illegal collection activities coventry debt solutions help please

[jimbot999]

this is a long story! the details of which i will post later

for now i need advice as to what to do about coventry debt solutions, basically they are doormen/wheelclampers with no court enforement powers or legal documentation and are using scare tactics.

i have a debt for equipment that was delivered faulty, it has been all the way to high court and never enforced due to wrong name on court papers (they actually got my name wrong) but due to this i have been unable to enter a defence (papers returned "named defendant respose required" ie action not in your name cannot accept as evidence)

i have no cca for the balance of the purchase price we paid a deposit the equipment delivered was a) not as described (ex demo upto 9 months old orded - actually was 2 years 10mnths) and b) was faulty on delivery (even in the court papers the other side said it was faulty.

we withheld balance of payment obviously and communication broke down it then went to court several time but i have never been able to defend it as the name on the petition is incorrect.

anyway having gone the legal route to no avail the other side FARO have now decided to use Coventry Debt Solutions.

to date

CDS called me to arrange collection of the desputed equipment i still have 1 of 2 parts to it (ive been arrested for theft over this and no charges brought the police returned 1 part to me 1 part to FARO saying that as i had paid £5000 deposit it was in there eyes mine) i eventually agreed to this as i want an end its over 2 years now and they informed me that they would a) get all court action stopped and removed and b) so long as equipment was not damaged return of my £5000 and that this was an offer from FARO (it is i have confirmed before this action but i asked for recompense the episode cost me over £25,000 in setting up a new business and giving up my job to go self employed and a letter to say they were wrong to take action for faulty on delivery equipment, i didnt think i would get any money but wanted the letter)

back to CDS

i arranged for them to collect it from my solicitor a week later as he was away, the following day they were at my home address and called me to say they were there.

i stood my ground and said no

next day a phone call and a text, the text "you need to call us to sort this out"

the phone call "were not waiting for your solicitor you need to meet us now were not the types to wait we never have had to"

anyway i ignored them and didnt go to work kept the doors locked at home (if you visit there website tey practically claim t use bully tactics)

went to the solicitor as agreed they failed to turn up then 2 hrs after appiontment they turned up at my home and were intimidaing to my wife.

after several calls they agreed to go to solicitor

they arrived before me and a man gave only a busness card and said he ws lee ++++ the director in fact he is not. when pressed for papers they could not provide any, but as i had agreed to return item solicitor advised me to do so and so i did.

they then ran out of the office with said equipment refusing to sign anything and called me within a minuite to say "we'll be back for more" my solicitor heard this call on speaker phone.

since then 2 different men from CDS have turned up at home and throught the window shown pictures of me and my work colleuge and papers made to look official she was on the ball enought to tell them to p>>> o>> and that they were racatering at which they left

since that they turned up at my work at 8 am and told the landlord they were here to buy a car they failed to disclose who they were but we had forwarned the landlord

 

obviously they are not acting within the law, however do they care? are they regulated? they are just debt collectors not court approved acting on a personal action by a uk sales director they have no papers or legal standing but what do you do?

 

help please any advice would be soo welcome.

i'm sure they are trying to have a face to face confrontation to be bullies

Ive seen threads on cca and the right to visit you needing and appiontment but ive lost the links from days ago if anyone can post i would be greatful

[ScarletPimpernel]

Was the equipment a personal or business purchase. This makes a differnce to your rights.

