Debt collector driving me crazy

Chesnut1

Can anyone please help. Summer 2006 when I was housebound I ordered 2 pairs of shorts form a company for about £40 pounds. They never arrived just more catalougues. But throughout the summer I kept getting invoices asking for payment. I phoned them on various occasions to state no goods but they are adament they were delivered and signed for they think electronically. Eventually all whent quiet then at xmas 06 letter from debt collector who I phoned told them the details and they said the would investigate. Throughout 2007 I have recieved many letters from them and it has now escalated to £150 pounds. Everyday they phone and I am not answering now as they are quite obnoxoious, now they are getting a court summons and they have visited my home ( which they have not as I was in on these dates) anyway throughout the year I have been in hospital many times so have not been able to keep track of this. I did not mind paying IF I had recieved the goods. I have no income as I am sick and not working and no benefits as my partner is just over the threshold but we are struggling. I am not even at home enough to sort this as although I am recovering from cancer my mother now has it and I am her unpaid carer as she cannot get help either so far. What do I do it's not as if I can pay these day light robbers I have no money no income and no chattels of my own. Sorry this is so long any ideas? Many thanks.

itsnever2lateisit?

You need to write to them RECORDED DELIVERY stating that the goods were never received, and as the original supplier claims it was delivered ask for proof of delivery, refer to your previous calls, and inform them that you do not wish to be contacted by phone, and that as the debt is in dispute they cannot persue you until your quieries are answered.

Whatever you do, dont communicate by phone

Chesnut1

Many thanks for your reply. I did try this last summer but I was ignored and as to the registered letter the phantom scribbler signed for it as know one knows who it was. I shall try this approach again and see if it works this time. God knows if I still have the details somewhere with all this upheaval but it is worth a try. Thank you.

itsnever2lateisit?

Jst another thought, dont sign the letter with your signature, you never know what they might try

angelavdavis

You do not need to pay this bill for undelivered goods - the company could have easily claimed on their insurance many months ago but their incompetence has led this to a ridiculous stage.

Did you send the other correspondence recorded delivery? Do you have proof of delivery? Even if they don't recognise the signature - that's their problem not yours!

If you do have all the proof and have clearly tried to inform them of non-delivery, I suggest you let them take you to court as it is likely to be kicked out.

As itsnever2lateisit? says, I would firstly write a letter and send RECORDED DELIVERY (keep a copy and keep the record of posting), a suggested format is below:



Dear xxxx

Ref: <<<Order ref details>>>

With regard to the above order and your continued accusations about my non-payment for these goods.

I confirm once more that these items were not delivered to my address and that I did not sign for such items. Your continued insistence that I signed for these items have never been proven by yourself.

I also confirm once more that I have made several attempts to contact you to let you know of this fact, but you have continued to harass me regarding these goods which were never supplied to me.

leter dated xxxxxx
phone calll xxxxxxxxxxx
letter dated xxxxxxxx etc etc

Regardless of my continued attempts to deal with this matter, you have escalated this issue to a debt collector who is now, with the addition of their charges, demanding £150. This collector has been continuously harassing me about this debt via letter and telephone, regardless of my referring them back to you and explaining the situation.

Although I have provided you with adequate time to resolve this situation, I will provide you with a further 28 days to investigate this matter fully and respond to this letter to confirm that you will be revoking the demand for payment and informing your agent accordingly.

If, after this time, I receive no correspondence from you and receive further demands from payment from your company or any agency acting on your behalf, I will be referring this matter to Trading Standards and reporting the debt collection agency to the Office of Fair Trading for breaching the regulations surrounding harrassment as it has caused me much personal distress.

Please note that this letter does not constitute admission of ownership of a debt to your company.

Yours faithfully
______________________

If you don't feel that you can handle this on your own, please go to CAB or consumerdirect who can support you through this.

Once 28 days have passed from the date sent, you then need to send a further letter, detailing as much information as possible to your Local Trading Standards office and also report the debt collecting agency to the Office of Fair Trading (see www.oft.gov.uk)

With regard to them visiting your home, they won't. They cannot gain entry or seize goods without a court order and you are not at that stage yet.