Debt Collection Agency trying to claim for resolved matter.

jamesmd · 23 January 2017 at 6:56PM

Hello,

I'm just looking for some advice and appreciate any help.

I have an ongoing issue with a collection agency called tesch-inkasso.de attempting to get £300 from me due to a "Breach of contact" with a domain name broker called SEDO.

I sold several domain names with them at the beginning of last year. Several domains were also sold through another broker which accidentally got resold through SEDO when I no longer owned them. I did not receive any of SEDO's emails regarding this as they were sent to an unused account. I did eventually notice a month later and they invoiced me £45 per domain as an admin charge. I called SEDO and explained that it was a simple mistake and they agreed to waiver the fees as a good will gesture. I never had any further contact with them after this matter.

Fast forward 8 months and I come home to a letter from tesch-inkasso demanding to pay the fees totalling £300.

I emailed them politely explaining that this was settled earlier in the year however they are still making demands and do not seem to be looking into my claim. They can provide me with no call transcript of my communication with SEDO and are insisting that this call did not take place, I have records of the call from my phone bill but I never received anything in writing nor did any further communication take place after this event.

SEDO and the collection agency tesch-inkasso are based in Germany and I'm wondering where I legally stand as they are lying to me and verging on being harassing. The whole situation feels like a massive scam although SEDO are claiming that they have no record of the call.

Is there anything I can do to get out of this? The whole situation is pathetic!

Thanks for anyones help! I really appreciate it.

sourcrates · 23 January 2017 at 7:01PM

Hi,

Send them the provit letter.

Without proof, a debt won't be enforceable in court, send the letter, keep a copy, see what happens.

Link here :

http://forums.moneysavingexpert.com/showthread.php?t=2607247

jamesmd · 23 January 2017 at 7:15PM

Sorry, I should have mentioned I have already been through this. here is a copy of the censored letter.

Good Afternoon,

Regarding fine no: 16/63037-8 collecting for SEDO GmbH.

I was in contact with SEDO back in April of this year regarding invoice numbers: xxxxxx, xxxxxx, xxxxxx and xxxxxx. These were written off due to SEDO accepting that the issue was just a mistake and to keep business with myself.

Therefore I have no knowledge of any such debt being owed to SEDO GmbH.

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.

Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Kind Regards,
James XXXXXX

There reply was:

thank you for your mail – we send you attached the invoices and contract of the domains.

After request, our client confirm - you did not react to their mails/calls after the domains were sold in February.

The first time you contacted Sedo was in April (2 month later!) and they informed you, you have to pay their provision as you concluded in the contract.

Kind regards

I then requested a call transcript and passed them proof that the phone call was made. They replied again with the following ignoring my request of the call transcript. They never informed me that I had to pay. I explained that SEDO had verbally agreed to weaver the fees and this was also ignored. Here is the most recent reply to which I have not yet responded to:

Claim of Sedo GmbH , file number xxxxxx, your customer number xxxxxx

Ladies and Gentlemen,

concerning the claim of Sedo GmbH, which we are representing, we contacted you on 21.12.2016 and informed you in detail about the outstanding payment.

The actual claim added up to 350,24 EUR so far and results from the delivery of goods/rendering of services plus extra costs due to the delay in payment.

Unfortunately, we have not yet received any payment.
However, it is surely within your own interest to finally close this matter by paying the outstanding amount.

To avoid considerable additional costs and inconveniences we kindly ask you to settle your debt at the latest by 02.02.2017. Please use the following payment methods:

xxxxxx

If you should however fail to meet the above mentioned deadline we are instructed to initiate further steps without any further reminder.

How can I proceed with this?

sourcrates · 23 January 2017 at 8:46PM

Well the clue is in the letter :

"concerning the claim of Sedo GmbH, which we are representing, we contacted you on 21.12.2016 and informed you in detail about the outstanding payment."

They are only representing the original company, so have no power whatsoever to do anything to you, they can only advise there client, akin to how I am now advising you now.

Which begs the question why have they got the debt collector involved in the first place ?

You should take this matter up with the original company again in my opinion.

Dungovski · 27 May 2017 at 6:28PM

Hello jamesmd!
I`m curious how did ended your problem with debt collection agency of SEDo, because I have exactly the same problem with them.
Thanks and Regrads

Debt Collection Agency trying to claim for resolved matter.

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