any help or advice re heavy handed debt collectors

barriejohn69 · 3 February 2005 at 5:06PM

I foolishly got myself into financial trouble about 4 years ago, buried my head and it got worse, ccj's etc. I was "advised" to contact a firm who i could pay each month and they would then in turn pay my creditors (for a fee). This went on for about 18 months when one of my creditors rang me asking why i hadn't made any payments for a few months. Granted i had missed the odd payment to the firm but not for a while. I contacted the firm and they denied all knowledge saying they were paying everything so i sacked them. This was Feb 2003. I then paid my creditors myself and eventually cleared all my debts. This week i had a letter sent to me by a debt collection company (who recommended the firm in the first place) saying if i didn't pay them £475 in missed payments by 5pm today i would go to court. This was the last thing i needed. I have been contacting them via e mail to set up a payment plan but they have been very rude in their replies and said if i didnt pay by today i was going to court. I then sent the cheque recorded yesterday, but they haven't received it. This apparently is my fault and now i'm liable for a further £250 legal fee.

I have also asked them to send copies of the statements from the firm but they wanted a further £350 to do this.

Surely i can launch some kind of counter claim to recoup the money as the service was not carried out. Where do i stand??

Sorry to go on but this is really worrying me as £475 is a lot of cash to me.

thanks for your time.

Barrie

Malestrom · 3 February 2005 at 7:45PM

Go online to the Royal Mail website, enter your recorded delivery number into the Track 'n' Trace box on the front page and see if the letter has actually been delivered. Unfortunately, Special Delivery is the only guaranteed letters service and thats what you should have used. However, i'd be a little wary of paying any more money out to be honest. It all sounds a bit over the top to me. You know you've missed payments but have they supplied proof of exact amounts and dates? If not, whats to stop them contacting you next week and asking for more money, or late fees, or a processing fee or some other nonsense?

I think your first port of call should be your local Citizens Advice Bureau, see how legal their actions are and what options you have. Hopefully some other people here will also have some good advice for you.

Best of Luck!

grey_lady21 · 4 February 2005 at 11:37PM

Well done on sacking the debt management company and paying off your debts yourself. (Bad bad fee charging dmp's.)

The company who is being rude to you, i would consider slowing them in their tracks. They are legally obliged to prove that you owe them money. In fact i would cancel the cheque you have already sent as it's appararntly vanished.

Write to them asking them for proof of this debt. (e.g your sig on a loan agreement) it's highly unlikely they will take you to court for this amount but even if they do, you have the proof that you tried to pay it and they were rude to you which i imagine would go in your favour. Remind them that they aren't allowed to harrass you under the administration of justice act and you will be producing copies of all correspondance for the court. If (in the unlikely event) they do take you to court make sure you attend.

Don't let them scare you.

barriejohn69 · 15 February 2005 at 12:34AM

hi and thanks for the advice, i have paid the debt off and despite requesting the statements again have had no joy. The day after i sent the cheque off i rang the company to check they had received it, they wouldnt give me an answer but then e mailed me asking where the cheque was. Went on royal mail website and the cheque had been delivered, this had me in limbo. rang the company next day and was told " Mr x an email has been sent to you" i asked if i could have verbal confirmation of receipt of the cheque and had the same reply. How ignorant are these people. I have since sent a stroppy letter but had no reply. i won't let this lie.

Conor_3 · 18 February 2005 at 5:34PM

In addition to grey_ladys advice..

I would call their bluff. The County Courts are getting very tired of debt collection companies practicing in this manner. The Govt is also looking very closely into the practices of so called "Debt Management" companies with a view to closing them down.

Your argument would be that they haven't fullfilled their part of the contract you had with them as they didn't pay the creditors as per agreement. Therefore no service, no money. If you have letters from the creditors showing there were missed payments at the time you were using this debt management agency thgen its pretty much a no contest.

The County Court has the power to nullify the debt.

Don't be rude back to the debt recovery agency. In fact, go out of your way to be nice to them...winds them up something chronic :-)

any help or advice re heavy handed debt collectors

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