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Found 167 results

  1. looking for help and guidance re a Capital contribution order for Legal Aid being collected by Rossendales. In 2011 a friend and his partner were arrested for fraud both were co-defendants and both pleaded guilty at first hearing. As part of the criminal proceedings in October 2011, a restraining order was issued from Taunton Crown Court, freezing the assets and including the house. After conviction in April 2017, a Confiscation order was made under the Proceeds of crime act and the house was sold to pay. POCA was for £27k for party A and 260k for party B. on 28th August 2018 Party A received a letter from Rossendales stating a capital contribution order. It has stated the amount is £53697.11 and given 28 days to pay. This is broken own as Final defence costs of £57172.11 and disposable capital of £209185.44. they have stated that his is the equity in the house minus £30k. However, from the Criminal Defence Service (contribution orders) Regulations 2009 reg 17 where an individual is restrained from dealing with a capital resource, the assessing authority shall disregard that resource, and as property was sold under a confiscation order, the monies being paid directly to the court to clear the POCA and the balance then returned. under reg 26 of the CDSR there is no liability Rossendales were informed of this by letter dated 4th September, a reponse was received dated 13th Sept stating they were not made aware of the restraining order and confiscation order, proof of such must be given and then a review will be undertaken. A copy of the letter was also sent to the Legal Aid Agency, to which a similar response was received. The relevant documents have been requested from the CPS and they have acknowledged and will send them next week. today a letter has been received from Rossendale with a heading NOTICE OF INTENTION TO ENFORCE CONTRIBUTIONS ORDER this states that if payment is not made in 7 days they WILL make an application to the court to take enforcement action. Can anyone advise re this last letter, please? My understanding is that as the amount in dispute then proceedings should be frozen until it is resolved. As it stands, by calculations the Contribution order will be assessed as below the £30k and therefore struck. the timings given appear unreasonable, to say the least, and Biffin Ltd v HMRC appears to give guidance on the matter. Any other advice would be much appreciated. sorry if ive done this wrong, but the rest of the documents ross1.pdf 2018_09_28 23_57 Office Lens.pdf own reply1.pdf ross2.pdf ross3.pdf rossnip1.pdf rossreply1.pdf rossreply2.pdf
  2. Myself and my wife had to go onto Universal Credit and this is the only income we have at the moment. We were in arrears with our rent and council tax but had been in constant communication about this. Our landlord was fantastic about it and still is. The council on the other hand have been a bit of a nightmare. We submitted all the budget statements etc so they can see we only have Universal Credit as our single source of income. Yet they expected us to pay £100 per month council tax. To be clear our monthly Universal Credit is £1077 out of which we pay £875 rent. That leaves £202 per month for water, gas/electric, food and other bills. We applied for discretionary housing payment to top up the rent portion of our UC and are still waiting on a response. That would free up money to pay council tax and bills...I think, although it's often the case that they give with one hand and take away with the other. So always been in constant contact with the council. They know our situation but still took us to court which I suppose they are required to do. I did talk to their recovery dept about that and the woman there said not to worry, it is only a liability order and as the council are dealing with our situation and know about the Universal Credit it should be fine. It wasn't! A couple of weeks ago we received an enforcement notice from Rossendales stating that we needed to pay the full outstanding balance by the 13th September plus a £75 enforcement fee or bailiffs will visit and take control of our goods etc. Good luck with that. We sold everything we had in an attempt to stay off benefits! However this was still at the compliance stage so I was aware I could possibly make an arrangement over payments. I phoned Rossendales and at first they wanted a minimum of 75% of the outstanding debt but we got that down to two payments of £237, one on the 18th of this month and the balance on the 18th next month. So far so good. It means we are going to have a problem with rent but I will figure something out. My main concern now is that I have no written agreement with Rossendales. A bailiff could still turn up...although of course I won't let them in but my car is outside the flat and I am concerned they will simply go ahead and place a control on that. So apologies for the long winded post but my real question is are Rossendales to be trusted when an agreement has been reached over the phone? Should I move the car just in case? My wife is ill and on medication. She really doesn't need this sort of stress right now. Neither of us has ever had to claim benefits before and It certainly has been an eye opener to how people are treated, especially by their local councils.
