Notice of attendance

RC_46

Can't believe this! I posted earlier about a debt of mine, then we find a hand delivered letter in the letterbox addressed to my husband!! It's from Philips specialist bailiff & debt recovery services, on behalf of Lowell PFI consumer. Someone went to the trouble of hand-writing the details in, driving to our house etc - all for £38.58!!! Are times really that bad?!! Anyway, this is a major issue as my husband doesn't do debt, never has, never will. He is mortified that he owes this, even though it's a tiny amount. He had a letter from the same company sometime before Christmas, and wrote a very polite letter explaining he had absolutely no idea what it was for, and could they explain blah blah blah. We have heard nothing, until today! The name 'Lowell' tells us nothing - they could be acting on anyones behalf. The only thing we can think this may be is from a load of insurance policies he had before we met, and which he cancelled about 6 years ago. Although even then he is certain he doesn't owe anything as it was all done properly, through the companies etc and was never chased in the aftermath. He is very cautious about giving out his card details, but will happily send this company a cheque if he owes the amount. But he is unwilling to pay until he knows what it's for. He won't telephone them as he hates speaking on the phone! There is an email address for enquiries though, we were thinking along the lines of this:

"I wrote to you recently to ask you to explain what the amount of £38.58 was for. I received no reply. Today I had a hand delivered letter through my door stating that a representative had called to recover the amount.

I do not acknowledge any debt to you. If you would care to offer me an explanation, along with details of the company that alleges I owe this amount, I would be most grateful. I am within my rights to know what this is about, and I would appreciate it if you upheld your end before I need to take the matter further."

Like I said, if he owes it he will pay - but we need to know what it's for - so infuriating!! Do you think the email is ok? We don't want anyone calling again, we only want to know what he's paying for - not too much to ask for is it?!

RobertoMoir

Well he's smart not to phone - I'd say rule #1 is not to deal with debt collectors at the door (they have no powers to be there) or on the phone. Despite being a full time IT geek myself there are times where I'd still prefer the written letter to email and things like this are one of those times. But email will do.

I'd certainly ask them to explain the debt prior to paying it. There's a template letter or two around here somewhere that asks Debt Collection Agencies (DCAs) to prove that you owe a debt and says you will only deal with them via letters. I suggest finding the template and following it carefully. I think your short email actually meets most or even all the important points, but I still think the more formal format of the template may be better.

cupkate

It's very possible that your husband does not owe any money. Some debt collection agencies will hand the bill to the last known address of the transgressor, whether they have moved or not. Some also hand out these letters to people in the area with the same/similar names in the hope that they get the right one or that some poor, frightened soul will pay up

RC_46

Thanks Roberto. I will look that template up as, as you say, a more formal approach could bring better results. Still can't believe all the trouble they are going to for a very old piddly amount!!

RC_46

cupkate wrote: »

It's very possible that your husband does not owe any money. Some debt collection agencies will hand the bill to the last known address of the transgressor, whether they have moved or not. Some also hand out these letters to people in the area with the same/similar names in the hope that they get the right one or that some poor, frightened soul will pay up

Oh my god, does that really go on?? Well we are the first ones to live in our house so it can't be that, but what you just said is very worrying :eek: Gives me more of an incentive to push on to find out the details. Thank you!

RC_46

Found the template - wooh ooh! http://forums.moneysavingexpert.com/showthread.html?t=963087

RobertoMoir

RC_46 wrote: »

Thanks Roberto. I will look that template up as, as you say, a more formal approach could bring better results. Still can't believe all the trouble they are going to for a very old piddly amount!!

I used to be a bailiff and a taxman in previous jobs - I've been sent out for less than that before now.

Putting aside why they're bothering you and looking at the idea of that small amount "in theory", £38 per customer would soon add up - if a business with 10000 customers let 1% of its customers off with that, that's £3800, which is somebody's wages paid for a couple of months.

Anyway... that's not important right now. Hopefully your email will produce a few results, and of course people here will be happy to chip in our opinions if its still not making any sense.

RC_46

Put that way I can see your point! I will send the email tonight. If I don't hear anything by the end of the week I will send that letter, recorded delivery, with no signature (see, am learning!!). If someone comes to the door again, and this time we're in - what do we do? To be honest, we very rarely answer the door as we don't live close enough to friends and family for them to just pop in. We also have a spyhole. We get a lot of canvassers so we are very cautious who we open the door to. But if for example he was here when I came home, I would be so scared that he would force his way into the house.

RobertoMoir

RC_46 wrote: »

Put that way I can see your point! I will send the email tonight. If I don't hear anything by the end of the week I will send that letter, recorded delivery, with no signature (see, am learning!!). If someone comes to the door again, and this time we're in - what do we do? To be honest, we very rarely answer the door as we don't live close enough to friends and family for them to just pop in. We also have a spyhole. We get a lot of canvassers so we are very cautious who we open the door to. But if for example he was here when I came home, I would be so scared that he would force his way into the house.

Right - bailiffs can't legally force their way into property even if they have a court order permitting them entry, they can only do what's called "peaceful entry".

Secondly, you'd have noticed being taken to court, so what you're almost certainly dealing with are debt collectors.

Debt collectors have no powers or rights to do anything. They have as much right to enter your house as the postman does. Less in fact, as you might invite the postman inside if they're carrying a really heavy parcel and you'd want it left in your hall rather than dropped on your doorstep.

The correct way to deal with a debt collector is to tell them you don't want them to get off your property and that they are trespassing. Then ignore them. If they don't leave at this point, or try and force their way in or something like that then phone the police.

RC_46

Update! In response to my email - this rather vague reply:
Hi


Thank you for your email. The balance outstanding is in connection with
O2 Mobile.

Regards
Philips

Laughable! No explanation, other than it's O2. Also laughable due to the fact that my husband has never had an O2 contract, he has had a company mobile only for the last 12 years!! So, they are having a prove it letter. They can knock on my door any time now that we know it's not owed. I am taking the vagueness and lack of contact name to mean "we are trying it on, so don't want to commit to anything"!!! :cool:

RobertoMoir

I've got to agree. If they can't produce a proper response you should show them the same level of courtesy, especially as you don't even owe the debt.