Please help me *WON*

[dayglo]

your request for help is noted... I'll try to put some advice together, don't panic.

There is more than enough help around here, we'll sort this together I'm sure.

[dayglo]

in my opinion, the first thing we need to do is formally dispute the debt via a letter (sent recorded delivery) to the Catalogue company.

 

After this, we send another letter, again recorded delivery, to the DCA, informing them that the debt is 'in dispute' and that no action can be taken whilst this dispute exists.

 

The next thing to we need to do is to work out whether or not we should allow them to begin court proceedings, and when they do, indicate that we wish to 'defend' in full the case.

 

I think I'm right in saying that no-one can send baillifs unless there is a court judgement against you. From my understanding of what you have said in your moving post, I can't see any judge finding against you. I know that doesn't help remove the unpleasent letters, but you appear to have a solid case.

 

Having read through this again, I'm not sure I'm the most qualified person to help, put please be patient - more help will arive very soon I'm sure.

 

Good luck.

Dayglo

[dayglo]

There are several laws which cover harassment of debtors by creditors as well as recognised guidelines which set out what is considered unreasonable behaviour by creditors.

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation, because of their frequency or publicity or manner". Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

The Office of Fair Trading (OFT) has produced a set of Debt Collection and Debt Management Guidelines which sets out the types of debt collection practices which the OFT considers to be unfair. The guidelines do not apply to routine debt collection but are applicable to all accounts where payments have been missed, or are in arrears. The Guidelines include a section on 'contacting debtors at unreasonable times and intervals'. Whilst the guidance does not spell out the types/times of when contact should occur, it does provide a list of examples which it might consider unfair: repeatedly calling at unsociable hours, calling places of work, or calling on Neighbours and disclosing the reason they are making these enquiries.

If you think a creditor has broken the law or has breached these guidelines- you should first raise it with the creditor or collector concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the creditor that you are aware of the Debt Collection Guidelines and believe they are in breach of these as well as possibly been in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the creditor how you would prefer to be contacted. If the situation does not improve you can make a more formal complaint against a creditor.

If the creditor continues to harass then you can make a complaint to the local Trading Standards Department or go to your local Citizens Advice Bureau. If the problem does not get resolved you could send your complaint to the Office of Fair Trading - who do not usually take up individual cases but their Debt Collection Enforcement Team collects information from various sources and can use it to remove the creditors Consumer Credit Licence.

If the behaviour of the creditor (or any bailiffs or credit collection companies acting on behalf of the creditor) becomes at all violent or extremely threatening the Police should be informed immediately.

[dayglo]

I can't really add to the advice already. How do you feel about going to court and defending?

[dayglo]

ok! It's difficult to tell how people feel sometimes. Some relish the thought of going to court and proving their point, others are less keen. I'll take it you fall into the latter bracket then.

 

I can't say for certain how this will end, but my feeling as that one paarty will have to at least begin court proceedings at some stage given the number of rounds of correspondence that has failed to satsify either party. I'll post more later on. Relax, we'll fix this.

[dayglo]

If it went to court do you think I have a strong case?

 

if what you have said above, in that you have been associated with a growing debt that began from receipt of products that you did not receive and that the catelogue company cannot prove that you received then YES you do have strong case.

 

one thing struck me though, when deliveries arrive, it's always bothered me that custom and practice says that you sign to take delivery of a package that has a 'packing slip' with it. On this slip lists everything that the sender believes is in the package. if you sign this, you agree that everything is there. Normally you have done this before you even open the package!

It could be that they could show that you 'have' received the goods and only your 'word' says that you didn't.

Do you think this could be relevant to your situation?

[dayglo]

this is very good news, but not neccessarily the end of the matter.

 

The DCAs are in this to make money, they 'buy' debt very cheaply and then use a variety of methods to 'persuade' people to pay in a manner that the original creditors would prefer not to.

 

In the case of a 'disputed' account, most DCAs say "it's not worth the effort, send it back to the original creditor and move on to easier pickings"

 

The original creditor may still believe the debt is 'genuine' and take further action, likely to be by another DCA!

 

You may have to go through this one more time (by that I mean, there is a chance that the catelogue company might make one more attempt to recover some money from you by transferring the 'debt' to another DCA)

 

It's more likely however, that this is the end of the matter. You need to keep an eye out for 'default notices' appearing on your credit file as a last gasp act of spite against you.

 

If this happens, come back and ask for more help! (it's too long winded and complicated a process to adequatly describe here!)

 

anyway... I think congratulations are almost in order!

[dayglo]

excellent result. This was never about the realtively small amount fo money - more the threatenting behaviour and potential to mess up your credit reference file!

 

Well done.