  3. Hello all, I am very stressed and anxious and feel I have no one to speak to about this. I would be grateful for any help anyone can offer me. I will keep it as brief as possible. Thank you for reading and taking the time out to help me. I was arrested for a very foolish issue in 2009, my assets were frozen so I received legal aid as I was unable, due to the restraint order being in place on my assets, to pay legal fees myself. In 2012, after many, many (expensive) meetings with my solicitor and barrister, I plead guilty and am sentenced to prison. I come home in 2014 and have to sell my family home to settle a large confiscation order – no issue with all this – I was a fool and it's fair and correct that I pay back what I made through my ‘crime’. House sold in 2015, confiscation settled. I am aware that I have received Legal Aid (of course) but my solicitors advise that ‘if they don’t contact you, forget about it’ essentially. Now, after selling my home and settling my confiscation order, I am left with a sum of money, certainly well over £30k. I was half expecting a letter from the LAA whilst I was in prison or at least as soon as my home was sold and the freezing order lifted – but I heard nothing. Assuming the onus is not on me to call them and pay my legal aid bill, I assume (that word again) that all is clear and I can move on with my life. The funds I had remaining are slowly spent on rent, repaying family and friends who had loaned me money and a failed business investment (it’s been a rough few years _ In December 2017, everything changes. I receive a letter from Rossendales asking for £100,000 plus in the form of a Capital Contribution Order – the first I’ve heard of it and a ruined Xmas ensues. Rossendales letter states that they think I still have all the assets from before settling the confiscation order, which I do not have anymore. I decide to engage with the LAA direct and they seem fair and I explain that I used to have the assets that Rossendales mentioned on their letter but they were sold to pay the confiscation etc.I send proof of this of course. The LAA ask for annotated bank statements covering the last few years which I send - they show that there is little money remaining and the funds, that I suppose, they feel are theirs, have been spent on 'living' by me - to repeat - I had no idea I owed this money beyond knowing I had received legal aid. My communication with the LAA has been along the lines of 'you missed your chance as all my funds have been spent since being released from prison and your letter came out of the blue etc' – I have been totally transparent and honest with them and have nothing to hide, if they had asked me for the COO upon selling my home back in 2015, I would have had the funds to pay them in full with no argument – but writing to me 2.5 years later, the funds have been spent. After various emails and receiving 3 years of annotated bank statements, the LAA appears to accept that I have spent almost all my funds but because I was left with enough funds on selling my home in 2015, the COO should remain and I ‘still have a liability to pay towards the Capital Contribution Order’. They appear willing to remove my rent payments and settlement payment to HMRC from the funds I was left with, but nothing else. I am struggling with these points: - I have a job and earn c£30k a year – but even if I agreed to pay £250-£500 a month towards the COO – this would cause me real hardship and still take me the rest of my life to repay the debt. - Was the onus on me to contact the LAA once I was free and settle this matter? - Are the LAA likely to make me bankrupt or would they rather I make a payment each month to settle my debt over many, many years / decades Perhaps you could give me some suggestions – I feel really worried and feel like giving up all together frankly. I don’t really dispute that I received legal aid, but I don’t have the money to pay this debt that has come from nowhere. Thanks for reading this far. Phillip
  4. I have an old council tax debt, Rossendales are sending bailiffs to my friends address (I used this address several months ago to get my bank card delivered to as I was of NFA at the time). My friend (whom I don't see that often) handed me a load of letters and told me that bailiffs are regularly knocking at her door demanding full payment, she is worried they'll come in and take all her stuff (which surely can't be legal?). The letters they've sent me are rather confusing, they claim I owe two debts to a local council, one for approx 120 and another for approx 240, the first few letters added £75 to both debts (to the same council, same old address), added £235 to both debts making the total payable over £700. I have nowhere near that amount lying around to pay them and get them off my friends back. More recently they sent another letter regarding the 120 debt and nothing else, they seem to have removed the £235 fee and the total is less than £200 nothing regarding the other 240 (or whatever I apparently still owe to the same council). What's the best way to get them to stop knocking at my friends house? Also, as they've been handed the wrong address by MY BANK , they've been unable to contact me so how can they legally claim fees if they're knowing harassing someone who has nothing to do with the debt in question? I did call them a few weeks ago when they demanded £700 they said I would have to call the "bailiff" directly and he'll want payment in full so I never bothered 1) I don't have it, and 2) I'm not paying a £235 fee (twice + £75*2) even if I did have it), they could have phoned me but instead they'd rather send bailiffs/letters to an address I've told them I don't even live at. I am not sure what my best course of action is, I would rather pay the council directly I've heard they will refuse payment and tell me to deal with Rossendales, I would deal with them but I am not paying a £235 fee out of principle (and certainly not twice). For some confusing reason however, the most recently letter does not include the £235 I have no idea what's going on. I was going to email them and ask but they'd likely take days to respond so I'd rather ask here first. I would also like to know how they even got this address? The only thing I used my friend's address for was to get a card delivered from my bank, so my own bank just gave an address away to a 3rd party company? How is that even legal? Do all banks do this?
