S&W Ridings - Claimform - outstanding funeral cost 'debt'

[Isiris]

Brilliant.

Sorry, HCEO meant High Court Enforcement Officer

 

I have an email from Trading Standards confirming that they are not licensed, nor are any of the companies directors and they are being told to cease any debt collecting activities until such time as they are licensed

[DonkeyB]

Cease collection? They should take them to court. It’s a criminal offence.

[Isiris]

Donkey B, could you advise what point of law. I dont mind researching put a point in the right direction would be great.

Thanks

[Ganymede]

To cut a story short, I had a claim raised against me. The claimant used an unlicensed Debt Collection Company, this has been confirmed by the Trading Standards of that area who are dealing with this.

The claim form was issued on the 12th Septemeber and I sent my AOS and intention to defend and counter claim on the 27th September by first class post.

 

On the 4th October, the judgement was entered by default and on the 6th October, my AOS was marked as received. When I telephoned to ask, they said "We are 8 days behind"

 

The claimants agent then wrote and I informed them I intended to apply for the Judgement to be Set Aside. So they sent in the High Court Sherrif to enforce.

 

Now I have a number of question which I will number and hope people can advise.

 

1. As the LBA was sent by an unlicensed Debt Collector (They knew I knew this and I told them anything they wrote would be ignored) is it valid.

 

2. They sent in the HCEO deliberately but again, are they allowed to do this as they are neither a solicitor nor a debt collection agency. I have seen letters to the HCEO and they are all from the unlicensed firm.

 

3. I applied for a Set a Side and Stay of Execution but the hearing I have only says Stay of Execution. Will the Set Aside be heard as well?

 

4. Is there a way I can ask for the documents held by the HCEO to be made available to me for court.

 

Regards

 

 

 

 

Who is actually named as the Claimant though?

[DonkeyB]

It’s all here.

 

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792328&type=RESOURCES

[Isiris]

The claimant is listed as the original creditor.

 

However, on the reverse it says ion the N1 payments to be made to the debt collector yet.

 

The debt collector is the person who has been instructing the HCEO as I have seen the correspondence from them with the HCEO

[Isiris]

Hi

I have received the following reply from Trading Standards. Can anyone confirm. Surly if your collecting a debt, whether Credit Agreement or not, you need to be licensed.

 

I wrote to &&& &&& &&& Ltd last week and have today spoken to the company. They have advised me that the debt they are collecting is not a consumer credit debt within the scope of the Consumer Credit Act. The licensing requirements only apply to collection of consumer credit debt and I am given to understand that this debt was not the subject of a consumer credit agreement but rather is an unpaid bill. There is, therefore, no legal requirement for the trader to be licenced to collect a debt of this nature althought they will be covered by other legislation that regulates debt colletion.

 

If you feel that there are any issues other than the licencing issue, which I have clarified, you would need to go back to Consumer Direct and explain any concerns you may have regarding collection of the debt and they will advise you accordingly.

 

Thank you for raising this matter with the authority.

 

 

Any thoughts as I think the DC may have told them what they wanted them to hear

[Isiris]

Just as a side, one of the points for having the judgement set aside was that the Sect 69 interest was way wrong in the claimants favour

[AndyOrch]

Hi Isiris

 

Responding to your PM

 

What is the debt if its not covered by the CCA they refer to an unpaid bill? PM if this is sensitive.

 

Andy

[DonkeyB]

Indeed, Andy – what exactly is the alleged debt for?

[Isiris]

Its for an unpaid funeral bill.

 

When my father passed away, I went to the funeral director as my wifes cousin worked there. However they decided to pursue me despite me and my 2 siblings being present.

Then my mother passed away 4 months later and there was still an amount outstanding. They had my mum and made me pay the whole lot for her funeral upfront. So that got my back up. I did however sign a contract for my mum, but not my dad.

 

The debt collector phone the probate solicitor (For my mum by the way as my dads estate went to my mum) and told him there was a bill to be paid even though he was dealing with mums estate.

 

I told the Debt collector at the time, 1 Your not licensed, 2 Theres no contract, 3 Without prejudice to 2 if their was a contract theirs no provision for the funeral director to pass the debt on to a third party and if you do sue, I will counter claim for damamges and breach of DPA by both parties.

 

Didnt hear a thing for 5 month until the summons

[AndyOrch]

Well if they are not licensed Ie credit then thats another reason to oppose the claim or even jurisdiction.

Have you requested that the Set a Side be dealt with at the Stay of Execution hearing, i would assume that it more than probably would Isiris.Does it state that the hearing is for the set a side or the Stay? Stays can be automatic without the need for a hearing.

 

Regards

 

Andy

Edited February 1, 2012 by Andyorch

[Isiris]

Thanks for the reply Andy

 

The order says stay of execution but I did apply for a set aside and added the stay of execution over the phone as when I submitted the forms, I didnt know that the HCEO had been instructed.

 

They are saying that there is no credit as it is an unpaid bill so they (The DCA) dont need to be registered.

[Isiris]

Just to add Andyorch, the claimant IE the Funeral Home has not issued me with a Letter Before Action, the Debt Collectors have however, the claim was then raised in the Funeral Homes name.

[AndyOrch]

If they are collecting on the claimants behalf they do need a license to collect cash.Anyway the set a side should succeed as judgment by default was issued in error you state they were 8 days behind.

 

Andy