Recording of telephone conversation with permission

emmajones1976

melb said:

thanks for further replies.  So do you have to go through some legal process before you can instruct a debt collector?  We have had a flurry of emails from him today one of which made us think he was going to pass all information to them.  As soon as we received his invoice with 'payment due on receipt of invoice' and 'late payment charges will be incurred after 3 days' we feared he was a bully.  We have sent him a well considered sum of money for the work carried out and expect a further flurry of activity this evening

The term "debt collector" is a term bandied around to scare people. In reality, the only "debt collector" who can enter your home is a High Court sherriff, which only happens once a CCJ is awarded, and for that to happen he will have to go through the small claims procedure.

What he is talking about doing is selling the debt onto another company like Lowells who have the power of a wet flannel, who would not be able to get a penny out of you unless THEY went and applied for a CCJ either. At which point they would have to prove a valid debt exists. In fact you can ask the company to prove a valid debt exists before it even got to this point by sending them a "prove it letter".

Ask yourself if all the above is likely or his claim of recording calls is merely a poor attempt to scare you into paying up.

emmajones1976

Of course, given the above, I dont know this electrician from Adam, its perfectly feasible the debt collector in person is Big Dave from the pub who could send some heavies round to do you over. 

the_lunatic_is_in_my_head

How much of the £256 did you pay?

Did you get anything in writing regarding the cost of the work or on your right to cancel?

I may not be correct so somebody else might clarify, I don't believe interest can be added to the invoice but I think a court can award interest at around 8%.

user1977

melb said:

thanks for further replies.  So do you have to go through some legal process before you can instruct a debt collector?  We have had a flurry of emails from him today one of which made us think he was going to pass all information to them.  As soon as we received his invoice with 'payment due on receipt of invoice' and 'late payment charges will be incurred after 3 days' we feared he was a bully.  We have sent him a well considered sum of money for the work carried out and expect a further flurry of activity this evening

The only meaningful "activity" would be going to court. Debt collectors have no more and no less power than the creditor themselves.

elsien

melb said:

thanks for further replies.  So do you have to go through some legal process before you can instruct a debt collector?  We have had a flurry of emails from him today one of which made us think he was going to pass all information to them.  As soon as we received his invoice with 'payment due on receipt of invoice' and 'late payment charges will be incurred after 3 days' we feared he was a bully.  We have sent him a well considered sum of money for the work carried out and expect a further flurry of activity this evening

Nope. Anyone can instruct a debt collector who may or may not tell you all sorts of porkies to make you at up. Most likely will in various flurries of letters and calls. 
However any legal enforcement powers are gained by going to court and winning a case againsst you. Neither of which are guaranteed to happen. 

Sandtree

melb said:

thanks for further replies.  So do you have to go through some legal process before you can instruct a debt collector?  

No, anyone can pass a debt on to a collector or even sell it on to a collector if they prefer that. A regular debt collector has no more powers to get you to pay than a regular person or the original business but they sound more scary and are well practiced in getting money out of people.

Once its been through the courts and a judgement has been made against you then other types of debt collectors can start getting involved and they do start to have more powers... exactly what those are depends on the level of the court involved. Often same companies offer the different types of services and so you may deal with the same person with different hats on... when they are acting as high court enforcement officers then they start having material abilities to enter your property uninvited, take your possessions without consent etc.  Debt needs to be a material size to be able to take it to the high court though so dont get overly worried!

melb

thanks so much for all your further replies, I appreciate your time.  We have sent a payment of £120 plus VAT.  It turns out the debt recovery agency are debtrecovery@(name of company who did the work) so I'm looking forward to a further flurry of emails from them!

Ergates

Have you asked to be sent a copy of the recording?  If, has he claims, it shows that you agreed to the amount, then that would resolve the issue and he would have no reason not to send it.

If he refuses to send it then he is probably lying - either about having it or about what it contains.

emmajones1976

melb said:

thanks so much for all your further replies, I appreciate your time.  We have sent a payment of £120 plus VAT.  It turns out the debt recovery agency are debtrecovery@(name of company who did the work) so I'm looking forward to a further flurry of emails from them!

There we go then, an absolutely meaningless threat.

So have you now paid them in full? If not, what is the amount being quibbled over?

pinkshoes

Perhaps point him towards the Data Protection Act in the UK:
https://www.callcentrehelper.com/data-protection-act-and-call-recording-57146.htm

I'd also do a SAR requestion for the copy of the audio file:
https://www.which.co.uk/consumer-rights/advice/how-do-i-make-a-subject-access-request-sar-a6axO2u2RKof

The whole debt recovery thing is just a bluff though to get more money. Remember not to use this moron again!