  5. Good Morning, I'm hoping for some advise on here please. I have a liability order with Rossendales for £814 and also signed a WPO/ CGA in January 2018 to agree to a payment plan of £200 per month. Originally, the amount was around £1300. I missed a payment on this and the agent over the phone told me I had to increase this amount to £300 per month or they can't help and would go to an enforcement officer.I agreed (as had no choice) on 1st June I missed the £300 payment. Today, I have a letter from Rossendales to say that no extension/ plan will be agreed and full payment now needs to be made. I called them today and she said no payment arrangement at all can be made I offered £400 on Friday and £400 the week after- this was declined. My question is, has anyone had this situation before I wanted to know how long it will take an enforcement agent/ bailiff to attend my property demanding full payment or seize the goods because it's Monday 11th today and I can have the full balance on 25th but I have no idea if I even have 2 weeks until they turn up Any advise is welcome it's all new to me and I've read through so much conflicting information. The Rossendales telephone agent had no idea either by the sounds of it TIA
  6. Hello, Today I have received 2 letters addressed to me and my ex from rossendales regarding a council tax debt from 2008/9. Liability order dated 2009. Total £950 (inc £75 charge for each debt) I had no idea this debt existed, not making excuses but it was from a very bad time in my life where I was subject to domestic and financial abuse from my ex. He has had no part in my life and I have an injunction against him so to see his name on a letter made me feel sick. I phoned rossendales and after much arguing and discussion, I was bullied into paying £80 a month. I can’t really afford it but do understand that I am liable for the debt so need to pay. They said on the phone that they will NOT chase my ex partner for the debt, because my name is listed first and they cannot chase both debtors. I realise that I am liable for all of the debt and not just half, but seriously? How is it anywhere near fair that they are not even going to try to contact him to pay the debt. They also refused to take his name off any correspondence to me (just to add insult to injury!). Are they correct in what they say? That they CANNOT chase desperate debtors?
  7. Had a letter hand delivered from rossendales regarding a unpaid debt for £400ish that says i have 24hrs to pay outstanding amount or they can seize goods and also force entry?
  8. Hi all, First time poster looking for some advice. The debt is for overpaid tax credits and the amount is £1500 (£750 each me and partner). i haven't replied to any correspondence, which started with letters from Rossendales, then it was sent back to HMRC and now back with Rossendales who have sent a 'final demand before legal action. n anyone please help with a few questions. 1. What would likely happen if i ignored this? Chances of Rossendales/HMRC applying for CCJ? 2. If i CCJ was applied for would i be given a final chance to pay before it showed on my credit history? 3. Can this affect my credit history anyway? (even if a CCJ isn't applied for) I am aware this probably has to be paid however i only want to pay around £40 per month, what's the best way of negotiating this? Thanks in advance for any advice.
