Help re dodgy 'debt collector'

ceejaysmum

Hi,

Not sure if I'm posting in the correct place. Hopefully, someone out there can help.

I'm writing on behalf of my brother-in-law who is a self employed plumber. He provided a quote to someone for a job and being happy with this, they engaged his services. Halfway through the work, it was identified that a cylinder needed to be installed. The customer agreed to pay for this if my b-i-l sourced it. After he had bought the cylinder for the customer, the customer then gave him the run around and wouldn't pay for it so my b-i-l agreed with the customer that they should part company. My b-i-l then provided an invoice for the work done to date. The customer then paid him a cheque for this amount.

Tonight, my b-i-l has received a phone call from someone calling himself a 'negotiator' saying that my b-i-l owes the customer £10 k. His grounds are that my b-i-l- overcharged for the work he had completed (even though the amount the customer paid was only £8 K). Presumably if the customer wasn't happy about what had been charged for the work done to date he wouldn't have paid for it (I can see whay he might have been unhappy if he had paid money up front for a job that wasn't then completed. In fact he handed over the money after the work had been done!)

The negotiator is ringing back at 9pm tonight and has said he wants details of how the money will be paid. My b-i-l said he owes nothing and has told him to take him to Court but the negotiator said he didn't want to do that because these things take too long.

I've spoken to my b-i-l and suggested that he record the conversation he has and that he tells the negotiator that he is only to contact him through his solicitor and that if he continues to ring his home or mobile number that will be harassment and the police will be called. The negotiator has said he intends turning up tomorrow for the £10K so I have advised my b-i-l to inform him that he is withdrawing any common law consent to enter onto his property and if the negotiator does so, the police will be called because of the potential for a breach of the peace.

Is this advice appropriate and should he and my sister do anything else? They have a 6 week old baby and are worried about some cowboy act turning up at the address.

I don't really know how these civil disputes work but presumably, to be able to forcibly demand money or take possessions to the value they have to be in possession of some form of Court order in which case, presumably they would have had to have taken him to the small claims Court?

Thanks for taking the trouble to read this and any help/advice is much appreciated

x

RAS

I would strongly advise him to start by

1. informing the negoitiator that the call is being recorded and actually recording it. if not, get someone esle to listen in other than his wife.
2. Identifying the full name and contact details of the person who has called, with company details and postal address etc. and any professional registration they have which permits them to collect "debts".
3. Advise the caller he has no common rights to visit.

Even bailiffs can only enter your property peacefully (through an open door or window), so they have no rights at all.

I actually think a quick call to the local police right now might not go amiss, using the non-urgent number. Then tell the caller that he has been in touch with them and is seeking legal advice.

I assume he has some sort of professional insurance? Does it include a legal advice line?

copier_guy

Agree with RAS.

Make sure you tell the person who calls you that you are recording the call from the start.

This post had me confused.

In a nutshell. a price was agreed by your BIL and the customer for a job.

The relationship between your BIL & the customer broke down and the customer paid you BIL for works completed to that time.

A third party claiming to be a working for the customer wants all the money and more back?

Have i got that correct?

ceejaysmum

Thanks both for your replies.

Yes copier-guy, you appear to have that right. I couldn't believe it either and it seems to me this guy is nothing but a cowboy trying his luck and hoping he can scare my B-I-L into paying up

RAS

If your BIL provided a quote, he can detail which elements he completed.

This is not quite demanding money with menaces but I think that this person is sailing very close to the wind.

Kimitatsu

If they are a certified bailiff or a certified debt collector then they have to have a registration number that is registered with the OFT.

I would start by asking him for this number after having done the above and explain that you need his contact details so that you can verify his identity and take legal advice as to his recourse.

There is a whole section here on the OFT website
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

sounds to me like it is someone who is taking a flyer on your b-i-l agreeing to an agreement.

copier_guy

I think your BIL should wait and see what happens.

In the mean time i would call the police and just explain the situation. If they did call me i would record the call, informing the other person.

If they turned up at my door i would ask them to leave once, failing that a 999 call.

As others have suggested see if there is a legal helpline he can call. Sometimes they are included in home insurance plans.

RAS

blind-as-a-bat wrote: »

I dont think there is any 'Might' about it RAS

From the op's post there is no grounds to demand money, as no notice of dispute is mentioned, so for now i would treat this as trying to obtain monies under false pretence, which is fraud

Just my view

Well my view is that if the caller knows that BIL has already spoken to the police, he may be rather more cautious in his behaviour.

elfen

Think it's not trying to obtain money by deception, but since someone is coming round, obviously to threaten, its now trying to obtain money with menaces. I'd phone the local cop shop, let them know what's going on. Take it b-i-l still has a signed contract?

copier_guy

Does anyone think if the BIL called the original customer and explained that the police were getting involved as the situation is getting heavy they might ask the 'collector' to back off?

magpiecottage

If this person is attempting to pursue a claim for reward then he needs to be registered as a Claims Management Company with the Ministry of Justice.