Debt Collection Agency Problem

Concerned_1_4

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DarkConvict

A debt collector cant force you to pay, neither should they act on disputed debts.

If the local engineer wants to force payment, he will have to goto court. But unless he can provide proof the work was completed and the costs involves they will fail.

I'm not sure how you will resolve your dispute, as since it is not a gas emergency, nor is the engineer acreditted by gas safe they will not get involved.
Do you have legal cover on your home insurance? They may be able to help assist you, in resolving the dispute by instructing solicitors to gather the facts and resolve any money owed.
Watchdog/rogue traders tv programmees is also another possibility, as they may have met the engineer before.

Concerned_1_4

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DarkConvict

If he is a gas safe engineer and he is performing unacceptable and potentially unsafe work, they should be involved as they should quality check the work undertaken. It doesn't just need to leak gas to be unsafe.

Trading standards is a possible, but consumer direct is probably the first port of call. Its the customer side of them. If there is a problem a case is opened and passed to trading standards. http://www.consumerdirect.gov.uk/about/how-we-help/

Concerned_1_4

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charliemonkeyface

definatley follow darkconvicts advice, as for the debt collection agency send them this letter amended to suit yourself.

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Concerned_1_4

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PNPSUKNET

Its normaly best to pay then dispute after, eg take him to court.

stephbond89

Hmmm first off, a debt cannot be passed to a debt collection agency if there is an official dispute going on...did you file an official complaint? If not then yes it can be passed on, if you DID file an official complaint, they cannot legally send it onto a debt collection agency, you need to write to them (and keep a copy) explaining you know that they're not meant to do this etc.

A debt collector cannot actually do much...the only reason companies use them is 1) they dont have to deal with you themselves and 2)when someone gets a debt collector letter it makes them more likely to pay up! They are NOT bailiffs!!! They cannot enter your house and take your posessions! They can maybe take you to court for monies owed, but in a lot of cases, they end up getting even less that you would have offered them in a payment plan- and very rarely does a case enter court as it costs the debt collectors too much money!!!

From what you say, I would say your in the right. If the boiler man didnt fix trhe boiler, then effectively he has not completed the work and cannot ask for money. BUT, I would say in future NEVER use someone off a first quote, always get at least 3 people around to assess the work to ensure one of them isnt ripping you off saying you need 50 things doing when its a simple tap which needs tightening...! If your with British Gas, I suggest you get their boiler repair service. Will your home insurance cover it maybe? Look into all of these things before paying out. ALSO, there are some companies giving grants at present for new boilers...look into these too.

As someone else says you might be best paying then taking them to court, BUT you may never see your money again and court can be lengthy and expensive- especially if you lose in the end!

Never phone the company, always write or email keeping copies of everything, as this way they can never dispute something was said! it can be a huge pain though as they often claim you MUST call them or they will call you. In this case say your not happy speaking on the phone and want to communicate in writing, you could mayeb set up a "password" with them to quote in all emails or letters if they are not happy about security. But written communication especially emails, is better and also cheaper!!!

Have you researched this company to see if they are legit and if other people have had problems? If so, then it might be worth wiritng to someone like Watchdog...they will often get a problem sorted for you!!!

Dont worry about the debt collectors, even if they DO come to your door (I ahve £10,000 of debt and not once have i had a debt collector at my door despite shoving my head in the sand for over a year!) just refuse them entry to the house, and explain you wont pay and why. Its unlikely though that anyone will even come to your house, it costs too much if their office is in Scotland and you live in Cornwall for example, they dont often have people all over the country, especially not small debt collecting companies!!!

Just keep on corresponding through writing with them and threaten them with as much as you can, court, ombudsman etc

Concerned_1_4

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