  9. Hi all, I received a letter yesterday from Rossendales saying I had to pay almost £3300 within 7 days due to HMRC saying I owe for overpaid Tax Credits from 2009-2010. I disputed the overpayment at the time, as HMRC wanted proof of my childcare costs and I was in dispute with my childminder at the time for an incident with my daughter where I removed her from their care and they refused to give me receipts, saying their paperwork was with their lawyer as they were going to do me 'for slander'.... I explained this to HMRC and said I couldn't provide the receipts. Haven't heard anything for at least 4 years now, and all of a sudden I have this letter from Rossendales saying they are collecting it. My personal circumstance has changed massively since the dispute, I am now married and a homeowner, however I am currently on maternity leave which will become unpaid after the end of February, where my only income will be my child benefit (my husband wants me to stay at home). Question one - if I have no income myself, what can I say to Rossendales? Question two - will they take my husband's wage into consideration? I wasn't living with him at the time of the supposed overpayment and the debt would not be his. Thanks in advance
  10. Hi everyone. I'm just after the best advice as to how to deal with Rossendales. Naturally I haven't and will not speak to them on the phone. They are claiming I owe a WTC overpayment of £139.07 from 2014. This would have been from the time when I was self-employed. I can just about remember getting some derisory amount of a couple of quid a week from way back. Could this be it? Anyway, I thought I would 'test the water' so to speak with them and wrote back asking if the debt had been assigned to them, knowing full well that HMRC doesn't assign debts. They came back with two letters, one factual, one rude saying essentially send us a statement of your finances and stop messing about! Now for the life of me I MIGHT owe this debt, but then again I might not and HMRC could be wrong. Rossendales say they don't under the 2005 Act have to provide info proving the debt. I am minded to fire back a letter along the lines of 'psychological harassment' and say if you won't provide the info get HMRC to but I would welcome all views and thoughts before I do.
  11. I'm hoping someone can help me with advice. I am currently trying to deal with rossendales about council tax debt. Originally just over a month ago I received notice from a bailiff about 2 amounts of council tax that I owed. I admit that I have been burying my head in the sand lately. One was for 2015/2016 and the other 2016/2017. I managed to miraculously pay of the first one by scraping everything I had over a two week period. The second one i queried though as I have been a full time student since sept 2016, prior to that I was unemployed for a few months. The bailiff allowed me to contact the council to sort this out. They had claimed that I didn't give them the exemption form from my uni which I did and had a receipt to prove I had in Sept. this has been sorted I think and they have adjusted how much I owe to £253 and informed the bailiff who has said with fees it is £440 and needs to be paid immediately. I tried to ask if I could pay it in smaller chunks but he wouldn't even engage in conversation about it and said he wouldn't be allowed to do that. I have been told that he has a right to enter my house by the court. He is phoining me tomorrow expecting me to make full payment and I'm terrified as I won't be able to make the full amount. I'm a lone parent and surving on an NHS bursery and some housing benefit. I get a payment of my burset tomorrow but some of it is for rent etc. If I pay the full amount I will have absolutely nothing to buy food or put money on gas/elec meters for weeks. I'm scared that he's going to come to my house whilst my daughter is here as in think it will really frighten her. Is there anything I can do? Or is it too late now?
  12. Quick summary: - I owed about £200 in tax, which was passed to Rossendales - Tax was paid directly via HMRC website - Rossendales requested proof, which I sent - Rossendales then tell me HMRC say this relates to another debt (even though the payment reference shows the correct debt) and for me to send a payment proposal. - I send an SAR to Rossendales requesting among other things, a transcript of the conversation with HMRC about this being the "wrong debt". - Rossendales write back saying: "Sorry, we are not the Data Controller, send your SAR to HMRC" Question - is Rossendales obliged to deal with my SAR or can they pass the buck to HMRC?
  13. Hello guys I had a visit from the bailiff last week for council tax arrears they walked into my property and up the stairs before I got to my living room door as I live in upstairs flat so too late they were in we're ready with a list of what they were taking these 2 bailiffs were looking in my drawers and cupboards is this allowed ??? I managed to borrow the 2,600 pound from my mother but was very distressing to say the least . But it doesnt end there I'm afraid I've had another letter from rossendales for another 700 pound for a different yr council tax . I have been to the council to ask to take the debt back but they said no . Since 2008 I have lived on my own and never claimed the 25% reduction of which I now have put a claim in today was told this can be backdated a few years which will probably bring my bill down quite a bit I have had an expenditure letter from rossendales am I best filling it in and sending it off to them as I do not want to go through that sinario again I do work 30 hrs a week and live alone . .any help from you guys will be totally appreciated ... Many thanks
  14. I received a letter today from Rossendales regarding a £500 debt I owe the legal aid agency. Considering my case was only last week they've been fast off the mark. The case concerned an appeal in Manchester which I was unsuccessful. I live in Scotland. I have two questions: Does the LLA or Rossendales have any authority in imposing this charge as I live in Scotland and we do not have bailiffs? If forced to pay what is the minimum I can pay per month? I have no intention of sending details of my personal finances to Rossendales. I have no contacted anyone yet but I am aware not to contact anyone by phone. Thanks in advance for any advice.
