Need help with impending court action please!

[redtulip2003]

Could anyone please help with this problem.

At the moment we are struggling financially due to me being made redundant and my husband who is self employed in the building trade finding jobs very hard to come by.

 

My husband owes money to a supplier not a position that we want to be in as they are a trying to run a business just like us. My husband offered to do some work on his house but he wanted us to pay for the materials ....which if we could afford to do we would pay his bill.

Things got worse then when my husband lost his father we received a letter from the company offering condolences and giving us till a certain date to make a payment because we were unable to do this his next step was to send two bullyboys around to our house at 9.00pm with no warning they were coming and basically they were very threatening. They then left a voicemail saying they were going to strip our house and the van and there parting quote was " We don't just collect money".

 

We then got a letter from Clear Debt solutions saying they were acting on behalf of the supplier (they added £1143.95 to the bill). Because we had no original credit agreement and no actual invoices for all the goods we had been supplied just a handwritten list I sent them a CCA request. There reply was because it was a cash account there was no credit agreement.

They are now threatening Bankrupcy, Charging order or a Warrant of Execution. We are going to offer a monthly payment for as much as we can afford but would like some advice as to our next step if this is refused.

Thank in advance.

[PGH7447]

First report the visit to the police for harrassment.

 

second send clear debt a sar for all paperwork, demanding a breakdown of the debt including their add-ons

 

third try and negotiate with the agrieved party

[redtulip2003]

Thanks very much for the advice will prepare Subject Access Request and post tomorrow...will also try to find a police station that is open!

[cerberusalert]

My husband owes money to a supplier

Is this a well known supplier or a small one man band?

There reply was because it was a cash account there was no credit agreement.

They could well be falling foul of the FSA if they are providing credit and they are unlicensed.

We then got a letter from Clear Debt solutions saying they were acting on behalf of the supplier (they added £1143.95 to the bill).

They cannot add anything in the absence of an agreement & even then it would have to be written into it that collection fees could be added.

[redtulip2003]

The supplier is a one man band he has one retail outlet.

Thats good news about the added money as we are going to stuggle to pay the original amount.

 

They also put in one of their letters " You are hereby notified that our client to whom you owe the oustanding debt, are to impose their rights under the Late Payment of Comercial Debts act 1998 and the Supreme Court Act 1981 to charge interest on your overdue invoice at a rate of 8% per annum.

 

If they can't add money on to a bill if there is no original credit agreement can they still add interest?

[PGH7447]

No that I am aware of, and if they want to start playing silly buggers then add on each letter you send a £25 charge for materials and time

[redtulip2003]

Might do that! Thanks for your help.

[harrassed senior]

You say they left a threatening voice mail, hope you kept that - give it to the police and keep it safe.

 

This may also be of help - only 2 provable counts of Harrassment are needed to prove harrassment and you would be in a very good position to counter claim for damages.

 

Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

__________________

[redtulip2003]

Unfortunately my husband left it some time before he played me the voicemail they had left (He did not want to upset me any further after the doorstep visit) and the voicemail was gone before I had time to save it.Not sure if there would be any way to retreive it might try contacting o2 to see if they by any chance store them...Am going to send a Subject Access Request to see if that brings up the name of the original debt collector, as we had no correspondence in writing from them we have no idear who they were.The supplier also spoke to some of our customers to see if they had paid us and Clear Debt Solutions actually admitted that in writing....Anyway thanks for taking the time to give your advice good to know there are people out there willing to help...might get some sleep tonight!

[harrassed senior]

This really is harrassment by speaking to your customers and you need to get it stopped asap. Let us know if you want help with a letter.

[palomino]

Transactions of the nature you describe are not credit agreements. They are payment terms for goods/services supplied.

As such the Consumer Credit Act does not apply.

 

As a rule of thumb, if some-one provides money to you to spend elsewhere then that is a credit situation. If they don't then it isn't.

 

 

There are possibilities here though -

1. Did you sign for the goods supplied? Was the hand-written list correct? Were the prices correct?

2. Sending 'the boys' round is not a legitimate or lawful form of collecting payment. Be preared for this to happen again and be ready to call the police if it does.

3. Did you, by any chance, retain the voicemail? This could prove very useful - especially in conjunction with 2.

 

Has the prospect of legal proceedings been raised?