[jimbot999]

the equipment was for a start up business

the terms of purchase were payment in full before delivery but i could only pay £5k by end of month to get sales in there quarter (to hit targets) they put it through anyway

 

the factory shipped equipment anyway 2 days later (i had agreed to take delivery 2 weeks later and pay balance at this point) there was a communication error between sales dept (uk) and wharehouse (germany) no part payment agreement has ever been entered into, also no written signed purchase order has been made only an email confirming offer of "ex demo equipment quote number" has been passed between us

 

the business failed before it started really as i had a good contract that i left my job over and bought this equipment to go self employed, i lost the contract as i could not do the job (due to faulty equipment) hence my losses i stated earlier.

eventually i closed the company officially (we were vat reg) some 12 months ago and before 1 year of trading and reverted to my old work but suffered a car accident and broke my neck, its been reparied with a solice cage and removal of 2 vertabra and i am up and walking but signed off sick although offically un employed so now i do a few odd jobs for a friend perhaps 2 to 4 hrs 2 to 3 days a week (he makes kit cars in a unit we shared when i tried to start this business) when i can mainly computer work and the payroll

this is all declared to the working tax credits as my partner does 16 hrs to try to make ends meet weve been advised to go bankrupt now as we have debts over 25k and a rented house but this still doesnt affect or stop these debt collectors.

 

thanks for the quick reply so greatful

[ScarletPimpernel]

You talk about a company. Was this a limited company, or were you a sole trader?

 

I've tried to look up Coventry Debt Solutions. They appear to be a very small organisation. They do not appear to have a consumer credit licence - which they need unless they are collecting only from limited companies. Trading without a consumer credit licence when one is needed is a criminal offence.

 

They also do not appear in the ICI database as registered data processors. This is also a legal requirement.

 

It sounds as if some aspects of the way in which this matter has been handled are suspect - court action where the claimant failes to serve the correct papers and so on, and the DCA the supplier is using does not appear to be compliant.

 

In the circumstances, I'd suggest that the first thing you should do is contact your local Trading Standards.

[jimbot999]

hi thanks

yes i have contacted them via the avenue you now have to go down ( i forget what they are called but you cannot call TS direct now) and logged a complaint.

i was a sole trader.

any other ideas as to how to prevent or stop them?

thanks again

[ScarletPimpernel]

Debt collectors have no legal power at all. If these creatures turn up again, tell them to put whatever they have to say in writing, and tell them to leave immediately, or you will call the police. If they don't go, call the police.

[LJL]

Out of all the DCA's I have dealt with Coventry Debt Solutions were to be honest, the most helpful and polite! They have a job to do and seem to do it well!

 

Much better than others I could menition who were very rude and unhelpful, why dont people realise that politeness and manners cost nothing, what ever your situation?!

 

The above company repossessed my vehicle, no alarms going off in the middle of the night, just a knock at my door and a polite agent showing me the paperwork and explaining the procedure - no problems at all! He even emptied my car for me as I was eating!

[ScarletPimpernel]

However helpful and polite a DCA may be, they need a Consumer Credit Licence to be able to operate within the law; collecting debt without one is a criminal offence. It is also a legal requirement for them to be registered as data controllers with ICO - this includes showing all their trading names.

[LJL]

Very True! I would be suprised if they were not licencsed (large car finance company they were working for), I shall dig out the paperwork and check, the repossession agent was uniformed with a name badge identification etc but I did not ask if they were licensed.

 

Also I have a friend who used them to collect a business debt for his exhibition company and they got it back without problems, I'll email him now and find out the score.

[Kraken1]

Hmm. Website states that they only do business debts but you appear to have been a sole trader and therefore might have been covered by they CCA. if this is the case then they need to be licenced. What did you credit agreement say?

[cerberusalert]

They don't seem to be registered at Companies House either. Nor is Lee James the supposed director a registered director. And according to their website Coventry Debt Solutions - Professional Business Debt Collection, Coventry, West Midlands they are not members of any related trade groups.

[Kraken1]

could just be a partnership I suppose.

[cerberusalert]

I was bored so I've emailed their enquiry department:rolleyes:

 

What is your FSA registration No.?

What is your company registration no.?

Why is your Director Lee James not a registered director at Companies House?

How many licenced bailiffs do you employ?

 

I do require a response before I make further enquiries to the regulatory authorities.

 

Their reply if any will be interesting.

[Kraken1]

also could ask Cov court if they have certificated them.