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Intrum Justitia - Return of the Avon debt


doompixie
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Well, me being me, I totally forgot to send that letter to Avon so now I have IJ on my tail. (Note that Avon never sent me anything in relation to this, else I might have remembered I had that letter to print and send)

 

Just called them after recieving a somewhat threatening letter suggestion court action against me. Told them I could not afford to pay in full and they suggested I pay £23 something over 6 weeks. Thats almost half what my wages are going to be over the next month :( I'm having to cut down my shifts as my small business is taking priority - and no profit from this is guaranteed, especially as I'm paying off credit cards, overdrafts and loans from friends as I go. I did not tell IJ about this income either, just the £50-100 per week I make at my part time job.

The lady was being very rude and up herself so I just hung up in the end.

 

The debt is only £139.13, but I just can't afford to clear it till november. I'm pulling everything I can together to buy my dad's 50th birthday present, and I'm supposed to be moving out so I'm at a bit of a loss :???:

 

Suggestions on what I do next? Please ask if you need more details, I'm not really sure what to include.

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Well first rule is dont talk to them on the phone. If they are calling you send the harassment by telephone letter off this site

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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It's not covered by the CCA (my gf is a sales leader and I've just checked on the signup forms)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Before you even think about paying them anything you MUST make them validate the debt.

Now as I'm unsure if this is covered by CCA, send them a simple letter like this:

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

 

Edit as needed and NEVER talk to them on the phone.

Be VERY careful whose advice you listen too

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