continued harrassment

stevenh_3

I am continually being sent letters for asking for payments for goods I never requested from a mail order company, (the goods were sent back). When I phone the company I am told that my account is clear and I don't owe anything, yet a few days later I get an "urgent reminder" saying my account is overdue, and further delay will result in administration charges being applied to my account.
Could anyone tell me my legal position regarding this and what my rights are.
Any help is appreciated , thanks.

wigginsmum

Have you written to the company putting all this in writing? I'm afraid I don't know the legal ins and outs, but it's probably the case that one department is not talking to the other and not updating their records. Try writing to the Head of Customer Services.

zincoxide

I would try writing to them with a copy of the letters you are receiving - if this doesn't help then seek some professional and FREE advice from your local Citizens Advice.

daveboy

Personally, I'd take the 'ignore them' view.

Let them take you to court as it will be thrown out and will cost them money.

Just keep a record of when you phoned them, and maybe the phone bill it appears on as a back up.

I've never yet had this sort of problem but if I do in future I'll just let it get to the court stage to teach them a lesson.

Poppy9

If they are sending you unsolicited goods then you don't have to return them, they have to collect them.

Everytime you receive unsolicited goods write to them pointing out that you did not order said item and give them 2 weeks to collect. If they are not collected within 2 weeks you will treat them as unsolicited goods and dispose of as you see fit. If you incur any costs in the disposal you will seek redress from the company.

That usually stops them. I kept getting Silky tights. Kept last 5 pair free of charge due to my letter to them.

Fruitcake

Unfortunately I am using a Company laptop in Cincinnati so I am unable to send you some relevant links about the Unsolicited Goods Act that I have on my home PC.

Basically the law says that unsolicited goods are yours to keep or dispose of as you see fit. You do not have to return the items. You do not have to inform the sender about anything. It is illegal for the sender to demand payment. Repeated demands for payment constitute harrassment and are also illegal.

I have no legal background but I have had some success in stopping this sort of harrassment when my wife's grandmother was plagued by demands for payment concerning something she was legally entitled to free of charge.

As I said, legally you do not have to do anything if you don't want to. If you do, then I suggest the following: -

A google search will quickly get you the relevant "Acts" concerning unsolicited goods and harressment (actually covered by the new anti-stalking laws.) Items with gov.org in the address are best, but often a simplified explanation can be found from many sources such as a town's chamber of commerce website.

Write a letter along the following lines: -

With reference to section ???? of the Unsolicited Goods Act ??/??/??, thank you for the free gift of ??????? that you sent me on ??/??/??.
Although mine by law, I returned this unwanted item to you on ??/??/?? as a gesture of goodwill. Shortly after this I received a demand for payment which is illegal as detailed in section ????? of the Unsolicited Goods ACt ??/??/??.
I contacted X at your Customer Services Department on ??/??/?? and was informed that the goods had been received by you and my account showed zero balance outstanding.
Since then I have received a further X number of illegal demands for payment. In addition to contravening the Unsolicited Goods Act, this constitutes harressment under the ??????????? Act.
If you do not cease demands for payment forthwith I will seek legal recourse for the the harrassment and suffering that you have caused.

A circulation list on the letter heading with Trading Standards, BBC Watchdog etc may help even if you don't actually involve them.

Also, if you are a member of a Trade Union, you may be able to get the letter written by a union solicitor for free. A few solicitors sometimes offer a free half hour service, and CAB may also be able to help. Headed notepaper from a solicitor has a lot of clout.

The main thing is, don't worry. You will not be fined or credit blacklisted. You are in the right and the law is on your side. You also have an army of MSEs behind you.

Good Luck

Fruitcake

You Only Listen To Me When I'm Wrong

Bossyboots

Here is a link with the info referred to by Fruitcake. http://www.dti.gov.uk/ccp/topics1/unsolicited.htm

I had trouble with a book supplier at work who sent books that were not ordered. If it had been me personally, I would have said nothing but as it was work I thought I should at least ask them to collect them. Eventually they did when I told them on the third time of calling they had seven days to collect them or I would keep them and by the way did they know they were committing an offence by invoicing us for them? They then continued to put the item on our monthly statement so I had to commit to writing my threat to notify trading standards if the item was not credited immediately. I did have an added whiphand in that we owed them money for another item and were withholding payment on that until they provided us with correct paperwork. They did respond within the time set to issue a credit note, but with no apology.