Ex employer/ insurance fail to pay outstanding invoice leaving debt collecting pursuing patient

dmb_moneymatters

The insurance company had explained the process to me before I contacted the doctor, which was for me to contact a doctor from their approved list of doctors to use, from thereon it was for the doctor to invoice the insurance company which was being done and the doctor had been paid for all the previous sessions I had had.
I had not taken it upon myself to find my own doctor and then ask for the insurance company to pay for it, quite the opposite.

sourcrates

That letter is outrageous and contravenes fair debt collection practices.
I would lodge official written complaint to DCA, escalate to FOS.

I would also report them to the FCA as well.
First Credit dabbled in such things a few years ago, they were fined heavily, had there licenses revoked, and had to start up again under a new trading name.
Cost them millions.

waamo

You can check the official register of ccjs here https://www.trustonline.org.uk/ there is a small fee but it will tell you for certain if there is a ccj against you. It may be useful to also check the free credit rating services.

That letter is absolutely outrageous and this kind of practice needs stamping on hard.

dmb_moneymatters

sourcrates said:

That letter is outrageous and contravenes fair debt collection practices.
I would lodge official written complaint to DCA, escalate to FOS.

I would also report them to the FCA as well.
First Credit dabbled in such things a few years ago, they were fined heavily, had there licenses revoked, and had to start up again under a new trading name.
Cost them millions.

Thank you, I have been told by various bodies that the letter is outrageous and wrong and I will be be escalating this issue at a later stage, however my issue  / question is the actual debt it's self.
How do I resolve this issue with the actual debt that does not belong to me, I am not the policy holder with the insurance company so there are alot of grey areas, what can I do to stop the debt collector pursing me ? 

sourcrates

All depends if what they say about the CCJ is true or not, as I said before, they are only a debt collector, they can’t instigate legal action unless the client instructs them to do so.

There is a process to follow to achieve that.

A simple “prove your claim” letter can take care of the debt collector, have you had a letter before action, or a claim form in the post ? They obviously have your correct address, which is why I think the CCJ is a bluff.

How you deal with this depends 100% on wether the CCJ is real or just a bluff.

If they are bluffing, send the provit letter available from the sticky section on debt free wannabe.
If however judgement has been granted against you, then you must first deal with that by obtaining a set aside.

One step at a time though, find out if there is a judgement first.

dmb_moneymatters

sourcrates said:

All depends if what they say about the CCJ is true or not, as I said before, they are only a debt collector, they can’t instigate legal action unless the client instructs them to do so.

There is a process to follow to achieve that.

A simple “prove your claim” letter can take care of the debt collector, have you had a letter before action, or a claim form in the post ? They obviously have your correct address, which is why I think the CCJ is a bluff.

How you deal with this depends 100% on wether the CCJ is real or just a bluff.

If they are bluffing, send the provit letter available from the sticky section on debt free wannabe.
If however judgement has been granted against you, then you must first deal with that by obtaining a set aside.

One step at a time though, find out if there is a judgement first.

Thanks, my gut says they are bluffing because I have checked already with Trustonline back on the 15th July and it came back with no CCJ, I have also checked my credit score with Experian and again no CCJ raised against me currently.
I have called Northampton Court however they couldn't tell me with just my name and address if a judgment had been awarded against me without a claim number, which I don't have. I was never sent a letter of intention, nor a pack to defend the case or a confirmation letter from the courts to confirm the outcome.  
I am at my wits end as I know bailiffs can start activity in mid August and am fearful they will come knocking at my door,  clamp or take away my car. 
I will search for the provit letter you have mentioned and see if this will be suffice. 

sourcrates

Don’t panic, no CCJ means no bailiffs, you can’t engage one without the other.
A locked door keeps them out, parking your car in Morrisons or other car park close to you avoids a clamp.

Looking on their website it says “we use robust methods to help our clients” that’s debt collector speak for flouting rules and regs and telling outright lies.

sourcrates

Letter available here

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

waamo

I would also send a Subject Access Request to who ever employed these clowns. Ask for any and all data pertaining to yourself that they have on file. Tell them you want everything that contains your name and/or address. That will show what information they have on you and all the correspondence on file including any letters warning of court proceedings.

dmb_moneymatters

So, after sending the DCA  the provit letter this afternoon, this is the response :   

WilkinsHopeWilkins@gmail.com

ICO: ZA307980

28/07/20  

Dear Madam,

.

We thank you for your carful and detailed email below.  It is disappointing that this is your first communication since we were first instructed 5/2/20. On 15/4/20,  failing th least communication from you, judgment was entered against you.  The Court advised you. It is not disputed. Accordingly the contents of your email are not relevant to our present involvement. 

.

There is a court order that you pay £235 and you are failing to comply. We are instructed to collect. 

.

You must pay that sum or some substantial instalment by noon on Friday to our account:

For BACS trfr

Barclays, Mayfair Branch

51 Berkeley St, W1J 8NL

MAYFAIR Leicestershire, LE87 2BB,

Wilkins Hope & Co

XXXXXX

A/c number XXXXX

put payer's name as reference  

You should be aware that the entry in the Register of Unsatisfied County Court Judgments will prejudice your credit and indeed that of anyone at your address, which latter having been confirmed, failing receipt of the sum due, bailiffs will shortly be instructed. It may be appropriate to warn neighbours.

T/f

W/H "

To all I have deleted the sort code and their account number so to not breach data protection, and I have also not corrected all the spelling mistakes.

I ask the forum, if anyone has any further advice on this as they are using very aggressive wording with stating that I must pay before Friday (although they don't mention which Friday) although can presume Friday 31st July !