Final Demand Ltd chasing payment for 'paid' J Simpsons ltd storage 'debt'

[Fishpie]

Hi

 

 

my OH has just received a letter from FInal Demand Ltd, requesting he pay a debt outstanding,

the debt in question has been in dispute with the 'client'

my OH had paid the client in cash,

failed to get a receipt of payments,

 

 

it was for storage, when OH fell into financial difficulties

he told the company and said he would remove what ever was left in storage and pay the arrears, but this was refused,

 

 

he has continued to charge for a service that was not required.

he has threatened action before and with other people we know,

 

 

my OH is not good with paperwork, even if he had been he was never given receipts, so its his word against his.

The 'client' has with other people failed to keep correct records, fortunately they had there receipts but he still harassed them for money.

 

The letter has not been correctly addressed, and is the usual 'do not ignore this letter failure to acknowledge this letter may lead to legal action' have 7 days to respond.

 

should I just ignore it at this point in time, or sent a CCA to the allerged client,

and a letter to say to doorstep debt collectors thanks if anyone replies,

I know its a difficult day for everyone at CAG

[BRIGADIER2JCS]

I doubt there will be a regulated credit agreement for a storage facility.

 

Have all the items been removed from the facility?

Which debt collector is involved here?

[Fishpie]

No my OH was refused access he made it clear that he would not pay for the container anymore, and also stated that if the items were still there he told the company they should be sold to go against what was owed

[BRIGADIER2JCS]

Have the original arrears been paid or not?

Which debt collector is involved?

[Fishpie]

No,

because they cannot agree on an amount

 

 

its gone on for about 3years

 

 

the amount is from around approx under £340 according to my OH

 

 

owner says over £1,000

 

 

I can't be sure my Oh explained he couldn't afford to continue paying for the storage,

the owner said ok initially, then decided to keep items which don't have a problem with,

just didin't want to pay for something that cannot be afforded.

 

 

He is not a nice person quite agressive, as done similar to people we know,

taken them to court and lost (they had paid but he said they hadn't)

 

a company called Final Demand Ltd

Edited February 15, 2013 by Fishpie

[Fishpie]

I have put some more detail above, has anyone had dealings with this company

[BRIGADIER2JCS]

Yes they run a no win no fee on litigation and are quick to issue claims.

 

Who is the client please, and which other DCAs have had their grubby fingers in this pie?

[Fishpie]

J Simpsons is the client, independant not part of a large company,

 

 

no other DCA's just himself,

 

 

he trys to intimidate people,

comes to the house occasionally

bangs as loud as he can,

 

 

due to the fact he is quite tall,

likes to give you the impression he will push past you etc.,

although he has not done anything physical my OH told him we have an adequate door knocker there is no need to try and knock the door down,

 

 

he backed off

 

 

my OH is not very tall but he doesn't take kindly to threatening behaviour,

he has been told him on many occasions he is most welcome to take the matter to court,

we have nothing, and only enough money to scrape by on at present

[BRIGADIER2JCS]

Now this cash payment was for what, was there any paper work at all, invoice or similar?

Perhaps we can come in under his radar and turn the tables.

[BRIGADIER2JCS]

Just taking time again to digest what has and is happening,

 

 

Mr. Simpson seeme to be close to if not past the level of harassment,

there are more things to be considered

is he taking cash for services not issuing receipts

and not putting payments through his books?

 

Let's have all the details please.

[Fishpie]

will have to go through quite a lot of boxes,

we have moved around in the last few years and due to personal problems going on

and have not caught up on where everything is,

 

 

I found one invoice,

I know there are some more around,

but when my OH paid cash for the container

but he never got receipts (stupid I know)

 

 

if he has it will only be an odd one,

so will have to get back to you when I have a chance to have a rumage and see what I can find,

 

 

my OH is not very good with paperwork which has been the biggest bug bare for us (wont go into that!!)

 

 

will get back to you if I have some luck

[BRIGADIER2JCS]

Do I conclude from this that this is a storage deal?

May be we can frighten him for a change!!

[Fishpie]

Yes that about somes him up, will get back to you if I can find anything of substance

[Fishpie]

Yes it was for a storage container, he has quite a few of them.

 

 

My OH has just been checking up on the 'taking people to court'

it appears this is unfounded,

 

 

but he has harassed a lot of other people and told them that they owed him money which they never did

 

 

Sorry for the confusion over taking others to court.

