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Payment demans and tracing services

Hello,


I have another post regarding debt collection letters which I am ignoring as per the advice given. This time from Debt Recovery Plus Ltd.


However I have a new one now which clearly states "Demand for payment" my first question is can they actually demand anything? As I understand they cant 'demand' but politely ask so is this legal?


Secondly it states that the information they had was incorrect which it was and have "utilised a tracing service which has provided the above new address as your most current address" again are they legally allowed to do this or does this need some form of court agreement?


Thanks


James
«1

Comments

  • Fruitcake
    Fruitcake Posts: 59,491 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hello,


    I have another post regarding debt collection letters which I am ignoring as per the advice given. This time from Debt Recovery Plus Ltd.


    However I have a new one now which clearly states "Demand for payment" my first question is can they actually demand anything? As I understand they cant 'demand' but politely ask so is this legal?


    Secondly it states that the information they had was incorrect which it was and have "utilised a tracing service which has provided the above new address as your most current address" again are they legally allowed to do this or does this need some form of court agreement?


    Thanks


    James

    If this latest letter is for the same parking incident as your other post, you should keep them all in the same thread, not start another one.

    Debt collectors have absolutley no power whatsoever. I can demand that you read my post, but there is no law that says you have to. The same applies to debt collectors.

    I don't know about the lawful nature of tracing someone, but it is irrelevant since you should be ignoring them. They are trying to intimidate and make you question your actions. Don't do it. Just keep ignoring them as you have already been advised to do.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • AltheHibby
    AltheHibby Posts: 733 Forumite
    Eighth Anniversary Combo Breaker
    Speaking as an accountant (sorry!), they can "demand" anything they like. However, with PPCs, and especially debt collectors, treat the demand as you would a demand from a screaming toddler. :-)
  • HO87
    HO87 Posts: 4,296 Forumite
    Many people say that debt collectors serve no purpose. I disagree. The HO87 Jnr's discovered some years ago that their letters (addressed to a previous occupant), when shredded, made excellent hamster bedding.

    One would have thought that as the letters were based entirely on BS that they wouldn't have been capable of absorbing any more. Au contraire - they were very absorbent it seems, soaking up all the urine and faeces the little balls of fluff could produce. How appropriate.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • morpheus83uk
    morpheus83uk Posts: 63 Forumite
    edited 22 June 2015 at 5:20PM
    Thanks for the replies I have since got another letter from DRP stating Notice of intended court action - unpaid parking charge

    Is this actually what it says on the tin or something else to ignore? Are Excel going to actually try and take me to court if I ignore this letter?

    It states "To prevent this case being passed to the creditors solicitor to commence court proceedings you must pay the full amount..."

    I presume they cant pass it to the creditors solicitor but only recommend but I don't know. Hence I am checking here...

    Thanks

    James
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    They are lying. Excel taking it to court is the very last thing DRP wants because then DRP wouldn't get a penny.

    Excel does try the odd court case themselves but it's very, very rare.
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    They can pass it to who they want, but only the claimant can instruct a solicitor to act for them.

    All bluff and bluster so far and we don't need to hear about any other threatograms unless one comes from court - (Usually Northampton).

    Chill till then.
  • Thanks for the replies sorry its take a while to reply.

    The reason for my asking is firstly to ensure what I thought was correct and secondly Excel seem to be transferring this debt quite a lot as soon as one collector stops with the letters another about a week later. Is this normal or does this seem like it would go to court?

    I know that its normal to transfer the debt to different suppliers to try and recover the debt over time however this many seems a bit much since when they put the debt out to Newelln the first time it was around 6 months before I heard anything again and it seems a bit none stop at the moment.

    Thanks

    James
  • Grimble
    Grimble Posts: 455 Forumite
    Eighth Anniversary 100 Posts
    It is the same debt collectors using different names.
  • Ah that would explain it then.

    Thanks for letting me know.

    James
  • HO87
    HO87 Posts: 4,296 Forumite
    And the debt will not be being transferred. Excel are simply paying a small fee for letters to be sent out. This is standard DCA fare - switch the source from whom the demands originate as often as possible so as to create a sense of pressure. There's no pressure once you understand the way it is being used.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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