Demand for payment-Debt recovery agents

Discussion in 'Finance, Property, Law' started by penfoldio, Mar 24, 2010.

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  1. I have recieved a letter from a debt recovery agency.

    I am disputing an invoice for £174 from a company who provided me with bottled water.

    I have asked repeatedly for a breakdown of the invoicing as I consider I have paid for some deliveries and others did not happen.

    I recieved no correspondence in return and now the bailiffs letter appears.

    Do I just pay up or keep going?

    Any thoughts?
     
  2. msr

    msr LE

    How much of the invoice is in dispute?

    I suspect that getting lawyers in will cost more than £174, so it may be cheaper to pay up and change your supplier.

    msr
     
  3. Have you had a look in The Consumer Forums? They give what rules and regulations that can be quoted to the debt company to stop the bullying tactics.
    Consumer Forum
     
  4. Difference between a debt recovery agency and the bailiffs.

    Debt recovery agencies are as they state on the box, agencies who will try and recover debts by a number of methods, they buy debts from companies for less than the value then try to recover full value plus a surcharge (in many cases) they have no powers at all apart from phoning and mailing you. Last resort is for them to take you to court and obtain a CCJ. The CCJ will ask you to pay the full amount with another court fee added to it. (Thats if they win, you could win but it will be difficult) he agency or the court can then instruct bailiffs to attend your premises to seize goods if you dont cough up.

    Try citizens advice. Number of places who can advise.
     
  5. If you are able to provide evidence that the debt is in dispute and that the original creditor had refused to cooperate, then you must simply invite the debt recovery agency to attempt to recover the alleged liability they purchased. You will generall find that the creditor has sold the debt on the grounds that they are unable to provide sufficient evidence that they are owed anything at all. Their legal department has simply bundled it up and sold it on. The company that purchased it will, of course deploy a wide variety of well-established methods of recovery short of court action but I think you will find that having regard to the amount in question and the paucity of evidence in support of that which they allege you now owe to them as transferee that the issue will not as far as the court.

    Check that what purports to be a baillifs letter is, in fact, a letter bearing the same reference as the debt recovery agency and that any calls or letters you receive purporting to orginate from solicitors likewise originate from the debt recovery company.

    If the the alleged debt had been in any way enforceable, you would have been summoned a long time ago!
     
  6. Bunch of charlatans the lot of them. I had dealings with one company after leaving a certain internet provider, who failed to cancel my account properly (their fault not mine).

    The Debt Recovery Agency concerned (lets call them Cnuts for ease of reference) sent me a letter threatenening all sorts of action unless I paid up. I rang them and explained their error, after which the bloke advised me to 'pay up for my own sake' instead of risking going to court. I politely informed him that I would do no such thing and that it was up to the Cnuts to prove that I owed the money, to which he responded that it was up to me to prove, in court, that I didn't.

    Clearly I then did some digging with the provider and came up with what I needed, which I then passed onto the Cnuts, telling them that had they donw their job properly in the first instance that they would never have had to waste my time. I also told the Cnuts that if they ever sent me further correspondence with regards to this so called debt, that I would pursue them for harrasment, given that I had proved my non involvement.

    In short, the Cnuts will try anything they can to pressure you into paying the money, even so far as lying and threatenening court action (which they will never do, given the costs involved).

    Always get your facts straight and fight to the death, don't let the Cnuts win.
     
  7. Biped

    Biped LE Book Reviewer

    If you ever do have to settle, offer them 30% in full and final settlement, then negotiate, with the alternative offer of fcuk-all per week once the interest and total is locked by the courts and a 100 year payment plan. You'd be surprised at how low they will go to get the debt cleared.
     
  8. So your advice is to pay up whether you owe the money or not as it might end up being cheaper?

    In that case then please send me the £110 you now owe me or I will send you a letter.
     
  9. Yeah, and I'll have that £230 that you still owe me from last year.
     
  10. Having spent a year working as a debt collection cnut I hope I can help, you're perfectly within your rights to demand a full breakdown of the debt before making payment. To be honest you can give them the fcuk off for a debt of that size as it isn't in their interests to go to court to get a bailiff order as they'll risk losing which would cost them alot more than you owe especially if your being reasonable and keeping a record of all correspondence so they can't make up porkies (which sadly isn't beyond some of them). As has been mentioned you might be able to get a full and final payment offer where they may be willing to knock off up to 30% to clear it (for any more they'd need a manager's decision who'll more than likely demand they hassle you for a couple of months first). If they're being utter cnuts go to the CAB and ask them to handle it for you and inform whoevers chasing you of this and give them the CAB's details, this will then make it illegal for them to contact you directly and they'd have to deal with the CAB (this normally leds to them binning the debt or offering F/F). Best of luck.
     
  11. BiscuitsAB

    BiscuitsAB LE Moderator

    Ask them for a copy of the certificate or letter of assignement and also ask them why they think the DPA doesnt relate to them.
     
  12. Ring up the original company and ask them what is the least amount they will settle for to clear the debt, as has been said before a lot of companys will go to much lower amounts to finish the debt. If they don`t respond to reasonable offers then go down the give me a full itemised statement and then if not happy drag it to the courts.
     
  13. Google the name of the company. Chances are you will find lots of entries on forum sites like credit expert, with all sorts of good advice. Often the debts have been bought from another company, and are by then too old to be legally enforceable.

    Most of them just want you to send them money without them having to do anything to get it. They certainly don't want to take the risk (and cost) of court action.

    I had a letter from one of them a while back. I ignored it and they sent me a series of increasingly nasty chasers, including instructing other people (actually another part of the same firm) to take further action. They even rang me up once and I said that I would only deal with them in writing and put the phone down.

    They gave up bothering in the end.
     
  14. I had a letter from one of these lot..threatening, abusive and condecending 20-30 phone calls later i was getting in a right state as it was a faily major amount of money.

    I got onto the consumer forums, found out my legal rights, sent of a letter asking for proof under the terms of the law, gave them x amount of time to supple proof (non came through), sent another letter saying as you have not supplied proof of debt from the original alleged company I trust you will not take this any further...waited..several weeks later got a "we ahve decided not to persure you in this matter" letter.

    Sorted.

    All the relevant letters are on the consumer forums..as is all the time limits etc. Well worth looking at and using the templates.
     
  15. The question is though, did you actually owe the money being asked for?