 

Lastly, they are correct in saying they can charge interest.

[redtulip2003]

No goods were signed for and we have no invoices for most of the transactions.The hand written list is correct.Unfourtunatley we no longer have the voicemail. Which is a shame because the suppliers name was mentioned along with the things they were going to do to us.They are threatening legal proceedings including Bankruptcy, Charging Order or a Warrant of Execution.Is there any point in sending the Subject Access Request?Thanks in advance.

[cerberusalert]

Name & Registered Office:

CLEAR DEBT SOLUTIONS LIMITED

DOCKLAND HOUSE ANCHORAGE BUSINESS PARK CHAIN CAUL WAY

ASHTON ON RIBBLE

PRESTON

LANCASHIRE

PR2 2YL

Company No. 05940444

 

 

 

 

Status: Active

Date of Incorporation: 19/09/2006

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

Accounting Reference Date: 30/09

Last Accounts Made Up To: 30/09/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 30/06/2010

Last Return Made Up To: 19/09/2009

Next Return Due: 17/10/2010

Last Members List: 19/09/2009

Edited March 29, 2010 by cerberusalert

[cerberusalert]

Company Name: CLEAR DEBT SOLUTIONS LIMITED

 

Print Report

 

 

Previous Name(s): NO PREVIOUS NAME HAS BEEN RECORDED DURING THE LAST 20 YEARS

 

Registered Number: 05940444

 

Registered Office: DOCKLAND HOUSE ANCHORAGE BUSINESS PARK CHAIN CAUL WAY

ASHTON ON RIBBLE

PRESTON

LANCASHIRE

PR2 2YL

 

Incorporation Date: 19/09/2006

 

Country Of Origin: United Kingdom

Company Type: Private Limited Company

 

Accounting Reference Date: 30/09

Last Accounts Made Up To: 30/09/2008

Next Accounts Due: 30/06/2010

 

Last Annual Return: 19/09/2009

Next Annual Return Due: 17/10/2010

 

Company Status: Active

Type of Accounts: TOTAL EXEMPTION SMALL Accounts

 

Nature Of Business: 6523 - Other financial intermediation

 

 

Filing History

 

 

10/11/2009 DIRECTOR'S CHANGE OF PARTICULARS / ROBERT JOSEPH THOMAS LOGAN / 09/11/2009

28/10/2009 30/09/08 TOTAL EXEMPTION SMALL

27/10/2009 DISS40 (DISS40(SOAD))

27/10/2009 FIRST GAZETTE

26/10/2009 19/09/09 FULL LIST

18/08/2009 REGISTERED OFFICE CHANGED ON 18/08/09 FROM:

GISTERED OFFICE CHANGED ON 18/08/2009 FROM

UNIT B3 ANCHORAGE BUSINESS PARK RIVERSWAY

PRESTON

LANCASHIRE

PR2 2YL

15/12/2008 RETURN MADE UP TO 19/09/08; FULL LIST OF MEMBERS

21/10/2008 30/09/07 TOTAL EXEMPTION SMALL

23/07/2008 REGISTERED OFFICE CHANGED ON 23/07/08 FROM:

GISTERED OFFICE CHANGED ON 23/07/2008 FROM

40 GARSWOOD STREET

ASHTON IN MAKERFIELD

WIGAN

LANCASHIRE

WN4 9AF

19/11/2007 RETURN MADE UP TO 19/09/07; FULL LIST OF MEMBERS

23/10/2007 REGISTERED OFFICE CHANGED ON 23/10/07 FROM:

ITE 63, GREAT NORTHERN HOUSE, 275 DEANSGATE, MANCHESTER, GREATER MANCHESTER M3 4EL

19/09/2006 INCORPORATION DOCUMENTS

CERTIFICATE OF INCORPORATION

STATEMENT OF DIRECTORS & REGISTERED OFFICE

DECLARATION OF COMPLIANCE

MEMORANDUM OF ASSOCIATION

ARTICLES OF ASSOCIATION

 

 

Mortgage Data

NONE

 

 

 

 

Report Generated 29/03/2010

[redtulip2003]

Thanks for that info, just managed to reply because computer got a very nasty virus. Can you advise if you think I should still send the subject acces request even though there is no credit agreement. Thanks