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.
Deaqr All,
I was wondering if someone could lend me a hand....
Some 7 years ago I bought a set of motorcycle leathers (around £800) on credit with a bike company called Carnells. This company went under and the "debt" was passed onto a company called Clydesdale Financial services. I did not have to do anything and my direct debits continued to be taken by this company. When I moved house around 3.5 years ago, besides making sure all my changes of adress went out early, I contacted Clydesdale to enquire how much I owed. It was just over £100 so I sent of a cheque for the amount and cancelled the direct debit. I then set up a mail forwarding service for 6 months, just in case. I never heard a peep from them.
Now, I am getting threatening letters from a company called CapQuest Debt Recovery. Infact, they wanted £1300. I called them to tell them that there must be some kind of mistake. Besides getting many of my details wrong and teling me to confirm my date of birth and address in writing (which I became suspecious of so did not complie) I have received a seconf letter saying they will cut me a deal, I owe them £839.14 and that if I pay it off monthly, they will pay the equivalent of 30% back themselves....so, I pay £50, they par £15. I have NEVER heard of something so crazy.
What should I do now? I don't owe the money, they have incorrect details about me and I am really not too impressed with the bully boy tactics!
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.
**Edit to suit**
Remember, don’t sign the letter.
See what they come back with.
Or as Bigmac suggests, send letter 'N' in the templates library, with a £1 Postal Order and again don't sign it, also send it recorded.
I am a very reasonable chap, but the second letter, which basically stated they would come and remove things from my house really got to me. I would like to see them try though..its a fully furnished rented house..none of the stuff is mine except a scappy cat and 4 chickens!!
Thanks again..will get the letter in the post tonight.
I won!! They have finally admitted they have no evidence of the debt..after over a year of letters and threats from them!
I followed the advice on here and another forum and CapQuest finally sent me a letter saying that they could not provide proof and they where sorry for the inconvineince!!!
I am sooooo tempted to sue them..they used threats against me, told me they where going to clamp my car (clamping is illegal in Scotland!), where going to force entry into my house (I rent the property so they would need permission from the landlord, again, scottish law) and various other things.
I cannot believe the way this company opperates and then just turns round as if they have been as good as gold and make it sound that it my fault that they could not prove anything!
If someone does make a threat that they will come to your house and take things when you do not owe anything. If they do appear - would if be reasonable to presume they intended to follow out their threat, and as they are effectively then just burglars, could you use reasonable force against them?
I won!! They have finally admitted they have no evidence of the debt..after over a year of letters and threats from them!
I followed the advice on here and another forum and CapQuest finally sent me a letter saying that they could not provide proof and they where sorry for the inconvineince!!!
I am sooooo tempted to sue them..they used threats against me, told me they where going to clamp my car (clamping is illegal in Scotland!), where going to force entry into my house (I rent the property so they would need permission from the landlord, again, scottish law) and various other things.
I cannot believe the way this company opperates and then just turns round as if they have been as good as gold and make it sound that it my fault that they could not prove anything!
Anyway, a big thanks to those who gave advice
I don't know if this applies or would help you decide.
Protection from Harassment Act 1997
You will need to do a search on the sites I was intending to post - as I have insufficient posts to let me post sites.
The definition of harassment seems to be something that would annoy a normal person - and happens twice. How many threats did they make?
Also I know the police will take nothing to do with it - but when is a threat not a threat?
There is a massive fine for false invoicing - but I cannot remember the act off the top of my head. But I dont see it doing any harm mentioning they were sending you false invoices and you intend to report it unless they are very apologetic in a very financial way.
Attempting to obtain money with menaces.
Lastly - call the council - and ask about getting an ASBO against them - as you cannot get less social - and I am sure I read somewhere they could be directed at non natural persons (companies).
CapQuest advice
. I then set up a mail forwarding service for 6 months, just in case. I never heard a peep from them.
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Originally Posted by Garioch
