Final demand letter from debt recovery...no previous demands?!

SpagBol

UPDATE

I sent an email over 2 weeks ago and the same as a hard-copy by first class recorded 2 weeks ago (the above template) but have had no reply.

What do I do? Will it be possible for them to still take me to court now that I have sent the above letter?

Many thanks

happy_bunny_2

They can take you to court whenever they like. You will get forms which you can defend the case. So doesn't mean they would win.

It's not going to look good on them if they are messing you around, should it go to court.

Chances are they are still scratching around for some evidence.

Just keep a diary of events and what you sent and received (or didn't receive). In case it's needed later.

ValHaller

SpagBol wrote: »

U
What do I do? Will it be possible for them to still take me to court now that I have sent the above letter?

You do nothing. Just let them stew.

Yes, it is possible for them to take you to court, but that was possible for the entire previous 2 years. If they do take you to court, well at the moment they have produced no evidence, just made an assertion, so court is much less of a bother than if they had replied.

Just sit tight. As soon as they come back with anything, you need to check it through and if it is right, you make a 'without prejudice' offer of regular payments - which will make court quite unlikely because if you plead reduced circumstances a court might order lower payments

SpagBol

Thanks both of you, it seems awful that this can just hang in the air until they make a move, I could do without it at the moment

Your advice is fabulous as ever, I will sit tight and see what (if anything) happens.

SpagBol

They've replied! All they've got to show me is a bill dated 2013 so I think it must all be a mistake. They are looking into it.

They told me (in very horrible language!) that I was using the wrong lingo by mentioning credit agreements because it is not a credit debt, what letter should I have sent for them to prove a "breach of contract" type of debt because I suspect they don't have any proof of this but will try to use a 2013 bill for a 2011 alleged debt...I'm so confused and stressed over this and being heavily pregnant I could do without it

Again thanks to all of you for your help.

ValHaller

SpagBol wrote: »

They've replied! All they've got to show me is a bill dated 2013 so I think it must all be a mistake. They are looking into it.

They told me (in very horrible language!) that I was using the wrong lingo by mentioning credit agreements because it is not a credit debt, what letter should I have sent for them to prove a "breach of contract" type of debt because I suspect they don't have any proof of this but will try to use a 2013 bill for a 2011 alleged debt...I'm so confused and stressed over this and being heavily pregnant I could do without it

Again thanks to all of you for your help.

Do not take advice from people chasing you for a debt. Now roughly what did you ask for? A credit agreement?

You should be asking for proof of the debt and you should be asking for a complete statement of nursery charges incurred and a record of payments.

SpagBol

ValHaller wrote: »

Do not take advice from people chasing you for a debt. Now roughly what did you ask for? A credit agreement?

You should be asking for proof of the debt and you should be asking for a complete statement of nursery charges incurred and a record of payments.

Yep I sent an email to the debt recovery company asking for the original contract and debt proof. Also proof that they sent the bills before as I have no recollection of them and they are claiming we have ignored bills. The bill they have sent through states "Accounting period Aug 2013-sept 2013" and we haven't used this nursery for over 2 years.

Yes I asked for a copy of the things asked for in the pro-forma kindly posted by someone up-thread.

ValHaller

SpagBol wrote: »

Yep I sent an email to the debt recovery company asking for the original contract and debt proof. Also proof that they sent the bills before as I have no recollection of them and they are claiming we have ignored bills. The bill they have sent through states "Accounting period Aug 2013-sept 2013" and we haven't used this nursery for over 2 years.

Yes I asked for a copy of the things asked for in the pro-forma kindly posted by someone up-thread.

If it was spacey's proforma it is well meant but unfortunately it seems designed to be obstructive rather than to deal with the matter cleanly

spacey2012 wrote: »

FAO : Daniel Silverman : Your recent demand/ claim for payment.
Please provide proof of claim for your speculative demand in writing within 14 days or I shall close the matter .
(this is unnecessarily inflammatory, at this point it seems at worst mistaken, but you are less than 100% certain it is paid, so no need to go in quite so hard, particularly if it means you have to eat your own words)
Examples of proof of claim accepted :
Signed Credit agreement.
Signed Service agreement.
(The above are irrelevant for the moment, unless a dispute arises about the terms and conditions since you are not disputing that you did send your child to the nursery)
Certified and fully taxed (broken down) payment accounts.
(This is unhelpful obfuscation - it appears to be ripped off from a letter relating to court costs awards, given the use of the word 'taxed'. you should be asking for a complete statement of nursery charges incurred and a record of payments)
These must be forwarded within 14 days by postal service or I shall close the enquiry due to lack of proof of claim .
(The 14 day limit is superfluous - they have 6 years to make their claim)
Yours PRINTED NOT SIGNED.

The outcome is not surprising in that they tell you off for what you wrote and perhaps it is a lesson about using proformas without thinking it through.

Just write again and ask for a complete statement of nursery charges incurred and a record of payments. The 'bill' for "Accounting period Aug 2013-sept 2013" is probably just a monthly statement. You need the statements for the period over which you were using the nursery.

sistafromanothermista

SpagBol wrote: »

Yep I sent an email to the debt recovery company asking for the original contract and debt proof. Also proof that they sent the bills before as I have no recollection of them and they are claiming we have ignored bills. The bill they have sent through states "Accounting period Aug 2013-sept 2013" and we haven't used this nursery for over 2 years.

Yes I asked for a copy of the things asked for in the pro-forma kindly posted by someone up-thread.

Hope you get the outcome you're looking for SpagBol. Who cares how you asked for it, well done for getting to grips with sorting the problem. Good luck with the new baby and don't get yourself too stressed. :j

SpagBol

ValHaller wrote: »

If it was spacey's proforma it is well meant but unfortunately it seems designed to be obstructive rather than to deal with the matter cleanly


The outcome is not surprising in that they tell you off for what you wrote and perhaps it is a lesson about using proformas without thinking it through.

Just write again and ask for a complete statement of nursery charges incurred and a record of payments. The 'bill' for "Accounting period Aug 2013-sept 2013" is probably just a monthly statement. You need the statements for the period over which you were using the nursery.

Yes well this was clearly an error to trust a post on here but I will still come on here for help because in general it works very well. I don't know it all, that is why I need to come on here! At least they have sent me what they have and are looking into it.

I agree I need the statements from when I used the nursery, that's what I've asked for now.