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Dell sends the baillifs for pc purchased legitimately.... but I have no proof of purchase!


timegoblin
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Many years ago my wife purchased a computer from Dell for her son. when I say many years ago, by that i mean between 6 and 10 years ago. My wife no longer has any reciepts, no proof of purchase, the pc has long since died, and her bank records do not go back far enough for us to proove she paid in full for it.

 

out of the blue a baillifs letter arrives on our door demanding settlement of approx £400 or face imminant court visits.

 

My question is where do we stand on this? can we demand to see their evidence? we have no evidence to show we bought it, but who keeps records for that long?

 

any help or advice greatly appreciated.

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Are you sure the letter is from a bailiff? Wouldn’t be Phillips by any chance? If there is no CCJ in place, then a bailiff cannot act against you.

 

As sequenci says, if you can contact your bank and get copies of old statements, that would be helpful.

 

The alternative is a ‘prove it’ letter, as you cannot yet be sure any alleged debt is statute barred.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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i will check what the letter is, I only founf out about it about 1 hour ago- wife was on the phone in tears regarding a letter from the bailliffs. now, it is quite possible its not a bailliffs letter, could just be a threatening letter I guess. When I get home I will have a good read and get back to you.

 

thanks for the quick responses ppl.

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ok, been back home and had a look at the letter. the bailiffs are grosevenor legal services acting on behalf of CIT group.

the letter states they have been trying to contact my wife for some time regarding a sum of £417.73 owed on a dell pc. a fact we refute. it doesnt state any date for when this debt relates to.

 

they state in the letter they are instructing court proceedings and to prevent this she must contact them urgently to arrange a payment plan.

 

my first instinct is to say no and to demand evidence of the debt. problem is, will they talk to me? doubt it. my wife is very upset and i would rather they didnt speak to her, id rather deal with this on her behalf, is there anything I can do?

 

how much trouble can she be in regarding this letter? can they take her to court do you think?

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a) They are not bailiffs, they are just debt collectors. Legally they have the same rights as I do to turn up at your house (e.g. none)

 

b) if the debt (or the last payment) is over six years ago then you don't have to repay it.

 

have a read of this:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

Send them the letter at the end of the fact-sheet via recorded delivery. It puts them to 'strict proof' which means that they have to demonstrate that they have the right to chase you. If they cannot prove this then they should leave you alone. Hope this all makes sense!

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HI TG

 

The simplest thing to do in the first instance is to send a letter stating that you are unaware of any debt being owed. Then see what the Debt Collectors come back with.

 

Don't speak to them on the phone at any stage.

 

Here is a link to the letter i mention. Just adapt it to your own circumstances. PRINT YOUR NAME (Do Not Sign It).

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Come back here if you get any further problems - or replies in response to your letter.

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Yes send the prove it letter, it could well be a cock up, it has happened before.

CIT handles Dell's customer accounts, they have sent the wrong customer details out to collection agents in the past.

 

Don't phone them or enter into any conversation with them if they ring you, just refuse to answer their security question and put the phone down.

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ignore them

 

they have no legal powers

 

bailiffs my foot!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Timegoblin

 

In addition to what has been advised.

 

If your wife knows nothing about any debt to Dell, then the chances are that it is a mistake. Suggest that she writes to Dell with a copy of the letter from the debt people, asking what they are playing at. If she provides the details of name/address from which the purchase was made, Dell should be able to find the records. If your wife is correct that she paid the total amount due, Dell should be able to confirm this. You should definately do this and send recorded delivery. Debt companies are usually idiots, who won't treat anything your wife has to say with any credence and probably won't go back to Dell to check. So writing to Dell directly I believe is the way to resolve this.

 

Dell address.

 

Address: Dell UK

The Boulevard

Cain Road, Dell Campus

Bracknell, Berkshire

RG12 1LF

We could do with some help from you.

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Timegoblin

 

In addition to what has been advised.

 

If your wife knows nothing about any debt to Dell, then the chances are that it is a mistake. Suggest that she writes to Dell with a copy of the letter from the debt people, asking what they are playing at. If she provides the details of name/address from which the purchase was made, Dell should be able to find the records. If your wife is correct that she paid the total amount due, Dell should be able to confirm this. You should definately do this and send recorded delivery. Debt companies are usually idiots, who won't treat anything your wife has to say with any credence and probably won't go back to Dell to check. So writing to Dell directly I believe is the way to resolve this.

 

Dell address.

 

Address: Dell UK

The Boulevard

Cain Road, Dell Campus

Bracknell, Berkshire

RG12 1LF

 

Does it even matter? Reading the OP's post suggests that a statute barred letter would be more appropriate ;)

[sIGPIC][/sIGPIC]

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Does it even matter? Reading the OP's post suggests that a statute barred letter would be more appropriate ;)

 

Why let this debt get passed around the debt companies, when Dell should be able to resolve. Even thought it is probably statute barred, why should the OP's wife have to put up with this hassle.

 

Dell are now not considered to be a very reliable supplier of equipment. A company I worked for had to have thousands of machines rebuilt, as the people that build the PC base units at the time for Dell, were installing parts of a very low quality.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 7 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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