Ooo the bailiffs are coming, how exciting ANOTHER UPDATE!

Mike_St_Helens

No no... you are the true Mrs Arkwright whos threads I read... I need opinions and proper advice from us all on here... any thoughts you all may have are fab

xx

Mrs_Arkwright

Well I've just had a 30 minute long debate with both 'Donny' and 'Melroy' - customer service advisors for Britannia based in India!

They have basically

a) called me a liar, saying I received a bill before the July one that I should have paid.

b) called me incompetent, saying if I didn't receive a bill before then why didn't I call them to request one?

c) said it's not their problem and they will not do anything.

d) called me a liar again when I said I cancelled the account online, saying 'that's impossible'.

e) then conceded it's not impossible to cancel online, but called me a liar when I said I had not received an email confirmation of the cancellation.

I am bloody fuming. But of course, I can't find a number to phone where I can speak to someone in England who might be able to do more than read from a script on their computer screen. And I can't find an address to write to as the address on the statement says 'don't send any correspondence to this address'.

Any ideas? I am well cheesed off now.

AGB863

With Debt Managers, if they contact you again ask for them to put in writing the notice of assignment. This is a legal requirement to tell you that they are handling the debt. It aslo needs to state one of 2 things that they are (1) handling the debt on behalf of Brittania or (2) that they have purchased the debt and they legally own it.

When you get this notification - you tell them that you are disputing the debt with Brittania and they then have to back off - because whilst it is in dispute they can not chase you for it.

This last bit is covered in the Office of Fair Trading Guidance to Debt Collection "section 2.6 sub section h" - "ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment".

The whole document is here
http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

Mrs_Arkwright

AGB863 wrote:

With Debt Managers, if they contact you again ask for them to put in writing the notice of assignment. This is a legal requirement to tell you that they are handling the debt. It aslo needs to state one of 2 things that they are (1) handling the debt on behalf of Brittania or (2) that they have purchased the debt and they legally own it.

When you get this notification - you tell them that you are disputing the debt with Brittania and they then have to back off - because whilst it is in dispute they can not chase you for it.

This last bit is covered in the Office of Fair Trading Guidance to Debt Collection "section 2.6 sub section h" - "ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment".

The whole document is here
http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

That is ace - should I phone them to ask for notification, or wait until they contact me again? Doesn't the fact that they have written to me count as written notification that they are handling it - their letter does say that their client is Britannia?

mcfisco

Brittannia Music is owned by Universal music - why not drop the chairman an email?
I'd be guessing but these email addresses may hit the target
Lucian.Grainge@umusic.com
LGrainge@umusic.com

AGB863

OK - wait till they contact you again and mention the section from the guidelines and that you are in dispute.

Won't be around for 2 weeks as off to catch a plane to India

Mrs_Arkwright

AGB863 wrote:

OK - wait till they contact you again and mention the section from the guidelines and that you are in dispute.

Won't be around for 2 weeks as off to catch a plane to India

OK, thanks - say hi to Donny and Melroy if you see them

Tootsie_Roll

AGB863 wrote:

With Debt Managers, if they contact you again ask for them to put in writing the notice of assignment. This is a legal requirement to tell you that they are handling the debt. It aslo needs to state one of 2 things that they are (1) handling the debt on behalf of Brittania or (2) that they have purchased the debt and they legally own it.

This is often misquoted and regularly misunderstood. Yes, there is a legal requirement for them to notify you if they have bought the debt or are dealing with it on behalf of the lender but I can absolutely guarantee that it will state that in their first letter to you.

'Notice of assignment' is a term often used that doesn't really reflect what the legal requirements are and gives the impression that something far more formal should be sent to the debtor when in fact it's just a letter.

Mrs_Arkwright

So, I need to let them know that I'm in dispute over the amount owed. I told the DCA on the phone on Saturday that I had paid it, but she didn't care. Should I put that in writing to the DCA so there is a record, as I'm sure they would conveniently forget a phone call.

Xbigman

You are not disputing the debt, as you paid it. You are disputing the debt collectors fees.

I also think too much is being made of this whole situation. Simply write, recorded delivery, to the debt collectors stating that you paid the bill on reciept as instructed by Brittania. Also state you consider that you owe the DC nothing and as such will enter into no more correspondence on the subject. Thats it. Don't phone Brittania, don't do anything more. If they keep contacting you, ignore them.
Do keep all paperwork though, especially proof the check was cashed.

If you keep contacting them (DC or Brittania) they will keep trying to collect from you as they know they have a 'live one'.
Regards



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