Being sued by Cowboy Builders - please help *** Claim Struck Out ***

[wonky100]

Oh yes, I've been reading and my colleagues have been on You Tube etc. I think I'm probably better off not seeing everything!

 

The original debt collectors Opus Agency have left a voice mail on my OH's mobile just now saying they are acting on behalf of the builder and we have 14 days to pay up other they will attend with the Police to remove the structure. We had already offerred them this remedy months ago. I would gladly let them remove the structure, but I want our house making safe.

 

Can anyone really see the Police getting involved without a court order? I'm guessing this is just another threat.

 

Would I be wise to let these guys onto my property???

 

My OH is going to ring the Police later about this call and whether they would get involved and also ask for the matter to be escalated.

 

My OH is also going to chase up his solicitor contact this evening (he only has his home tel no).

[unclebulgaria67]

I don't think they can come on to your property, without your permission or a court order. To do so would be tresspass. You might wish to speak to the solicitor about bringing this matter to a conclusion i.e finding a way of taking the matter into the courts. Being that you have paid some money towards the works, if they removed the conservatory, you would be due some money back, plus costs of putting the house back to the same condition as before the work.

 

They can't just send you a letter saying what they have. This is against OFT debt collection rules, because it is claiming powers that they don't have. Report this to Trading Standards.

[wonky100]

Police do not want to know!!! They have advised it is a civil matter and will only attend if these guys turn up again.

 

Onto Consumer Direct and they have advised it is a Police matter!!!

[BRIGADIER2JCS]

An e-mail to your local police divisional commander setting out the details and CD's comments.

[wonky100]

I've just rang the Police and they've taken a message but it'll take up to 24 hours to ring us back!!!

 

OH has also made a complaint. But they'll take up to 24 hours to get back to us about the complaint!!!

 

Or we could go to our local Police Station. Pointed out that my OH did this yesterday and it was closed even though it should have been open. I was advised that if someone had rang in sick then they may not have cover to keep the Police Station open. What is this country coming to????

[DonkeyB]

The original debt collectors Opus Agency have left a voice mail on my OH's mobile just now saying they are acting on behalf of the builder and we have 14 days to pay up other they will attend with the Police to remove the structure. We had already offerred them this remedy months ago. I would gladly let them remove the structure, but I want our house making safe.

 

Can anyone really see the Police getting involved without a court order? I'm guessing this is just another threat.

 

Would I be wise to let these guys onto my property???

 

My OH is going to ring the Police later about this call and whether they would get involved and also ask for the matter to be escalated.

 

My OH is also going to chase up his solicitor contact this evening (he only has his home tel no).

 

You must get on to Trading Standards again. This is a menacing threat they cannot enforce.

[BRIGADIER2JCS]

I can see the need for drastic action even a magistrates order might be needed, or the solicitor could apply to a DJ

in chambers for an interim injunction to keep them away,but this of course costs.

[wonky100]

I have emailed TS twice today. Firstly an update regarding yesterday's visit and then to let them know about the call this morning. I've heard nothing. Consumer Direct have advised that TS can't do anything, this is a Police matter, but the Police don't want to know. I told the Police that I feared for my life.

 

I've even rang CID but it was for South Manchester, it was the only number I could find! I told him we had been visited by Stephen French and he said he didn't know of him (told him I didn't until I googled him yesterday) as he's not from our area. Pointed out that Stephen French was from Liverpool! I was told to contact GMP switch, which is what I did and got nowhere.

[DonkeyB]

Contact your MP as well then, and your local councilllor. Maybe a local paper. Make a big noise.

[BRIGADIER2JCS]

I for one am at a loss as to what to recommend,apart from getting through

to a very senior officer as a matter of urgency.

[count orlok]

Surely this guy would not have been given a licence to do debt collection/canvas off site?

[BRIGADIER2JCS]

The rank stupidity of the regulators is staggering, just look at the crass debt monkeys

already licensed!!

[Bazooka Boo]

Local MP is a must....TODAY..

 

And if Mr French and his cronies do turn up, ring the Police 999 and report there will be a breach of peace and hang up.

