Can a shop arrest my wages??

[Mummy 3]

I'm not sure if i'm posting in the right section as i am fairly new to this forum so please feel free to move if there is a better place for this!

 

In feb 2006 we got a carpet laid by a local shop, they never finished the job as they never put down door strips or edging that it needed. I rang several times and complained and also told them that the fitting of the carpet was a mess, it was all cut where it shouldn't be and also carpet gripper sticking through the carpet on the stairs. They ignored me and never came and fixed it so i have never paid for the carpet and ignored them like they ignored me!

 

Last week at half past 8 in the morning i had 2 carpet fitters that work for them shouting outside my door that they were here about the outstanding bill. My other half told them to go and never answered the door. They said they would be back, but have not came so far.

 

Today i have recieved a letter saying:

 

Dear customer,

 

We refer to the enclosed account which is now long overdue.

 

Despite our repeated requests no payments have been made.

 

WE NOW INTEND TO ARREST YOUR BANK ACCOUNT WITH EFFECT FROM 20TH MARCH.

 

If you wish to halt the procedure please call us on ***** ******* in order that we may discuss token payments towards the ammount owing.

 

Arrangements can bemade for you to make weekly payments to help clear this account.

 

Your faithfully

 

***************

 

 

 

I am so angry as they have made no attempt in 4 years to get payment and have never fixed or replaced the mes of a carpet they laid. The amount was originally £700 and is now £1350!!!

 

I never signed a agreement for credit or anything.

 

Thanks and please help.

[Guest Old_andrew2018]

Hi Mummy,

As you suspect the letter sent to you is load of rubbish, there is no way that this company can arrest your bank account, you would need to be sued you in the county court, and have a CCJ awarded against you.

I would keep the letter safe, do not respond to it.

[Mossycat]

They have no power to arrest your bank account

 

What they can do is take you to Court and if they win and you refuse to pay they can apply for an attachment of earnings to get their money

 

It's a bluff

 

Mossy

[ashmk]

What a load of old tosh they have sent you.

 

Would it be worth contacting trading standards about a threat like this?

[Mossycat]

Send them their letter back with a few modifications, something like this ......

 

 

Dear Local Carpet Shop,

 

I refer to the enclosed account which is now long overdue.

 

Despite my repeated requests no rectification has been made.

 

I NOW INTEND TO ARREST YOUR BANK ACCOUNT WITH EFFECT FROM 20TH MARCH.

 

If you wish to halt the procedure please call me on ***** ******* in order that we may discuss work outstanding.

 

Arrangements can be made for you to make weekly visits to help put your bad workmanship right.

 

Your faithfully

 

***************

[blitz]

Write to them demanding all correspondence be put in writing, and informing them that any implied right to access of the property has been revoked and further calls to your house will be dealt with under harassment.

 

Also, did you ever get the problem rectified?

Edited March 8, 2010 by blitz

[Mummy 3]

Thanks for the replies. If they took me to court would the court not wonder why they hadn't done it earlier than 4 years after they had dn the work?

 

Andrew, i don't want to reply to them but will keep the letter safe for if they take it further.

 

Ashmk, would trading standards not laugh at such a thing? I have never used them before!

 

Blitz, i never got the problems rectified they never visted again till th came to my door last week! Imagine sendig carpet fitters debt collecting!

 

Mossycat, your rply really made me laugh and if they contact me further i will send that letter!!

[ashmk]

Ashmk, would trading standards not laugh at such a thing? I have never used them before!

 

Would trading standards laugh at a company who sends blokes to your door shouting and then writes to you making false threats ?

 

Of corse they would not laugh. You cannot go around doing what they did.

 

Try giving Consumer Direct a call on 08454 04 05 06. They work hand in hand with Trading standards. Tell them what happened. You may not be the only person this has happened to and your complaint may be the one to make TS take action against them.

[Mossycat]

I doubt that Trading Standards would be interested or indeed have the power to do anything regarding the letter they sent, it is not illegal to send out such letters.

 

However, TS may well be interested in the actual work they did in the first place and might take an interest in that

 

Mossy

[sailor sam]

Can I ask why have you waited 4 years do do anything about this? Surely you should have written to them about the poor workmanship during this time so that you have something on record.

[blitz]

I rang several times and complained and also told them that the fitting of the carpet was a mess, it was all cut where it shouldn't be and also carpet gripper sticking through the carpet on the stairs. They ignored me and never came and fixed it so i have never paid for the carpet and ignored them like they ignored me!

 

They did complain

[sailor sam]

But not in writing?

[Mummy 3]

But not in writing?

 

 

No, i never wrote to them, its a local shop and i rang and visited them several times and they never made any attempt to put things right. Even if i had sent them a letter and kept a copy for myself, i would no longer have a copy as i only keep things like copies of letters and things for 2-3 years and then get rid of them if i don't need them and as they haven't contacted me before now about payment i would have got rid. I thought they didn't want to fix their mess so weren't looking for payment!!

[Mossycat]

No, i never wrote to them, its a local shop and i rang and visited them several times and they never made any attempt to put things right. Even if i had sent them a letter and kept a copy for myself, i would no longer have a copy as i only keep things like copies of letters and things for 2-3 years and then get rid of them if i don't need them and as they haven't contacted me before now about payment i would have got rid. I thought they didn't want to fix their mess so weren't looking for payment!!

 

I'd have done the same, they need to put it right, you complained in person. Any letters should be from the person chasing the money, since you hadn't paid and were not going to pay until the job is finsihed correctly then the onus lies with them.

 

Given the times scales and the life of a carpet I'd be tempted to now leave it, and if worst comes let them take back their carpet on the basis that you never accepted it because of workmanship, but save that for a last resort, I doubt they will do anything more than ask for payment.

 

Mossy

[sailor sam]

The point i'm trying to make is that if they choose to take you to the small claims court (which is the only way they can re-coup any money from you), you have no record of having made a complaint. They could argue that as far as they were concerned, they hadn't received a complaint. Although the court may indeed be interested in the time scale, I think that they have up to 6 years in which to issue proceedings.

 

I would be tempted to reply to their letter stating that you have no intention of paying due to the poor workmanship. Point out that you would be happy to make payment at the original agreed price in the event of them making good the work. Also make reference to 'my previous phone calls of complaint'. The letter should be sent recorded delivery and obviously keep a copy. If they then do issue proceedings, you will be able to provide written proof of why you have with-held payment.

 

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