  15. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  16. I recently agreed a payment plan with Rossendales to pay an outstanding Vodafone bill of £49. Two days ago I received a letter from All Pay confirming the first payment of £10 and a schedule for the payment of the balance. However the letter was addressed using only my surname with no title or initial and it could have been opened by either my mum or dad with whom I live. Had this been the case there would have been upset and in all honesty hell to play! All Pay are saying it is not their fault and are blaming Rossendales and/or Vodafone. Is this a breach of confidentiality?
  17. Wonder if anyone can help I got a late road tax fine from Advantis which I paid 6 months ago and now I have just received a letter today from Rossendales debt collectors saying I owe them £80 for the same offence. Why would this happen? Should I get in touch with DVLA?
  18. Does anyone know the bank details of Rossendales to set up the standing order, its the account number and sort code of Rossendales i need, its not clear on the website. Its because i have a bailiff coming in the morning and he said he will be taking goods. I have explained i am in terrible grief following the death of my partner, i explained i will not cope with the upset, i am in process of facing all the things i have not felt able, but i have a lot of unopened post so it wont be the only threatening letter. i need to be realistic an offer what i can. I want to set up a standing order to pay in installments the balance , first if i have proof i am repaying will it stop any seizure of goods. secondly i looked on website but cant find the account number and sort code of rossendales to set up standing order. I wondered if anyone else has managed to locate it
  19. I have recently received a letter from Rossendales stating that I was overpaid working tax credit a few year ago and they demand the cash back asap. I spoke to HMRC 2 year ago about this and they said they would send me out an invoice each month so I could pay it back that way. I did suggest they just change my tax code and take it from my wages but they said they only do this as a last option. My question is can Rossendales mark my credit file? What rights do they have? I have tried to contact HMRC over this matter but not managed to get through up until now. I want to pay the money back but dont want to deal with Rossendales.
  20. Hi, I am completely new to this so please bear with me. Firstly the brief back ground- I met my (now) wife back in 2010, she had previously thrown her violent alcoholic ex out after he assaulted one of the children, whilst they had been together a matter of years he had favoured drink over paying the bills when given bill money, so things like council tax didn't get paid, he walked scott free and we have been gradually clearing the debts since we met and were finally getting close to seeing some sun light, or so we thought. last year I went self employed part time along side doing a college diploma and caring for our disabled son, my wife was just finishing a degree and was pregnant we supplied all our income to Boston borough council who decided to impose a "fictitious figure" of £1000 a week income (I wish), thus stopping all our council tax support, I cancelled the direct debit whilst they sorted it out as they were trying to take more than they were entitled to and far more than we could afford, but as I did not want to get into trouble I made manual payments by card each month keeping us to the agreement for the arrears. Once the council tax support had been set up with the correct income I rang up and set up the direct debit, it was agreed that they would take £19 a month for this years bill and £20 a month for the arrears, it was agreed that this would be taken (£39 a month) starting on the 12th of April, this I thought would be the end of it and I would just need to make sure the money was in the account available, boy was I wrong. Instead of setting up the direct debit they passed the debt straight to Rossendales who have added £75 to the 3 outstanding years bills (totalling £225) with the threat of 3 x £235 if we haven't settled or made an arrangement by the 6th of may to clear the entire (now just under £1500), 4 years ago we owed over £2200 just for this arrears not to mention the other debts we have cleared either fully or up to this point are clearing this council tax arrears was down to around £1200, its like a massive kick in the teeth. Surely the council cant just hand over the debt to these people after I had made an agreement with them, I didn't even realise they hadn't set up the direct debit until we received these 3 letters today and I checked the bank to find the money still sat in the account, if there was a problem with the bank the council didn't even contact to say they hadn't been able to collect or I would have paid it by card and enquired with the bank what the problem was. Surely it also can't be legal for Rossendales to impose charges like this, one lot I might have been able to deal with but three lots each time is going to force us to declare bankruptcy! I am sorry if it has been a bit long winded but I wanted to give as much detail as I thought might help, I am worried sick, me and my wife aren't even talking at the moment as she feels its all her fault and wants to sell everything she owns in the hope that it will raise enough cash to make a reasonable offer (but I can only see Rossendales taking what she raises and wiping it out with fee's getting us no where) causing a massive argument, we have a six month old baby as well as 3 older children and were looking forward to her first proper Christmas, now I fear I may have to tell the children we can't afford to get them any thing this year, not to mention if the bailiffs attend and decide that their games consoles and tv's can be taken towards the debt I feel so helpless and hate it has caused so much friction between me and my wife as we both just want to sort it out, I could even understand it if we hadn't been paying but we have. Please can any one help?
