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

waamo

If trustonline says you haven't got a ccj then they are telling big, fat porkies. Tell them you require the case number of the ccj and a scanned copy of the judgement. Tell them to treat it as a Subject Access Request so they are obliged to disclose this information. Inform them that they will be reported to the ICO if the do not comply.

As I said earlier email the data controller of the clowns that employed them and demand all the information they hold on you.

dmb_moneymatters

Thanks, in my letter to the DCA I had already requested that they send me all the details of the CCJ along with the claim No', they have ignored that request and have continued to send  a email to me this afternoon as follows :
" 

Your creditor has drawn our attention to your email to him of 20/11/2019. No doubt you will want to explain to any referee how it evidences any dispute at that stage!! We quite often find that debtors only find a complaint AFTER being asked to pay.

Hi Peter,

I have been speaking with " xxxx I have removed name of my ex employer at present " to see how this can be resolved.

So sorry for the fact WPA are withholding payment 

Kind regards

" my name " 

Our own (admittedly unsolicited) view is that you have just not quite understood the position and that you are unfortunately wasting people’s time and that in the face of the damage to your credit record.

Wilkins Hope & Co

Accountants

POBox  2960

London N.W.3 7HX

Tel:  0208 455 7259 

WilkinsHopeWilkins@gmail.com

ICO: ZA307980 " 

I am truly flabbergasted at their means to obtain payment, I have also sent an email to the Doctor just in case he wasn't aware of how this is spiraling just in case it was his team that sent out the instructions to the debt collector without understanding this wasn't my debt. In my letter to the doctor I asked that whoever is picking up this email they make the doctor aware of how far this has gone. 

It is quite unbelievable that we can use a private health care and just a drop of a whim it be taken away and the patient is left with the debt, this cannot be legal at all and must be stopped as this can have serious ramifications on all levels 
Again, any support would be greatly appreciated.   

sourcrates

What a load of tosh, that email is laughable, whoever wrote it has been sniffing something.
Its full of utter rubbish, I would email them back, tell them this is their last chance to cooperate with you, ask for details of this judgement (again) as you (A) never received a letter before action, and (B) never received a claim form, both are breeches of the civil procedure rules.

If this judgement does exist, you will be seeking a set aside motion pertinent to the following points, (A) a total lack of due diligence in following the civil procedure rules, breeches of protocol, and GDPR, and (B) the fact I don’t owe the money.
I have both reasonable grounds, and a defence with a reasonable chance of success to obtain a successful set aside.

waamo

Did you tell them to treat your request for the claim number as a Subject Access Request using those exact words? If not do so. It is a legal requirement that they provide that information and failure may result in a fine from the ICO. Read about it here https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/

I would also make a report to the ICO. They state they have this information so they should show it. 

dmb_moneymatters

Thank you 

dmb_moneymatters

Following on from my email to the the debt collecting company, they have sent me some form of what they call is the court claim and copy of the judgment which doesn't have a Northampton letterhead,you will notice on one of the documents they have listed my address as 29 xxx instead of 79 xxx possibly a deliberate error and another form of intimidation to get me to think that a CCJ has been awarded to me and for me to pay.

I am quite at my wits end on how to stop this harassment, they once again have completely ignored my notice to them that a complaint has been raised and is being investigated and to stop all activity until it is concluded. 
.
Content of the judgment reads as follows :
Judgment Claimant XXX 
Mr XXX Defendant Ms XXXX Judgment Type The defendant has not filed an admission or defence to my claim.
Judgment Details Immediately
Amount of claim as admitted £210.00 Court fees shown on claim £25.00 Amount payable by defendant £235.00
.
Content of the court claim reads as follows :
Claim number XXXX
Issue date 23/03/2020
Reference Amount claimed £210.00 Court fee £25.00 Total amount £235.00 
Claimant XXX 
First Defendant XXX 
Particulars of Claim The Claimant,
a therapist, treated the Defendant at The Priory and on 30/10/19 submitted his fee note therefor in the sum of £255. Despite regular demand £170 of that sum remains unpaid AND THE CLAIMANT CLAIMS £170 together with reasonable costs of collection, £40. The total amount claimed is £210.
Details of claim
Amount claimed £210.00
Court fee £25.00
 Total amount £235.00 


it goes without saying I have never received the above documents (if they even exist) not sure on what I can do here as they keep insisting I should pay before the bailiffs instructed again. 
Any advice, would be greatly appreciated.

