there can be times when the two parties will have disagreements on certain areas.

It’s best not to throw the towel in when it comes to this because the benefits that can come from persevering can make for a much easier road to zero debt.

However, if there really is no budging from either side, then it’s best to go to the Ombudsman or the OFT complaints site.

Ultimately though, neither side should want this to be the case because it is merely prolonging the time in which the debtor is in debt.

The collectors will want their money as soon as possible while the consumer should also want to pay off what they owe in similar quick time.