📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

cancelled contract debt recovery

Hi all,

I had a cineworld membership which cancelled within the term because of an argument that I had and wasn’t happy with them.
After 4 month of not paying and cancelling dd , I have received a letter from Daniel silverman debt recovery asking me to pay and threathning to take further actions. I have ignored them . had a call saying this is a final notice etc… which again ignored.
Would they normally take you to court? What are the consequences?
Or send bailiff etc
When I sign up for dd , do I have a finance agreement with them so they can take me to court?

Thanks all

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    They wouldn't be able to send a bailiff until they had first been to court and obtained a CCJ against you.

    What they will do next could be one of a few things which will depend on various factors including how much the debt is, how likely they think you be able to and willing to pay.

    They could take court action to try to obtain a CCJ. If a CCJ is granted and you still don't pay then they could take recovery action such as perhaps using a bailiff or considering an attachement of earnings (if you are employed and they know your employer).

    They could keep writing to you asking you to pay.

    They could sell the debt on to debt collectors who may either write to you or may send a field agent/doorstop collector round to ask you to pay.

    The original creditor or a debt collector has 6 years to take court action against you from the date you stopped paying.
    When I sign up for dd , do I have a finance agreement with them so they can take me to court?
    You have entered in to a contract with them, and if they believe you owe them money they can take you to court. Whether they will be successful in obtaining a CCJ would depend on whether a judge agreed that you owed them money and had not paid.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    wht was the dispute?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Those have a min 12 month contract I think.

    Best bet would be to complain to Cineworld about whatever it was that stopped you paying and see what they say.
    :beer:
  • random44
    random44 Posts: 34 Forumite
    well it may be late to complain after a long time.

    i am just going to ignore them, if they take me to court( if it get to that stage) and i pay it before any court hearing etc basically not allowing the court to take place then would this put any County court judgment on my credit profile ?

    i have checked and they have not reported this to experian or noodle , does cineworld normally report this sort of thing ?

    thanks
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You could end up with a default, which would trash your credit file for donkeys years.

    Even if you paid up before the case came to court, I believe court costs would have to be paid by you.

    What was the dispute.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • random44
    random44 Posts: 34 Forumite
    there are no court orders as of yet. i am just asking would debt collectors take the matter to court for 60 pounds? or just leave it
    it is simply a charge for not paying them the membership fee while in contract

    no disputes etc but simply i have few problems with cineworld which drove me mad and i cancelled their DD and since then they have been running after their money. they initially chased my using debt collector after 3 month surely they cant be serious or want their money if they contact me after 3 month of not paying them and the debt collector has sent number of final notice and nothing as of yet
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Your problem, put simply, is that you have cancelled payment but not cancelled the contract
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    If you have valid grounds for complaint, which meant you stopped paying, then complain. If they fob you off likely you can take to FOS and if upheld it will will all be sorted.

    If you don't, you need to check the contract for reporting the account to CRAs. That should answer the default reporting question.

    If they can't report default to CRAs, then your court only approach may work, but they might and reasonable charges may continue to be added.
    :beer:
  • random44
    random44 Posts: 34 Forumite
    well the thing is I may have not slightly emotionaly by cancelling my DD after few verbal disputes I had thus no evidence etc so don't know if cineworld is going to chase this etc

    I am just waiting and thinking they are going to give up soon


    one question though, can companies such as cineworld which are not financial or providing anything to do with money ( simply giving you membership like gym) report your payment history to credit agencies
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.5K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.