[BRIGADIER2JCS]

Yes it was for a storage container, he has quite a few of them.

 

I'll get my ''evil'' head on and formulate a missile Opps! a missive to send him.

[Fishpie]

Thanks Brigadier

[Fishpie]

Help,

 

 

today a letter from FD Debt Enforcement has arrived,

 

 

saying after several reminders (only received one letter dated 12th feb giving 7 days from date of letter to respond, which was incorrectly addressed)

saying that you have failed to discharge the debt and therefore the file has been passed to the enforcement agents.

 

 

We shall be attending your premises within the next 5 days between the hours of 6am - 9pm to either serve insolvency papers

or remove goods to the value of (if authorised) to recover this debt.

 

 

To avoid this distressing course of action please contact the agent direct .....

.. gives a name and mobil number.

 

Should I respond in writing?

[Fishpie]

I have printed out a doorstep caller letter ready.

 

 

Can I ask the above for copies of any invoices etc and

 

 

how they come to the amount of interest and

costs they have listed?

 

 

I have looked in the library but can't see a letter that fits any sugggestions appreciated.

[Fishpie]

I have drafted the following letter to send to the Debt Collection Company,

do you think this is adequate or should I not include the last line as it could look like I acknowledge the debt

 

thanks

 

 

Please be advised that I will only communicate with you in writing.

I have noted your attempt to contact me has been one letter dated 12th February 2013

and one notification to say an agent will be visiting me,

not several attempts as stated in your notification reference AM***** 14th Feb2013.

 

Furthermore, should it be your intention to arrange a “doorstep call”,

please be advised that under OFT rules, you can only visit me at my home if you make an appointment

and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission;

the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and,

if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Furthermore, I request a full breakdown of the alleged debt, giving the dates copies of any invoices etc,

and full detail of how the costs and interest have been assigned.

 

For your information the alleged debt has been and still is in dispute with your client

[renegadeimp]

Help, today a letter from FD Debt Enforcement has arrived, basically saying after several reminders (only received one letter dated 12th feb giving 7 days from date of letter to respond, which was incorrectly addressed) saying that you have failed to discharge the debt and therefore the file has been passed to the enforcement agents. We shall be attending your premises within the next 5 days between the hours of 6am - 9pm to either serve insolvency papers or remove goods tothe value of (if authorised) to recover this debt. To avoid this distressing course of action please contact the agent direct ....... gives a name and mobil number.

 

Should I respond in writing?

 

 

Have you been to court or been issued court papers?

 

 

If not you MUST get a complaint into the company AND the OFT.

 

 

If you have not had court papers issued, then they just made a VERY big problem for themselves.

 

Lets wait for Brig to come back, his letters usually stop them dead in their tracks.

[BRIGADIER2JCS]

That letter is absolute rubbish FD are not bailiffs.

 

I'l draft something later.

[Fishpie]

No haven't been to court,

I have found a few invoices,

 

 

OH didn't get receipts for the amounts he paid,

so guess it will be a case of who the court believes should it go that far,

 

 

I will try and draft a letter of complaint and post it up before sending,

 

 

don't want to make matters any worse, my head is going to fall off soon I am so stressed with it,

 

 

thank you for your help its appreciated.

 

Thank you Brigadier also for your post

[Fishpie]

I have just done a quick draft for possible letter to Mr Simpson,

 

 

I am not sure if I am on the right track here, hopefully you will put me right, will check in again tomorrow,,

 

 

thank you for all you help, your support is so gratefully received

 

 

Dear Mr Simpson

Reference: Alleged Debt for Container(s)

 

Would you send to me full copies of Invoices for the period(s) that you believe that I have not paid.

 

I have not received any correspondence from you, only verbal reference from yourself stating that I owe you money,

you have never sent me any written complaint regarding this matter.

 

I need to know exactly what you are actually asking payment for in detail and in writing,

until I receive such, this matter will remain in dispute

[Fishpie]

renegadeimp advised I should send a letter of complaint to Simpson,I am not quite sure what to put in the letter I drafted a quick request for details of alledged debt etc, see above do you think this is adequate? thanks for your time

[BRIGADIER2JCS]

It's to vague could be easily seen as an acknowledgment.