SpreadableToast

dmb_moneymatters said:

Following on from my email to the the debt collecting company, they have sent me some form of what they call is the court claim and copy of the judgment which doesn't have a Northampton letterhead,you will notice on one of the documents they have listed my address as 29 xxx instead of 79 xxx possibly a deliberate error and another form of intimidation to get me to think that a CCJ has been awarded to me and for me to pay.

I am quite at my wits end on how to stop this harassment, they once again have completely ignored my notice to them that a complaint has been raised and is being investigated and to stop all activity until it is concluded. 
.
Content of the judgment reads as follows :
Judgment Claimant XXX 
Mr XXX Defendant Ms XXXX Judgment Type The defendant has not filed an admission or defence to my claim.
Judgment Details Immediately
Amount of claim as admitted £210.00 Court fees shown on claim £25.00 Amount payable by defendant £235.00
.
Content of the court claim reads as follows :
Claim number XXXX
Issue date 23/03/2020
Reference Amount claimed £210.00 Court fee £25.00 Total amount £235.00 
Claimant XXX 
First Defendant XXX 
Particulars of Claim The Claimant,
a therapist, treated the Defendant at The Priory and on 30/10/19 submitted his fee note therefor in the sum of £255. Despite regular demand £170 of that sum remains unpaid AND THE CLAIMANT CLAIMS £170 together with reasonable costs of collection, £40. The total amount claimed is £210.
Details of claim
Amount claimed £210.00
Court fee £25.00
 Total amount £235.00 


it goes without saying I have never received the above documents (if they even exist) not sure on what I can do here as they keep insisting I should pay before the bailiffs instructed again. 
Any advice, would be greatly appreciated.

The way to stop it would be to pay it.

I don't agree with their practices and I think it's laughable they're using a Gmail account but all this over £215?

I thought you'd been hit with a doctors bill for thousands, not a couple of hundred quid.

Pay the bill, raise a complaint with the DCA and if you get no joy from it take it to the FOS.  But stop ignoring the debt.  Sourcrates is, unfortunately, taking you down the wrong path by telling that focusing on the DCAs actions is a winner.  It isn't.  They're using you in their own little crusade against naughty DCAs.  Let them fight that battle on their own.

You have a contract with the doctor and the insurance company. The doctor does not have a contract with the insurance company.  You are liable for the debt owed for your treatment and the insurance company is (probably) liable to reimburse you for it.  Pay the debt and chase the insurance company and perhaps report the DCA.  That is the sensible course of action.

twhitehousescat

pay what ? a made up number , untill proof of a CCJ all fignres above the origional (was it 175) are speculative 

no money should be paid untill full papertrail has been checked over 

dmb_moneymatters

I have now spoken to the Northampton Bulk Centre who have confirmed there was an award made against me back on the 15th April, however they have my address as 29 instead of 79, so as it stands I now have a CCJ against my name for a debt that does not belong and had no opportunity to defend my case because the papers were sent to the wrong address. 
The court has now said I am able to do an application to set a side at a cost, which of course needs to be paid, however the question is now do I now pay the debt collecting company and fight for a refund and justice ?

waamo

If you pay you will have a ccj against you. Paying will have it as marked as satisfied but does not remove it.

The fee for a contested set aside is £255 which you get back if you win. If you are willing to pay it but want the ccj removed you can apply for an set aside with consent. All parties must agree to this and it costs £100 but you don't get it back.