unfair debt collection practice (business debt)

[give me my money back]

Hi Guys

i currently rent several pieces of euipment from a local machinary hire place. We have hired the euipment for over two years and maintained our account in fair order. Over the Christmas period and NewYear, we have had to shut our factory down due to swine flu. During this period, due to the supplier not been able to contact me, he has discussed my debt, which is not large, with a neighbouring business to ours, in detail....etc, ammounts invoices etc. This is highly embarrising, and my question is he allowed to do this? He has also recently contacted my landlord to discuss my debt in detail and to demand access to my premises to take back his machines. In light of the illness and subsequent closure of the premises, and the fact that untill now we have had a good trading history, i am furious with this guys tactics, and wondered if he was in fact allowed to take suc actions.

any help on this matter would be gratefully recieved...Thanks

[MARTIN3030]

Is yours a limited company,sole trader or partnership ?

[victoria_siempre]

Hi give

 

 

Sorry to be blunt, but:

 

1. what is your contract?

 

2. what is your alleged debt?

 

3. what are you seeking as an outcome?

 

love

 

vic

[give me my money back]

Hi thanks for you reply

There is no written contract as such to hire...

the debt is for 2 months of hire for 2 pieces of equipment....ammount under 350 gbp

i am not disputing the debt at all.... i am just really hacked off that he has discussed personal issues of debt with third parties, and as they are 1. my neighbouring business and 2 my landlord, it is highly embarassing. There are alredy remarks been flying about, and because i have been ill, not been able to defend it.

Essentially i want to know, whether i have cause for redress, really to stop him doing it again.

Thanks

[MARTIN3030]

If this company has disclosed adverse information that has caused you harm,damage,distress or loss,then you have grounds to sue.

The difficulties in these cases is that you will need some good evidence to support your case,and often third parties are not so willing to help when it comes to providing witness statements.

What is the position as regards the machines-was there any contract agreed if so how long ?

If there are arrears how many months behind ?

Did you communicate to them the problems you were having with business and what means?

How did they respond ?

[MARTIN3030]

Can you say whether there has been any legal action taken by the other side ?

What arrangements have been made to pay the outstanding 2 months ?

[victoria_siempre]

Hi

 

Events beyond our control are bastards: mad cow disease and swine flu destroy folk in a way that city dwellers can't comprehend, and DEFRA aren't helpful.

 

However, a contract is whether verbal or implied, so you are bound by it; you have a cause for redress as above post.

 

To be realistic and pragmatic one might negotiate a compromise and offset the contractual debt (modest, you say) against your potential claim for damages.for their naughtiness.

 

Litigation only makes lawyers rich.

 

x

 

v

[give me my money back]

Hi

no legal action at all, the answer to your other questions are in my last post. There is no need to make an arangement, i have the money, he knows i have been ill, and in hospital, there has never been a formal hire contract, i am just invoiced at the end of each month, on a month by month basis. To my thoughts he has just set out to embarass me.

Thanks

[victoria_siempre]

Hi

 

The only practical way is to counter charge him for the embarrassment caused is by offsetting your estimation of damage to you at the sum of what you owe + 1 pence; if he doesn't like this you could invite him to sue you. The gear would obviously have had to be returned.

 

I think that this a matter of principle not money for you and this is the lowest risk way forward.

 

x

 

v

[give me my money back]

is there a legal footing for such a counter charge...

thanks

[victoria_siempre]

Hi

 

Yes: but let the enemy come to you. You could sue but that would incur expense.

 

Alternatively, he can sue you and you counter claim; cheaper with the same result.

 

I sense that this is not about money but honour.

 

x

 

v

[MARTIN3030]

Ok understood.

So the ball is pretty much in your court.

You came here asking if there was anything you could do,and theres been some pointers.

Personally what I would do now,is put something in writing.

It needs to spell out the position and be forthright.

That you have never intentionally sought to evade nor wanted to withold payments for goods and services supplied.They are aware (or was made aware) of the circumstances which you were faced with.

Equally,neither did you expect to have your business and finances openly discussed with third parties which has caused you distress and anguish.

In consideration,you feel that you are entitled to some recompense,and invite a full explanation with proposals to remedy their actions.

Should they fail to give a satisfactory response,you will let a Court decide.

 

You need to send it recorded delivery,and address it to the right person.

[MARTIN3030]

Sorry posts crossed.

If they were to sue it would be a simple money claim -your counterclaim is likely to be one of tort.

[victoria_siempre]

Hi Martin

 

Guests notwithstanding, "some recompense" might be put at £x + 1p; I think the OP is trying to achieve a point of honour, the cash is jack-sh*t.

 

x

 

v

Edited February 10, 2011 by victoria_siempre
censorship

[MARTIN3030]

Yes I am hearing this.

So gmmmb,what exactly is it that you are looking for ?

You can either pay the amount due and let them know you have unfinished business yourself,or else let them take you to Court for it.

Either way I think you need to be letting them know one way or the other.

 

yes I also noticed the 7 guests.....but its not unusual for this time-probably China and Indian observers.

[victoria_siempre]

Hi M

 

Just because I'm paranoid, it doesn't mean the bast8rds aren't out to get me; even a troll has a trackable IP.

 

v

[MARTIN3030]

Yes I can see the guest IPs and can check them....but tbh cant be bothered at 3am.

[victoria_siempre]

On the bounce as always M

 

x

 

v

[MARTIN3030]

Just checked 2 of the 3 before going.

 

Hello Bejjing:welcome:

[victoria_siempre]

 

x

 

v