me vs the debt collecter I employed - what now?

[campodoro]

I will try and be brief...!!

 

June 2004 I bought a modular house extension system to build me a new room - paid £4k deposit

 

Sept 2004 planning permission agreed, footings dug, we're ready to go.

 

Nov 2004 despite several letters and phone calls there's no sign of the modular panels.

 

note - we needed this done in a hurry - the seller knew this and assured us all the panels were in stock and ready to be delivered.

 

Dec 2004 I phone trading standards for advice.

 

they said - give the supplier 14 days to deliver - tell him if he doesn't deliver by then you will cancel the contract and he will have to repay you the deposit

 

 

so I did

 

no sign of the panels or my money

 

now, I have a stressful job so I thought I'd be a bit clever (yikes) and employ one of those 'no win no fee' collection agencies to hassle the supplier for my deposit back.

 

BIG MISTAKE

 

it is now over 2 years since I employed the collection agency - they have charged me over £1500 and we still haven't made it to the small claims court. There is no communication with them at all - and I feel as if I'm stuck with them.

 

I am so fed up

 

my question is

 

what would happen if I dispense with the collection agency and use the online system to sue the supplier myself? Would I have to also cancel the current court action?

 

The current action, I believe, is in the court system somewhere but I have no idea at what stage. Personally I don't think it's really in the system - I think I've been misled.

 

So would I also be able to sue the collection agency - espcially if I lose my case against the supplier?

 

I'd like to add that this is a private thingy - I'm not a business doing it

[Guest NATTIE]

i think the answer is yes on cancelling the current court action, but i think you would have to pay the collection agency prior to doing so

[campodoro]

do you think that would be better?

 

Is there an ombudsman for DCAs?

 

also, do you think I'd be able to sue them for being cr@p at their job hmmmm

 

is that a viable reason?

 

I just keep thinking back to their salesman who said - no win, no fee, you'll have your money back in 28 days grrrrrrrrrr

[Guest NATTIE]

I would post on the Debt Collection Agency bit of the forum because i am now probably way out of my depth on this one

[campodoro]

I didn't see it until after I'd posted here. I will copy it over...thanks tho

[campodoro]

I just had another thought - is there a time limit for me to claim the money back?

[davefirewalker]

usually 6 years

 

dave

[toddle2u]

Personally I would go the same route with both of them.

I would demand from the collection agency a complete overview of the case and where they are with it exactly. Why have you paid them £1500 if it is no win no fee?

If no joy with them I would start proceedings against them for non-performance for the recovery of the £1500.

I would also start your own proceedings against the modular frame suppliers for the return of your deposit.

[campodoro]

thanks everyone

 

The DCA have small print which states no win no fee only applies for non-legal action (as if any exists) - so the money I have paid them is a percentage fee of the debt, and legal fees

 

(their legal dept. actually said because I'd cancelled the contract I had no chance of getting my deposit back - contrary to what trading standards told me - so much for their legal team)

 

good advice about the letter though

 

finally - is it possible to cancel one set of court proceedings, then start my own, without prejudicing the case?

[campodoro]

ok so we contacted the local court - they are waiting for a N224 and have been since July 2006. I have no idea what a N224 is.

 

please please can anyone tell me how I should go about this?

 

I really want to get my deposit back

 

but now I also want to get my fees back off the DCA

 

with banks there are rules such as if you write to them they have to reply wthin a certain time etc

 

is this the case with DCAs? I can send them endless letters of complaint - but unless they are part of an ombudsman scheme what redress do I have?

 

they can ignore my letters

 

is there a 'body' who I can go to for help with this?

 

thanks in advance for any help

[campodoro]

sorry the name of the form is N244.

 

does anyone know what this form is?

 

many thanks

[campodoro]

oh dear - I feel a bit invisible

 

I hope you don't find it offensive that I employed a DCA when you're all trying to get out of their clutches?

 

I guess if nothing else you see another side to it....and it makes me wonder how DCAs ever get money for their clients :o

 

so, the latest news is, the DCA have not sent off the forms to the court that they were supposed to send last year

 

their excuse was

 

"oh we have to resend the forms because the courts aren't happy that we're representing you"

 

which is a bare-faced lie for 2 reasons

 

1. their 'job' is to represent clients

2. the court have heard nothing since July 06

 

 

so I will draft a stern letter to them asking them for a step by step overview of the case including all monies paid

 

If I submit a copy of my letter prior to sending it, would anyone here be willing to give me their opinion on wordage etc?

 

alternatively if you'd like me to stop posting about this then please do let me know.

 

thanks once more in advance

 

Summer

[kennyparkroad]

i dont think anyone will advise you not to post.

 

post away, see what responses you get.