 

Film everything if you can, or take photographs.

 

If you only spoke to the front desk at the Police station, then you should demand to see a senior officer, ideally it should be the duty inspector, most stations employ civilians on the front desk who have no knowledge of what the Police are employed to do...ie, they ARE peace officers employed to protect us the public & tax payers, if they still maintain it is a civil matter, then a formal complaint using the IPCC is required, as is to your MP and the press.

[unclebulgaria67]

If you research online. The Police tried and failed to prosecute French in 2009. There was also a scuffle with a Police officer. Perhaps they don't want to involve themselves with him, for whatever reason.

 

Contact your MP's consituency office today to see if the MP or their office will contact the Police on your behalf.

[wonky100]

After numerous calls to the Police (don't know what has been more stressful!), OH managed to speak with an Inspector who has today confirmed that this is a criminal matter and should be dealt with under the Harassment Act. We now have an appt with the Police tomorrow to progress matters.

 

Watch this space......

[BRIGADIER2JCS]

Excellent Good Luck.

[DonkeyB]

Well done. Persistence works!

[Undercover-Elsa]

Excellent! Well done Wonkey.

Space being watched with baited breath...

[wonky100]

Meeting didn't get us anywhere! Apparently the inspector got it wrong!

 

We can not take action against a company for harassment only an individual and an individual needs to come round to us on more than 2 occasions before anything can be done, which is why they'll keep sending different people.

 

Ignore the phone calls, but obviously keep all recordings. If we pick up the phone and it's them tell them everything in writing and hang up.

 

Back all the CCTV up.

 

Keep a log of everything.

 

If anyone comes round ring 999. Don't get involved in a conservation with the operator (like I did on Thursday - told her a neighbour had rang me so she asks me for her name and tel no etc and meanwhile the call hasn't been logged and if these guys had wanted to could have been in the house and off with our property. But I wasn't to know that I didn't need to answer all the operators questions).

 

Don't tell the debt collectors or anyone else that we're ringing the Police, just do it. The Police need to get here whilst they're still here and they won't want to talk to the Police.

 

The Police said they wouldn't even send them a solicitors letter. What's the point? They'll only ignore it! If there was a genuine debt they would be corresponding and writing and would take us to court.

 

Fingers crossed they get bored with us and find some bigger fish to fry. There has to be a bigger picture as to why this guy would attend our home for this kind of money. Maybe the retailer owes him?

 

So for now it's sit tight and watch our backs!

[king100]

Subbing wow gl for this.

[Undercover-Elsa]

It just beggars belief that they can do this with impunity. I think maybe your MP should be your next port of call if this doesn't settle down.

[BRIGADIER2JCS]

Regulatory sloth and inefficiency failure to enforce existing rules,

all embedded in the current system in force in the Uk. until

that can be changed introducing new regs and rule are pointless.

[wonky100]

Sorry me again.

 

This just keeps playing on my mind (wonder how long before work gets fed up of me googling all the time?!)

 

However, we've been told we can't do anything under the Harassment Act because that only applies to individuals and not companies, but I've just found this:

 

The Administration of Justice Act 1970.

Section 40 of the act provides that 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 contract, he or she:

1. harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

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

3. falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

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

Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

· of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

· of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

It's the last paragraph that I'm concerned with. Does anyone know this Act? Do you think we'd have any rights against say the Director of the retailer 'cause surely the Director is ultimately responsible for the actions of the company in appointing these Debt Collectors???

 

Just rang Community Legal Advice and they weren't much help. Told me to ring a solicitor, but they just cost so much. OH's friend hasn't got back to us and OH doesn't want to pester.

 

Maybe some good of this will come, hopefully the stress will make me lose some weight!

 

Thanks

[DonkeyB]

I fancy a lot of this has been superseded by CPUTR in the eyes of Trading Standards.

[BRIGADIER2JCS]

I have regarded that sect.of para 4 to imply that if a party uses a third party to press for payment

of a debt using unacceptable methods an offence as in Para 1 is committed.

My feeling is this could be applied to a debt collector or there agents.