  21. hi hope i'm posting in the right place . I currently have a debt to the council for just over £1000 on the 18th of april a rossendales bailiff posted a red enforcement notice through my door i wasn't in so obviously didn't answer.I haven't contacted him i contacted the council to find out why i owe this money and request they handle the debt they refused and said i had to contact the bailiff. This morning the 20th he has knocked on again this time with another enforcement notice stating he will be back on monday the 25th to remove my goods even in my absence can he do this im currently on benefits with an 8 year old and 7 month old in the house .He claims other costs will be added to my bill of £110 for removal plus disbursements for which i will be liable ..is he allowed to just keep coming back every few days ? Im worried sick i haven't got the money to pay him and not sure now what i can do i don't own a car and i doubt the things in my house will cover the debt .have rang the council again and there refusing to take the debt back. The debt is from 2 separate properties i assumed i was getting council tax benefit but apparently what i was awarded didn't cover the full bill the bill covers 2013-2014 then 2014 -2015
  22. Hello, it's been a while and just wondering if anything has changed. I have a customer who has three council tax accounts for previous years which have been handed to Rossendales, the initial (pre fee) amounts come to about £1000, no doubt will be substantially more by the time Rossendales add their pound of flesh. same old story, she offered a repayment amount, they want treble her offered and won't budge. It used to be the best advice was to simply ride ride it out, lock the doors, relocate the car, allow no access and sign nothing and hide everything, so they couldn't get a WP, try to get the accounts returned to the council, is this still the best advice? What is the general period they have to collect on an account before it's returned?
  23. I had a DRO last year which after closing my business down wiped out about £9,000 of business rates and other things such as unpaid tax and electricity etc. All well. We live, we try and if we fail we hope that we can pick ourselves back up and have another go. Now, today I had a letter from Rossendales they said I owe £1000+ for over payment of tax credit. There's no way I was overpaid. To my knowledge it was all signed off and all acccounted for in the DRO. I am trying to move on, not be dragged down by this crap and I will not let them affect me. What to do? I actually called Rossendale and told them this and half way thorugh realised people say do it in writing. They only told me what I know, that they are acting on behalf of HMRC. Really not sure what to do at this stage. Please advise. I am through with these people trying to mess me up.
  24. i received a letter a couple of week ago from rossendales for a council tax debt of £491 i rang them and offered to pay £25 a week which would be a struggle they refused it and said i had to pay £69 every week or they would take further action. I tried to explain i couldnt afford it but they were having none of it. I have paid £50 off the debt £20 last week and £30 the week before but the bailiffs had came when i was out today and now want £676.61 and will be returning on friday t says they will be removing goods even in my abscence. Can they do this. I dont know what to do i have tried to explain to them and i rang my council who said they couldnt do anything now that it has been passed to them. I thought it had to go to court before bailiffs could come. I am trying to pay it but there is no physical way i can pay £69 per week .Please help
  25. It's all new to me and today went up a level I need advice I was taking my missus from airport while driving my phone were ringing few times + texts. Stopped just before airport gate on blind roundabout exit (road to nowhere). Wasn't long 5min tops and then I went in. No signs about not parking anywhere... Paid for parking on exit (chucked ticket away when i got home) Got pcn from vcs. 60£ if paid within 2 weeks. Looked for advice on internet. Ignored it as advised Another letter 100£. Ignored Now its that "professional debt collectors" company asking for 130£. What can/should I do??????? Please HELP!!!!!!!!!
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