Being chased for payment - never recieved the item! Advice Please?

Croc_Mad

We decided to treat ourselves to a Bass Amp during July 2008. We ordered the one we wanted from Sound Control. A finance agreement was offered on the purchase which was arranged through Barclays by Sound Control. As the amplifier was a specialist item, we were informed the order would take approx 3 weeks.

Within ten days of placing our order Sound Control went out of business. There was no correspondence from Sound Control; we only found out they had gone into administration as we had a friend who worked there. Upon receiving this information we immediately contacted the company. We were unable to get through to Sound Control as they were no longer trading. We were able to get through to the administrators, who informed us that our order would not be fulfilled, as SC had ceased trading. Once again, we received no formal correspondence.

Once the 12 month period stipulated in the finance agreement had passed, we were contacted by Barclays chasing payment. We phoned Barclays and explained the situation over the phone and were informed that they would look into the matter. Several weeks passed with no contact from Barclays before we received another letter demanding payment. Once again, we called Barclays and we were assured the matter would be resolved. The threatening letters continued with increasing frequency and they began to text and call us chasing payment.

We sent a letter lodging a formal complaint and once again expressed the situation. We received a letter informing us they were looking into the matter, but the following day we received a further demand for payment, with penalties and arrears added. Again today, we have received the same demanding letter. My partner is potentially being made redundant for the second time within a year - it's hard enough paying the bills at the moment without increasing demands for an ITEM WE NEVER RECEIVED!

Sorry for the long post, all advice regarding this matter will be thoroughly appreciated!

steveeeee

First off: you never received the item so you don't owe them money. So stay calm! I would say reply to the latest chasing letter and state that you reject the debt and request documentary evidence. Keep a copy and send it recorded delivery. As you know, there's no proof that you received the item, so no proof that you owe the money.

How long ago did you send the letter "lodging a formal complaint"?

Croc_Mad

Hi Steve,

Thanks for your reply!

We sent the formal complaint letter around two or three weeks ago.

We keep being told "matters are still under investigation" but they've been saying that since we first phoned them.

somusat

As this is a credit agreement it strikes me that this would be the same as purchasing on a credit card - the creditor will be responsible for the failure to provide the goods and will have to write off the debt.

Croc_Mad

But as Sound Control no longer exist and aren't answering their phone or responding to emails or letters, Barclays are saying it's our problem. This has bern going on for months and months - will it be affecting our credit rating?