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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Studio/Ace Card & Gifts - HELP!


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Hello guys,

 

I recently ordered some items from Studio/Ace catalogue around Xmas time. I didn't get everything I ordered, therefore making things hectic as I had to go elsewhere to complete my gifts bought.

 

I was quite annoyed by this as its was quite unprofessional by the catalogue. Maybe they were out of stock ? When I got my bill I didn't pay right away as I was disappointed not to get everything, plus I was on benefits. The bill was only around £15.00 in total. Now I am being threatened by a company called Moorcroft Debt Recovery Ltd for fees in excess of 65.16 + £20.00 admin fee (for sending ONE letter). I don't agree with this amount as these fees are really unfair/unreasonable.

 

I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

 

What can I do, I'm only 19 and don't know how to deal with this type of mess...Any HELP would be appreciated.

 

Thanks,

Kirsty19

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Hi Kirsty,

this is Maggie,

see my thread Wescot ,please help.It is to deal with Studio Cards originally.

Hope it helps you,I know its a long thread ,but I hope it will do you some good.

Maggie

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Hello guys,

I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

 

None of those can be applied unless you have a CCJ.

 

1. Any 'bailiffs' that call round will be debt collectors, not bailiffs, and they have no powers of entry whatsoever. See the Debt Action Group section on the main forum page for more about the differences between Court Bailiffs and lowly slime-wyrm debt collectors.

 

2. Employer contact would be a breach of the Data Protection Act without a court order; with a court order (CCJ) they can apply for an Attachment of Earnings order, so that a small amount will be deducted from each paycheque. This would be set by the court to an affordable level for your financial situation.

 

3. Property blacklisting - again, needs a CCJ and an application to put a charge on the house. There is no way that a judge would consider a Charging Order for such a small amount.

 

4. Court attendance - not as scary as you might think, as it would be the Small Claims Court, or the 'everyman' court; you would get as much of a chance to explain your situation to the judge as the catalogue company would.

 

Have you actually contacted the company about the missing goods? You need to write them a letter, sent Special, outlining the situation and making an offer to pay what you actually owe, whilst disputing the rest. Make it clear that you're more than willing to pay what you do owe, but refuse to be charged over the odds for a mistake of their making. Post it up here before you send it and someone'll have a read through.

 

You can also make a request for your original agreement with the company; a lot of companies don't store them with the care that they're supposed to, and without an original signed credit agreement, the debt becomes unenforceable in court. Again, you need to go to the Debt section and read up on Consumer Credit Agreements; the criteria may apply in your case.

 

Hope that helps.

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Click the scales if I've been useful! :)

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Hi Demon_x_slash,

 

I have paid the original amount I owed - was only £14.00, I didn't have to pay for items that didn't arrive (I wasn't charged for them).

 

Its the admin fees and moorcroft fees that I don't want to pay as I feel they have no grounds for charging them. I have the first letter in the envelope, but Hull has been flooded for two days - should be posting tomorrow with a £1 cheque.

 

Thanks for your help, will post any response by them ASAP...

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Thanks Tau.Very much .I have been concerned about Kirsty19 all day.

Hope this helps you in someway Kirsty19.

We are all here to help you as you can see.

Maggie

 

Thankyou Maggie, you've all been great...

 

will post any news ASAP ! :)

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Hi everyone, just got a phone call from 0161 4752802 asking for Kirsty (+ surname). We just said she's not here. They then said "can you ask her to call Andy back - its a business call" on same number. I chose not to answer as someone on here advised me to sort everything through post.

 

Did I do the correct thing ? Should I call back ? I have already sent them the 1st request with the £1 cheque etc. They must have got it today...

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No, don't call back - in one of your CCA/harrassment letters I'm sure it states that you will only deal with them in writing. If you're that worried about it, write them a short line in the morning saying something along the lines of: "Your representative attempted to contact me; I have previously stated only in writing; I stand by that; all further communication not in writing will be ignored..." Personally, I'd just wait and let the deadline for the CCA run out.

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AFAIK, but you'll get a much more assured answer in the Debt forum, upon receipt it's 12 working days before they're in breach, and a further 30 days before they're in criminal breach and the debt becomes unenforceable. Bear in mind, though, that the company can (although unlikely) apply to the courts to get the debt 're-activated'; they will also find this very difficult to do if they can't produce the paperwork. As I said, this is better asked on the Debt forum, as this isn't my speciality :)

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Unless you have kept all your statements, I would also make an SAR request for a list of all the charges they have added on using the template letter.

 

I sent the SAR letter to ACE 2 weeks ago on behalf of my husband, they have just replied with a list of their charges which they have immediately refunded crediting his account. They also credited the £10 chq he sent them onto his account.

 

Regards Joan

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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  • 1 month later...

Kirsty,

I had exactly the same problem as you and I was adamant that I would not pay the outrageous admin charges (£60.00!!), this is what I did:

Copied a letter from the BBC website regarding the refunding of bank charges, changed the wording slightly and sent it recorded delivery. About a week later I had a letter from Studio and they agreed to wipe the charges from my account!

RESULT!!!!!!!!

Hope you manage to sort it out soon,

Bev.

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Hi Bev,

 

We've still had no reply via letter or by phone. Don't know how to look upon this. Whether positive or negative. It does seem a bit strange though. A recorded delivery letter was posted and all instructions followed.

 

A letter from them may have been lost in the post as there was the BAD flooding in Hull at the time and also numerous postal strikes in-between.

 

Glad yours got sorted ! I like good news !

 

Kirsty

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