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GhostDebt

Autoglass LBA - Where do we stand?

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Evening all,

 

Received a letter from Autoglass stating:

 

You have failed to respond to any requests for payment or inform us of any reason for non-payment of the following invoice.

 

Please note that unless payment is received in full within seven days from the date of this letter we reserve the right to commence legal proceedings without further notice at which time we will seek to recover our costs and interest on the outstanding amounts.

 

If you wish to arrange payment or discuss this matter further please contact our debt recovery team on......

 

-----------------

I have drafted the following letter to fax and post to them tomorrow:

 

Account in Dispute

 

Dear Sir/Madam.

 

In your last correspondence dated * you informed me that you would be sending me a copy of the above mentioned invoice, so until this invoice has been received I am somewhat confused by your latest correspondence.

 

Please note that at the time of the glass replacement the vehicle was insured with .... so I am of the considered opinion that you should investigate this matter with ... in the first instance and determine why they have not paid you the amount you claim is due. Please also note a copy of the insurance certificate for the vehicle was presented to the fitter at the time of the glass replacement as required.

 

If ... claim that the vehicle was not insured at the time, I would respectfully suggest you ask them to provide evidence to support this, along with copies of any correspondence sent and proof of postage/ delivery.

 

Please also provide by return a copy of the invoice, detailing a full breakdown of the how the amount you claim is due has been calculated.

 

I would like to draw to your attention the Office of Fair Trading Debt Collection Guidelines July 2003 (Updated December 2006) and specifically parts 2.2(e), 2.4(f), 2.6(f), 2.6(h), 2.8(i), 2.8(k)

 

Should you fail to acknowledge or investigate this matter in an appropriate manner, I reserve the right to report you to the appropriate regulatory authorities including but not limited too: The Office of Fair Trading and Trading Standards.

 

I expect your due diligence in this matter and expect a written response by return informing me that you have placed the account on hold whilst it is investigated further.

 

Yours faithfully,

 

----------------

 

Any commets? Does the OFT guidance still apply in this instance?

 

Best regards.


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Alternatively, what about something along these lines?

---

Dear Sir / Madam

 

Your Reference: xxxxxxxx

 

I Do Not Acknowledge Any Debt to Your Company [/font]

 

I refer to your recent communication dated xxxxxxxx

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question by supplying the relevant documentation.

 

1. Copy of any contract relating to this alleged debt

2. Copy of the final bill

 

If you are unable to provide evidence as to my liability, I 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 now require all further correspondence from your company to be made in writing only and not by telephone. Be advised that any telephone calls from your company will be recorded. If you harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM and you will be liable for a substantial fine.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

 

-----

 

?? Any thoughts?


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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I think the second letter is better, because I suspect that this matter will revolve around who the contract with Autoglass is with - you or your insurer, and this may depend upon who actually asked them to carry out the work. You may also find it useful to ask why your former insurer why they haven't paid.

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Thanks for your input ScarletPimpernel

 

Best regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Share this post


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Brief Update:

 

Received a letter stating.

 

I write with reference to your complaint received on ..

Thank you for bringing this matter to our attention.

I have investigated this further and have spoken to your Insurer who have advised that our invoice, relating to the work carried out on your vehicle, was unfortunately rejected in error.

By way of resolution, I can confirm that this has now been re-invoiced to your insurance company and they have agreed to pay.

Please accept my apologies for any inconvenience that may have been caused.

 

---

Success at least...

 

Thanks for your input SP.

 

Many thanks.


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Share this post


Link to post
Share on other sites

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