What is my next step please. DCA

[sully123]

I/we are trying to get our lives back on track, see this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/239779-ccjs-help-please.html

 

 

 

Well we had a letter from BuchananClark and Wells back in December 09, so I sent this via email

 

 

Dear Sir/Madam

 

Your letter dated the 16th of December. FINAL NOTICE

 

I am currently trying to resolve issues with the amount of debt that i owe.

 

Our house was repossessed in April of this year, I also lost my Job in April of this year.

 

We was then currently homeless until the council housed us in September this year.

 

We are now in the process of getting all our debt in order.

 

I request that you do not start Legal proceedings against me and hold all interest and costs please.

 

I have enclosed a current income and expenditure sheet.

 

I look forward to your reply

 

Kind Regards

 

 

 

 

Then I had this today

 

 

 

 

 

 

 

 

 

So I called them and said I sent an email and had no reply, They said we don't respond to email's, Well why put up an email address?

 

They Intend to proceed.

 

So what is my next step please.

 

Thanks in advance

Edited January 6, 2010 by sully123

[UnitedFront]

OK. Firstly, make a complaint to the OFT as to their refusal to reply to emails. You are entitled to contact them through any acceptable method; and email is most certainly acceptable especially, as you say, if they give an email address!!

 

Also, I would remove the amounts etc from your scan, as these can be used to identify you.

 

Secondly, do you recognise the alleged debt? And does the amount seem right?

 

The answers to these questions will help offer any opinions and/or advice etc.

 

If I were in your position, I would probably send them the "prove it" letter firstly, from the templates library and see what they come back with:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOUR PURPORT TO REPRESENT

 

 

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.

 

 

I am intrigued to note that they say there client is ABC Pay as You Go and I'm confused as to how they can claim such an amount owing on a Pay as You Go account? Unless I have grossly misunderstood this.

 

Hope this helps.

Cheers.

UF

Edited January 6, 2010 by UnitedFront

[sully123]

Thanks for the swift reply

 

OK. Firstly, make a complaint to the OFT as to their refusal to reply to emails. You are entitled to contact them through any acceptable method; and email is most certainly acceptable especially, as you say, if they give an email address!!

 

 

I certainly will

 

Also, I would remove the amounts etc from your scan, as these can be used to identify you.

 

Done, Thanks

 

Secondly, do you recognise the alleged debt? And does the amount seem right?

 

YES

 

The answers to these questions will help offer any opinions and/or advice etc.

 

If I were in your position, I would probably send them the "prove it" letter firstly, from the templates library and see what they come back with:

 

 

I am intrigued to note that they say there client is ABC Pay as You Go and I'm confused as to how they can claim such an amount owing on a Pay as You Go account? Unless I have grossly misunderstood this.

 

 

It was originally a credit meter, debt just went up and up, so we had a smart card installed with agreed amounts to pay back.

 

 

Hope this helps

[UnitedFront]

OK. Sorry, I just wanted to make sure I had everything clear before posting further.

 

If I were in your position, I would send the "prove it" letter as in the previous post. I would do this even though you recognise the alleged debt.

 

The reason I say this is that you have never had dealing with the company currently asking you for payment; and you are perfectly entitled to check that they have the legal right to collect on this allegedly outstanding money.

 

If it helps in any way, I've been threatened on any number of occasions from BCW that they are going to take me to court etc. etc.; and not once has it actually happened.

 

If it does happen, however, and they succeed in gaining a CCJ, you will most likely have the chance to request time to pay. This is especially so given that you are not currently a home owner. This would involve the court looking at what you can realistically afford to pay and could be as little as £1 per month (I am led to believe). As long as you kept up the payments as set by the court, no company could touch you in relation to this matter.

 

Given that you are not a home owner, there seems to be little merit to them actually taking the threatened action; especially on such a relatively small debt.

 

I understand that you are getting yourselves back on your feet after a turbulent time and I wish you all the best. These companies are not nice and neither are their tactics. But from the sound of it, if they did take the threatened action (I still think this is very unlikely) then it would be almost pointless for them; but would probably make very little difference to you, except there would be a fixed amount for you to pay each month and at no point could they demand more from you.

 

 

Hope this helps.

Cheers.

UF

 

__________________

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

Edited January 7, 2010 by UnitedFront

[sully123]

Going with your advise and sending the letter, also doing via an email.

 

Will report back when i get an answer.

 

I will ask for proof of posting, will also have a search on here for what people write at the bottom of letters to make sure it goes to correct section/dept

 

 

Unless someone can post in the next hour or so

[UnitedFront]

Going with your advise and sending the letter, also doing via an email.

