DCA 'unannounced visit' threat.

FrustratedMoneySaver

Hello,
This is a long and slightly complicated problem and I struggled to find the right board for it but I think this is probably closest (please feel free to point me elsewhere if I've overlooked somewhere more appropriate).

I recently moved house, and from the second the van arrived to take our belongings it became obvious that I'd inadvertently chosen a cowboy from anyvan (despite it looking legitimate). The lorry and driver who arrived (4 hours late) were not the one I had booked, he had instead subcontracted the job with absolutely no consent from me, in fact he didn't even tell me this other man did! Long story short, it was not made clear who I owed the remaining payment to - the company I booked with or the one who actually did the job (illegally, the driver that delivered our good boasted to us about how he'd rigged the meter that times their driving).

When the lorry was unloaded it became clear very quickly that our sofa had not only been damaged, it was complete ruined having been sat in some kind of wet within the lorry. The covers are stained (filthy black) have footprints all over them and even a rip! There was also some minor damage to my sons bed and a wardrobe.

After receiving no response when I tried to phone the original man to discuss these issues (surprise surprise, he'd ignored my calls about issues with the van the previous day too). I made the decision to cancel the cheque, and explain that I would negotiate the remaining payment bearing in mind the damage caused - especially as I highly doubt he has the relevant insurance (the website I booked through said he did but it doesn't cover subcontracting)!

I heard nothing from him for a week, and when he did make contact it was to immediately threaten to break into my house and steal my possessions if I didn't pay 'right now.' I raised my issues about the damage and was called a liar, a rotten '!!!!!' and many other things. He then began to threaten me with 'depth' collectors. I just responded that I'd discuss it in court if need be.

Low and behold I've now received two letters from "debt collect uk" the first pretty standard, threatening litigation for non payment (they have bought the debt by the looks of the letter) the second however threatens 'if I do not hear from you you or receive funds in the coming 3 days either myself or one of my agents will attend unannounced at your office with a view of serving you with documents of litigation.'

Firstly - surely they realise they cannot attend without an appointment and threatening to do so is therefore pointless, secondly - IF they take it to court, can I enter my defence of damage to my goods even though they are a third party not the original claimant? They are of course adding 'costs' by means of daily interest at '8% above base rate.' I'm not sure these are legal?

I have signed no contract with the original service provider whatsoever I don't know if that makes a difference?

I will probably go to the cab for advice when they open on Tuesday, but I would appreciate a bit of advice beforehand for peace of mind. I'm more than happy to pay what's outstanding, but only taking into account the cost of replacing the damaged items, I feel that's reasonable given his lack of insurance proof?

Many thanks

happy_bunny_2

No expert here, but here are a few thoughts:

I would think that any judge in their right mind would see what shoddy service you received. I guess this would be a small claims court issue.

How can they add interest if you never signed an agreement with terms and conditions etc?

Report the original guy to the police as threatening to break into the house is a crime? I would also mention the driver of the van admitting to fixing the driving meter. you have the reg number?
Also useful to have some evidence of this if it ever went to court.

Report them to your local trading standards. Especially about lack of insurance and threats.

Should not be any way they can trash your credit file for this, at least before any court hearing but probably not at all.

ValHaller

Your contract is with whom you originally contracted the job. Not with whoever did it.

In your position, I suggest writing ASAP, acknowledging the letters from debt collectors and making a claim for your losses. Dot forget to mention that the courts are the place to resolve these disputes and tomention the threat to break in. This places it on record early on, so that you have something in place to cover this should it go to court.

FrustratedMoneySaver

happy_bunny wrote: »

No expert here, but here are a few thoughts:

I would think that any judge in their right mind would see what shoddy service you received. I guess this would be a small claims court issue.

How can they add interest if you never signed an agreement with terms and conditions etc?

Report the original guy to the police as threatening to break into the house is a crime? I would also mention the driver of the van admitting to fixing the driving meter. you have the reg number?
Also useful to have some evidence of this if it ever went to court.

Report them to your local trading standards. Especially about lack of insurance and threats.

Should not be any way they can trash your credit file for this, at least before any court hearing but probably not at all.

I have already spoken to the police about the threats and the vile abuse he threw at me and was advised to just wait and report any further harassment, of which there's been none.
We didn't get the van reg but we did tell the police what they'd done and give them the company's details.
All the threats were via text message so I have physical proof of what was said, and the number is on the company website proving that it came from them.

We'll certainly look into trading standards but I wasn't sure if they were the appropriate body to complain to.

Thanks for your advice both, I'll get a letter written up for the DCA making a counter claim and advising that this defence would also be brought in court.

matttye

FrustratedMoneySaver wrote: »

I have already spoken to the police about the threats and the vile abuse he threw at me and was advised to just wait and report any further harassment, of which there's been none.
We didn't get the van reg but we did tell the police what they'd done and give them the company's details.
All the threats were via text message so I have physical proof of what was said, and the number is on the company website proving that it came from them.

We'll certainly look into trading standards but I wasn't sure if they were the appropriate body to complain to.

Thanks for your advice both, I'll get a letter written up for the DCA making a counter claim and advising that this defence would also be brought in court.

You should send THEM a "letter before action" in response, with a view to taking them to court if they don't pay up, along with some compensation for the trouble and your time.

Your sofa was probably worth more than the service you paid for, am I right?

Bear in mind you'll take the original company to court, not the DCA.

FrustratedMoneySaver

Oh. My. God. I've now been sent a letter telling me that if I don't pay the full amount immediately they will issue a statutory demand and file for my bankruptcy.

How do I dispute this debt, what on Earth do I do now? I'm more than happy to contest the amount in court due to my previous explanation, but would a court for bankruptcy even listen to that?!

Help!! Please!!

fermi

If they send you a statutory demand and the debt is disputed, then you simply make an application to the court to have the demand set aside. Assuming successful, that would prevent them presenting a bankruptcy petition.

Threatening a SD is likely just a scare tactic anyway. If the debt is genuinely disputed, then they would be very stupid to try it.

fatbelly

Tw previous posters have suggested that you should initiate court action for damages caused by negligence.

You have talked about a counterclaim.

A statutory demand can be issued without a court judgement so you would not get the opportunity to counterclaim.

I also think you should issue a letter before action, state how much your losses are, and then start an online claim.

But this is really a consumer issue, not debt, and not really my field. Consumer direct was taken over by CAB and there's still a helpline if you want to run this past them.

http://www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_citizens_advice_consumer_service_e/if_you_need_more_help.htm

FrustratedMoneySaver

Thanks very much, as I said I do apologise if this is in the wrong place.

sourcrates

Hi,
Its likely this is just a scare tactic, last time I looked it cost over £400 for someone to petition for/or be petitioned for bankruptcy, these clowns are seriously trying it on hoping you will cave in, they are not going to spend that kind of money in order to make you pay, I simply cant believe this sort of thing can still happen when you have a genuine dispute about the amount owed, I may of missed this part previously, but have you written to them advising them this is in dispute ?, once you have done that this should be returned to the original creditor, if you can call them that, you really need some expert advise here my friend, I am just a keen amateur and someone with better legal knowledge needs to be consulted, have you tried the CAB ? or the office of fair trading ? or even your local council trading standards office ? not sure under whos remit this would fall, but try em all and see, good luck my friend.

fermi

sourcrates wrote: »

Hi,
Its likely this is just a scare tactic, last time I looked it cost over £400 for someone to petition for/or be petitioned for bankruptcy,

Nowadays it is £920 + solicitors costs. :shocked: