Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I received a phone call a couple of months ago from a company called Iqor Recoveries stating that I owed £69.41 to Shop Direct (Abound). They claimed to have written several letters to me (none received).
The weird thing is that I did owe a debt to Abound about 5 years ago. It was passed to a company called Geoffrey Parker Bourne who obtained a CCJ against me (CCJ issued in 2003). I made the final payment on the account April last year (and have the letter to prove it). I explained this to Iqor who asked me to send them proof that i've paid this debt already.
I've sent them a copy of the "account satisfied" letter from GPB as well as a copy of the receipt from the final payment I made (I kept everything!) However, I am still getting phone calls from Iqor demanding payments. They claim that my letters have never been received. I've now had a letter claiming that the debt was issued to Iqor from a company called Phoenix Recoveries (UK) Limited. I have never heard of this company. Again, they are demanding immediate payment otherwise they will start legal proceedings. This is so frustrating as I know i've already paid this!
I really don't know what else to do. None of the reference numbers Iqor have sent me match the reference numbers on the account that I paid off. Even the amounts of the debt are different. Are they just trying to [problem] me out of this money? Please help!
Did you retain proof of posting, etc? if you did, then contact trading standards and make a formal complaint. If you didn't, re-send the proof and this time send it recorded (registered is better)
contact (in writing) the DCA and request a copy of their complaints procedure.
It is up to them to prove that you owe the debt, not the other way around.
Next, it's not up to YOU to prove that you DON'T owe them money, it's up to THEM TO PROVE THAT YOU DO!
You could send them this letter by recorded delivery to be signed for. DON'T SIGN IT print your name.
Dear Sir/Madam
Account no:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully
Hope this helps
PV
LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008
Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009
Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009
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Like MaroonDevo keeps telling me...I need typing lessons coz I'm too S L O W!!!
......................... ........and its because, not coz!!:o
Excellent advice.
Please keep us posted silverminority
Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.
Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-
Hey all - Firstly many many thanks for the advice. Just updating on this one.
I sent a letter to iQor on 9th April (r/del) basically saying that if they wanted me to re-send any documents then they had to request this in writing and I told them that I required a copy of their complaints procedures. Also made strong complaints about the conduct of staff and the "disappearing" documents I had posted. I also, in the same post sent a request for a copy of my CCA accompanied by £1.00 P.O.
They signed for the letter on 17th April (Royal Mail - efficient as ever!). I then counted down the days to the 12-working day reply deadline. On the 12th working day I got a reply - not a mention of the CCA letter, but a letter stating that they are investigating my "complaints into the conduct of our organisation" and that they are putting the case on hold until they receive further instructions from Littlewoods Shop Direct.