 

Will report back when i get an answer.

 

I will ask for proof of posting, will also have a search on here for what people write at the bottom of letters to make sure it goes to correct section/dept

 

 

Unless someone can post in the next hour or so

 

Remember not to sign the letter. And if possible, send it by recorded delivery.

 

I never bother to send letter's to specific department; and usually go straight for the head office. But this is a personal preference thing, I suppose.

 

Hope this helps.

Cheers.

UF

[sully123]

Letter now printed out,will send tomorrow recorded Delivery, also said in letter that I have done it via email as well, Email states the same

 

Thank you once again for your help

[UnitedFront]

Super! Now just sit tight and keep us posted of any developments!

 

Cheers.

UF

[Bazooka Boo]

If first class recorded is too expensive for you then you can always send it second class recorded, either way it really does need to be recorded delivery as that is your only evidence they have received it.

 

BCW threatogrammes are designed to get you to ring them, so don't, they may state that they will make you sell body parts in order to pay the alleged debt, but in truth they are even more afraid of going to court than alleged debtors!

 

They are simply turning the screws as they know you are a weak and easy target, as you have shown them your hand already in the email you sent them. In all honesty, they couldn't care less that you lost you were homeless, nor that you are unemployed, all they want is money, they put profits before people.

 

So do not EVER speak to them over the phone again, and how old is this alleged debt, I know it won't be older than 6 years besides that is not what I'm getting at, there are different rules regarding utility bills and alleged debts.

[sully123]

If first class recorded is too expensive for you then you can always send it second class recorded, either way it really does need to be recorded delivery as that is your only evidence they have received it.

 

 

Certainly going with 1st Class

 

BCW threatogrammes are designed to get you to ring them, so don't, they may state that they will make you sell body parts in order to pay the alleged debt, but in truth they are even more afraid of going to court than alleged debtors!

 

They are simply turning the screws as they know you are a weak and easy target, as you have shown them your hand already in the email you sent them. In all honesty, they couldn't care less that you lost you were homeless, nor that you are unemployed, all they want is money, they put profits before people.

 

So do not EVER speak to them over the phone again, and how old is this alleged debt, I know it won't be older than 6 years besides that is not what I'm getting at, there are different rules regarding utility bills and alleged debts.

 

 

The debt is apparently for the supply period between 31/10/2007 and the 14/04/2009

 

On reading that, There should be some debt,How much I am unsure, as that is when we started paying by a smart card meter, so was actually paying them back this debt at the time, as well as paying for the gas that was used.

 

Certainly will never call them again.

[Bazooka Boo]

Well if there has been a period of 12 months where you were not informed of, or sent, a bill then they have dipped out.

 

Is this the same supplier you are with now?

[sully123]

Well if there has been a period of 12 months where you were not informed of, or sent, a bill then they have dipped out.

 

I don't understand that

 

Is this the same supplier you are with now?

 

 

I am now at a new address, with a different supplier.

 

 

The other above,could you please explain a little more, Thanks

[Bazooka Boo]

Yes under the Billing Code you cannot be 'back billed' more than 12 months where the supplier is at fault, so if they didn't send you a bill in the preceding 12 months then they are unable to chase you for the money.

[sully123]

Yes under the Billing Code you cannot be 'back billed' more than 12 months where the supplier is at fault, so if they didn't send you a bill in the preceding 12 months then they are unable to chase you for the money.

 

Again another question.

 

If say for instance I now get a letter from a DCA, about a Electric/Gas supply that i once had with them, and the said company had not billed me in the previous 12 months. I don't have to pay.

 

So my last bill been 01/12/08 previous bill 01/10/07 then the 01/12/08 bill is invalid

[sully123]

Super! Now just sit tight and keep us posted of any developments!

 

Cheers.

UF

 

Letter from BCW, Saying that the Gas company will send confirmation of the amount owed shortly.

 

Shall now await their letter

[sully123]

This is from the prove it letter

 

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.

 

 

They have not sent any proof as of yet, I did call them today, they say that the the client has stated I owe the debt. I explained that they have not given me the evidence to prove it.

 

They tell me to get in touch with BG to get it.

 

Here is the letter they sent me, what shall I reply with next?

 

 

[mikexlr8]

Nothing. Meritless threats.

 

File under ignore.

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[Bazooka Boo]

Thats a new one on me, 'Debt Investigation Officer'

So your saying you don't know if I owe a debt? And it has to be investigated by a Debt Investigation Officer?

 

Dullards, next thing they'll be telling you there letters are valid even if not read by you!

 

Have you read the billing code?