Hiring a Personal Debt Collector

MattM_4

Hello, i wasnt sure where to put my first post so i decided to put it here. If this is the wrong forum accept my appologies and move where it should be.

Iam enquiring on whether anybody has any advice on hiring a debt collector to recover an amount of money that wasnt paid by a friend. (Now Ex Friend)

A Couple of months ago, i loaned him my spare nationwide account so he can manage a direct debit as he did not have an account of his own.

Being a trusted friend i was silly enough to give him my card and let him proceed with a direct debit under my account.

I have recently found that the direct debits he set up was returned which left me with a bill of a couple of hundred pounds. Furthermore charges have been applied since and the debit is increasing each month and is currently at £398. (Iam aware of claiming bank charges back and doing that at present with my halifax account )

I have spoke to him since several times in personal and by telephone asking him politely to resolve the debt without any success.

Iam now considering to hire a debt collector to recover the debt, and if that fails proceed to a court to recover money owed.

Because i do online banking i have all proof required and reference numbers that the direct debit was actually his but on my account.

Does anybody have any advice on a good debt collector that will collect a personal debt for me?,

Thanks
M

jonuk7

best thing id do personally is if he keeps failing to solve the debt problem providing you have sufficent prrof etc make a claim via the Small claims court (up to the value of £2000 i belive) this way the courts will write to him asking for the amount owing to you and if he fails to pay they send the bailiffs round to either collect payment or they will take goods to the value of the debt sell them at auction and give you what you ar owed, beware though if it goes as far as bailifss etc the debt will increase by approx £150 per bailiff visit so depends how much of a friend he now is to you,

Zebedee69

I second that one - its the cheapest and most direct way.

Hope you can then put it down to experience Matt - never deal with money with any mates, it always ends in tears.

MattM_4

Agreed, Ive learned the lesson already

Do you think to make it official i should send a letter out to him requesting it? for a final time? as the only contact has been in person and by phone. Therefore, he cannot deny no contact with me.

Thanks for your views up to now

Matt

thesaint

I do not believe that you have any chance of recovering this money by the courts if your friend denies your claim.
Although the direct debit was for his benefit, this will not be sufficient to make an award in your favour.

Have you proof that he agreed to pay this money on time/at all?

s1h

Forget hiring a debt collector.

Go through MCOL (money claim on line) Like you do with your bank charges.

h4nym

Matt

Not sure you're going to enjoy reading this, but there is absolutely no legal basis upon which you can sue your friend, let alone enforce collection.

There is absolutely nothing in writing that you can bring to the party that says "I will pay what I owe" or even that "I owe this"!

There is, however, a legal contract between you and the Nationwide, and I can assure you that is says words to the effect of "you are responsble, you are liable, and undertake to pay anything owed"

Cancel the direct debit mandates, pay the money in to clear the overdraft and then sit back and either lick your wounds or plan your revenge. Don't, for god's sake, expect him to take any responsbility - that's yours and yours alone.

Good luck an' all that... but really - you need to be coldly realistic.

H

Kilty_2

Cant you claim that the direct debit is fraudulent, since it will not be for a service at your address or with your name?

thesaint

Kilty wrote:

Cant you claim that the direct debit is fraudulent, since it will not be for a service at your address or with your name?

The direct debit was either set up by the O.P. or set up with his/her full knowledge. It is quite legal to have direct debits from your account that are for the sole benefit of someone else.

MattM_4

h4nym wrote:

Matt

Not sure you're going to enjoy reading this, but there is absolutely no legal basis upon which you can sue your friend, let alone enforce collection.

There is absolutely nothing in writing that you can bring to the party that says "I will pay what I owe" or even that "I owe this"!

There is, however, a legal contract between you and the Nationwide, and I can assure you that is says words to the effect of "you are responsble, you are liable, and undertake to pay anything owed"

Cancel the direct debit mandates, pay the money in to clear the overdraft and then sit back and either lick your wounds or plan your revenge. Don't, for god's sake, expect him to take any responsbility - that's yours and yours alone.

Good luck an' all that... but really - you need to be coldly realistic.

H

Post appreciated ill keep that in mind incase any so called friends want a favour in the future......in one of my above posts, i asked whether i should send him a letter asking for the money and threatening MCOL.... i did, and guess what, even though i probably would have failed in court, the letter worked and he paid it 8 days later I Adjusted one of the template letters that martin provided and i gave it a go.

Result, the debt is cleared....

Now iam feeling evil and may even reclaim the bank charges that was applied to the account just for the hassle thats been caused

Just like to say thanks to all the advice given in this thread, really appreciated

Matt

thesaint

Nice one, It was a long shot but it worked.
Reclaim the charges for your compensation.
Becareful that the bank don't retaliate.