Debt Collection etc

[peachypeach01]

Hi all! This is my first post on the consumer forums and I hope I am posting in the relevant area. I have been reading posts on the forums for quite some time now, but I would appreciate some guidance before I respond to two debts which I apparently have outstanding.

 

I am a student and moved house last year. The house I moved from was home to seven other students and this often meant that mail was lost or not received. I recently went back to the house and collected my mail from the new tenants. Included in this were a number of letters relating to 1) Crown Litigation Services (AOL Broadband - Broadband at the old house) and 2) CSS Collect (Parking Eye Ltd).

 

Here are the most recent letters I found for each debt:

 

AOL:

 

 

 

Parking Eye:

 

 

 

After not receiving any correspondence at my new address, I was advised to wait until I heard something. A couple of days ago (in my current house) I took over the direct debit for British Gas from my housemate, and two days later received a letter from "S.R.J Debt Recoveries", entitled "Trace Confirmation". The letter requests that I contact them immediately (by phone) quoting the reference number included.

 

SRJ:

 

 

I would very much appreciate any advice anyone has on dealing with these companies. I can obviously go into more detail with each matter if it helps (and if anyone is willing to read it for that matter!) but to start with does anyone know which debt the SRJ letter is likely to be about? I have read posts relating to both Crown Litigation Service and Parking Eye "defence", but as it stands at the moment I am unsure of what to do next.

 

Thanks for your time.

[kurvaface]

Hi Peachy and welcome to CAG. You sure are in the right place to deal with this lot.

 

1) Never never ever speak to a DCA on the phone unless you know what you are doing and recording the call.

2) only communicate in writing.

3) print your name never sign.

4) send everything recorded delivery

5) relax

[kurvaface]

OK.... as a start

 

These monkeys seem to be adding their own fees which is I think not allowed.

 

Have a read of this (It's an education):

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

The NAtional Debt line is worth a ring for reassurance:

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

and there are some very useful templates here:

 

The Consumer Forums - Debt collectors

 

 

Keep bumping this thread because there are bound to be CAGgers who have direct experience of these clowns:)

[dx100uk]

ccs collect.

ignore

its for a PPC from morrisons car park.

 

srj ignore too.

 

as for CLS

i doubt that will go anywhere either.

certainly not a court !!

 

ignore that too.

 

there all sorted!

 

 

dx

[peachypeach01]

Hi kurvaface,

 

cheers for the quick response and I'll have read of the links you put up and then do another post. Just to give me a rough time frame, how long do you think I have before I have baliffts come a'knocking!?

[kurvaface]

ccs collect.

ignore

its for a PPC from morrisons car park.

 

srj ignore too.

 

as for CLS

i doubt that will go anywhere either.

certainly not a court !!

 

ignore that too.

 

there all sorted!

 

 

dx

 

There you go peaches form someone who doesn't mince their words:D

 

If only everything in life was so simple:lol:

[peachypeach01]

Hi DX,

 

sorry, I posted just before you did! Thanks and if everyone thinks that'll work then it seems like an easy one to try! Think I'll have a read anyhow though just incase!

 

Cheers:-)

[kurvaface]

Hi kurvaface,

 

 

cheers for the quick response and I'll have read of the links you put up and then do another post. Just to give me a rough time frame, how long do you think I have before I have baliffts come a'knocking!?

 

 

Bailiffs come when a judge tells them to come after a court case. These monkeys are just debt collectors who make a lot of noise and stress but actually have no legal powers whatsoever.

 

Bailiffs are a long way off and this will be sorted way before then. Take a deep breath and some time to compose yourself and learn the ropes and you will find out that your situation is totally retrievable:)

[dx100uk]

bailiffs....on a civil debt.

yea ok pigs will fly.

 

your mate was doing you a favour by binning them!

 

totally ignore!

 

file in the round filing cabinet.

 

or shred for the hamsters bedding

 

dx

[peachypeach01]

Hi again guys,

 

since I last posted I decided to do as DX suggested and ignore the previous letters. Today I got a new letter from S.R.J Debt Recoveries. Unfortunately I don't have access to a scanner at the moment so here is what it says:

 

"NOTICE OF ISSUE OF LITIGATION PROCEEDINGS"

 

"Your credit rating will be seriously affected if a Court judgement is obtained against you.

 

You have failed to arrange and/or maintain a payment plan on this debt and it is now our clients intention to issue litigation proceedings to recover the overdue sums through your local court,

 

If we take this step, soliciter's costs, court fee's and interest will be added to your account.

 

Once a claim is issued and a court judgement obtained failure to pay could result in one of the following enforcement actions:

 

-Execution of Warrant

-Attachment of Earnings

-Charging Order

-Bankruptcy

 

Even at this late stage, we are able to help you arrange an affordable payment plan to fit in with your expenditure budget but you must contact us immediately."

 

Should I ignore this too? The debt is for £120.37 (which I could just afford but as far as I'm concerned I would be paying for a service I didn't use) and is regarding AOL Broadband. It was so long ago that I can't remember whether I cancelled it or not, or did so in the correct way. Doing nothing dosen't come very naturally to me and I certainly don't want have the stress of going to court! Should I just pay it?

 

Thanks,

 

Peachy

[maroondevo52]

Thread moved.

[dx100uk]

continue to ignore

 

did you no watch CH.4. the other night dispatches?

 

dx

[make them aktiv runners]

Should I ignore this too? The debt is for £120.37 (which I could just afford but as far as I'm concerned I would be paying for a service I didn't use) and is regarding AOL Broadband. It was so long ago that I can't remember whether I cancelled it or not, or did so in the correct way. Doing nothing dosen't come very naturally to me and I certainly don't want have the stress of going to court! Should I just pay it?

 

Letter is pretty much the usual dcas send out, however some do end up in court.

 

As you have no idea whether you cancelled the contract, you do need to find out somehow. Perhaps ask current tenants if they used AOL. Did you transfer the service to current home? Another thing to bear in mind is some contracts incur penalties if cancellation occurs before a set date.

 

I would be tempted to write refusing to acknowledge the debt and insisting they prove it is owed.

[mr.ton]

What a load of nonsense those threatograms are.

Report them to the OFT & trading standards.

[peachypeach01]

Hi again folks,

 

could someone point me in the direction of a suitable "Prove It!" letter template for this matter? I had a quick look on the Letter Templates section of the forum but couldn't seem to find anything suitable. Does this seem like the best course of action to everyone?

 

Much love,

 

Peachy

[PGH7447]

Dear Sir/Madam

 

Account no:

 

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.

 

**Edit to suit**

[peachypeach01]

Ok cheers PGH that looks great. I'll send it and see how I get on!

 

Thanks:D

[peachypeach01]

Hi again folks,

 

I sent SRJ a letter using the template that PGH provided last thurs (29th) and on the same day received a "LITIGATION NOTICE" from the firm, stating that:

 

"On the 06/08/09 your account will be referred for consideration for a county court (or sheriff court if appropriate) claim to be issued at your current address. To avoid this action you must contact us within the next seven days."

 

As they will have defiantely recieved the letter that I sent by now, what should be the next move? I would rather pay the debt off than have it affect my credit rating, so I suppose it comes down to whether it's A) an empty threat or B) whether by not responding to my letter that they are enough in the wrong to cease contact?

 

Cheers,

 

Peachy

[PGH7447]

standard threat letter - just wait them out

[kurvaface]

so what became of all this peachy?