Sorry my information was slightly off, the job was nearly a year ago. It was a total of £18,000 and £8,000 was paid in stage payments by cheque with the balance to be paid at the end of the job, which is only a verbal agreement. What the sub-contractor is saying is that he cannot pay until his 5% retention is paid. Even if he was withholding 5% retention from my friend (£900) the other £9,100 surely should of been paid by now. My friend just wants to know where he stands legally for the outstanding balance.

I have a friend who is a self employed tiler, he completed some work a few months ago and is still waiting for his money from the sub-contractor. The excuse he is getting is that "I have not been paid for the job, therefore i cannot pay you", now i thought this was against the law as he was employed by the sub-contractor, NOT the main contractor or client. Please help

Thanks for that, it was what I was thinking all along, but what happens in these cases anyway, just because a DCA thinks they can collect the money it doesn't mean they can. I know my partner on principle will not pay these cretins he would rather have his say in court and considering he's self employed with not much work lately i don't think anyone will get any money.

No, the only thing my partner had 3 years ago from RBS was a default notice, since then we have had 4 different DCA chasing this debt

My partner took RBS to court back in 2007 for approx £1300 for bank charges, so from taking tham to court back in 2007 and up until now there is another £1000 full of charges and interest, however im not sure that RBS has sold this debt on we have had Triton, Apex, Allied credit and now Rob way chasing this debt, the other 3 just gave up after we sent several letters to them.

All I know is that the OFT lost and he hasn't had no correspondance from the courts, also my partner has had Triton, Apex, allied credit and now Rob Way chasing this money

It's for an overdraft that he took the bank RBS to court for back in 2007 and they put a stay on it, the overdraft was for roughly £1300, Rob Way want £2,300

Thanks for that, however he doesn't get any phone calls from them anymore just letters. The consumer library only has telephone harrassment letters because they haven't proved this debt apart from sending a copy printout of bank statments with huge amounts of interest charges on them. This is the fourth debt collection agency trying to chase monies the other gave up after a couple of months, maybe he should just file and ignore..

Robinson Way keep writing threatograms to my partner, they cannot prove their is an allege debt, anyway does anyone know where I can find a harassment letter to write to these idiots they are even trying to threaten my partner with court. Any help much appreciated

Does anybody know on this forum of anyone actually been taken to court by a DCA for bank charges/overdrafts, you always hear of people being taken to court by DCA for Loans/credit cards, i just wanted to know what the position is because i thought for a DCA to take you to court for a debt the DCA has to have the correct paperwork and actually has to own the debt first because if they have neither then surely it wouldn't stand up in court, or am i totally off the mark....

Yeah, honestly though i would love it to go to court and so would my partner, however if he ignores they are only going to start up their pathetic phone calls again and threatograms, i just really wanted to know if they have any right to collect this debt, otherwise if they don't we both have a bet going who the next DCA will be.

I can't remember the exact amount but the balance when my partner took RBS to court was approx £1300 (never over £2000) they just kept putting charges on even though it was stayed. My partner is self employed, work has been very slow for him lately, there is no way even on principle he would pay back this money as the charges was what got him into trouble in the first instance. Three years ago RBS did offer him £1,100 in settlement, he declined on principle and look where that got him (3 bloody years of harrassment from DCAs). Anyway i know my partner would rather go to court than pay these parasites.

Thanks, I was wondering if I could write to them asking if they actually own the debt because my partner is bloody sick of these people thinking they have all rights to collecting money owed. Is there a template letter asking (correct me if i'm wrong)for the deed of assignment.

Many DCAs have been chasing my partner for an overdraft, we have had Trition, Apex, Allied Credit and now Rob Way, sent Rob Way prove it letter they came back with loads of bank statments, then sent a CCA with postal order (i know overdrafts don't cover CCA) my partner cannot afford to pay this debt even though originally it was for £1300 and at the time 3 years ago he took the bank to court, the debt in question is £2300 now, the other DCAs just keep passing it around and today Rob Way have sent the postal order back saying - Further to your recent letter, our client is entitled to pass defaulted accounts for external collection. Please note that as this debt relates to a current account there is no obligation under the Consumer Credit Act to provide a copy agreement. Copy statements have been recently sent to you. Please find attached your £1.00 postal order. Payment is now due on this account. So what does my partner do now, as said this has been a disputed debt with other DCAs and they just keep passing it around, don't know what my next course of action is any help?

Thanks, i just don't really know what to say in the letter when asking for infomation