Debt collectors now charging me for failing to collect debt

Jmoo

Hello

I've been trying to retrieve a debt off some neighbours who owe me £1000. I got as far a writ from the courts through Court Enforcement Services (which I paid separately for) and provided instructions when best the neighbours would be around to hand over paperwork. But they have mostly ignored my instructions.

I pointed out that they take long holidays around school breaks, and expected them to work around this given they asked for advice at the start to make contact.

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there.

They now tell me they don't take this into account and it's up to the enforcement officers to decide their own schedules.

As they didn't make contact over the last year, they are suggesting they have moved away, and have done a trace of their address. 

I made it clear that they hadn't - and I had seen them down my street - but they simply said the traces hadn't picked up any other address.

Now I've received a bill for their services saying they won't take it any further, and requesting payment in the next few weeks.

I put in a complaint which went unreplied, and when I said correspondence was poor, they said they'd read it all even if they hadn't replied to it all.

Do I have any option to go any further with my complaint or should I just pay up and accept it was a useless avenue?

fatbelly

Not like the tv programmes, is it?

I thought to use a HCEO, you paid up-front and then were reimbursed if they collected

So what exactly is this latest invoice for?

Jmoo

fatbelly said:

Not like the tv programmes, is it?

I thought to use a HCEO, you paid up-front and then were reimbursed if they collected

So what exactly is this latest invoice for?

I paid up front for the high court writ, they've invoiced me for the services because they didn't retrieve the debt.

Which I don't dispute in principle, but knocking on the door when I've already told them they won't be in, is pretty easy money and hasn't achieved anything. It's taken them a year to decide that. 

eskbanker

Jmoo said:

I got as far a writ from the courts through Court Enforcement Services (which I paid separately for) and provided instructions when best the neighbours would be around to hand over paperwork. But they have mostly ignored my instructions.

I pointed out that they take long holidays around school breaks, and expected them to work around this given they asked for advice at the start to make contact.

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there.

They now tell me they don't take this into account and it's up to the enforcement officers to decide their own schedules.

Did they at any point suggest otherwise?

fatbelly

Did they set out in advance what they would be charging you? There has to be a contract to which you agreed

Jmoo

fatbelly said:

Did they set out in advance what they would be charging you? There has to be a contract to which you agreed

Oh yes. It's just the fact I don't feel I've had the adequate service. eskbanker said:

Jmoo said:

I got as far a writ from the courts through Court Enforcement Services (which I paid separately for) and provided instructions when best the neighbours would be around to hand over paperwork. But they have mostly ignored my instructions.

I pointed out that they take long holidays around school breaks, and expected them to work around this given they asked for advice at the start to make contact.

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there.

They now tell me they don't take this into account and it's up to the enforcement officers to decide their own schedules.

Did they at any point suggest otherwise?

Well they did ask for details to make it easier to track the persons down. 

eskbanker

Jmoo said:

eskbanker said:

Jmoo said:

I got as far a writ from the courts through Court Enforcement Services (which I paid separately for) and provided instructions when best the neighbours would be around to hand over paperwork. But they have mostly ignored my instructions.

I pointed out that they take long holidays around school breaks, and expected them to work around this given they asked for advice at the start to make contact.

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there.

They now tell me they don't take this into account and it's up to the enforcement officers to decide their own schedules.

Did they at any point suggest otherwise?

Well they did ask for details to make it easier to track the persons down. 

But how was that request phrased, i.e. was it asking about when it would be most likely to find them in?

Jmoo

eskbanker said:

Jmoo said:

eskbanker said:

Jmoo said:

I got as far a writ from the courts through Court Enforcement Services (which I paid separately for) and provided instructions when best the neighbours would be around to hand over paperwork. But they have mostly ignored my instructions.

I pointed out that they take long holidays around school breaks, and expected them to work around this given they asked for advice at the start to make contact.

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there.

They now tell me they don't take this into account and it's up to the enforcement officers to decide their own schedules.

Did they at any point suggest otherwise?

Well they did ask for details to make it easier to track the persons down. 

But how was that request phrased, i.e. was it asking about when it would be most likely to find them in?

That's right. 

sheramber

Instead out of five visits they made, a majority were during school breaks, where obviously they weren't there

What about the other visits that were not during school breaks?

GDB2222

Compliance fee £75.00 +VAT

The only other cost the claimant needs to be aware of is in the event of an unsuccessful enforcement action – called a compliance fee £75.00 +VAT. This arises when the debtor has no assets of any value, is in insolvency or is no longer at the known address and further enquiries haven’t yet been able to find the debtors current location. The claimant will be invoiced by the High Court enforcement company to pay the Compliance Fee, although a company such as Court Enforcement Services could continue to pursue the case,  using alternative enforcement strategies.

Is that what they are charging you on the basis the debtor is not there? If the debtor is in fact at that address, then the charge is not payable. So, refuse to pay.

Jmoo

GDB2222 said:

Compliance fee £75.00 +VAT

The only other cost the claimant needs to be aware of is in the event of an unsuccessful enforcement action – called a compliance fee £75.00 +VAT. This arises when the debtor has no assets of any value, is in insolvency or is no longer at the known address and further enquiries haven’t yet been able to find the debtors current location. The claimant will be invoiced by the High Court enforcement company to pay the Compliance Fee, although a company such as Court Enforcement Services could continue to pursue the case,  using alternative enforcement strategies.

Is that what they are charging you on the basis the debtor is not there? If the debtor is in fact at that address, then the charge is not payable. So, refuse to pay.

That's true. In their correspondence today they admit they've not confirmed they've not been able to say they're not at that address.