UK Debt Collect

[frugal-mum]

Hi I'm new to forums so please bear with me if I get it wrong.

 

Im trying to help my son who is being threatened by Uk Detbt Collect over a debt he has disputed.

 

my son who works in the building trade did some work for a builder.

 

There was a disagreement over what work was included in the price and my son walked off the job.

 

The builder owed my son money but materials had been booked out by my son with the builders agreement on the builders trade account.

 

As far as my son was concerned the money owed by the builder cancelled out the cost of the materials.

 

The builder then wrote saying my son owed him the money for the materials booked out on the builders account.

This was quickly followed by a letter from UK Debt Collect who have been very aggressive in pursuing this debt

and have threatened to serve my son with a statutory demand.

The also claim they have sent a baliff to our house.

This is a total lie as I work from home and on-one has been to the house.

 

My son wrote to UK Debt collect disputing the debt but still the letters keep coming every few days.

 

They now say they are sending a baliff next week to serve legal papers on my son and if he fails to keep to the appointment

they will apply to the court for substituted service by means of post or advertisement in the press.

 

They have also added over £200 to the supposed debt for interest due on outstanding credit!!

 

Could someone please advise me how I can help my son deal with this as

 

I have never experienced anything like this?

 

How can they send the baliffs to our house over a debt they haven't even proven?

 

This has left me feeling really worried and I now feel afraid to leave the house in case they come while we are out.

[renegadeimp]

They arent sending around ANY baliffs. So dont worry about that.

 

It sounds like a run of the mill DCA, who thinks they have a gullible person because you keep replying to them, so they think they can do and say anything they want. Sit tight and one of the forum regulars will be around soon.

 

Im pretty sure this 'bailiff' they mention is just a silly idiot from their offices. basically a doorstep collector, whose sole job is to threaten and intimidate you into paying.

[frugal-mum]

Thanks for the reassurance renegadeimp feel less worried now.

[fkofilee]

I can confirm that they do have their own field agents, so he isnt a bailiff soyou could send him away with no issues.

Whats the value of the debt? Also the fees that they charge, if its bought it above the £750 Stat Demand Limit, then you might be able to fight it,

[frugal-mum]

The disputed debt is for around £2000 but they have added on over £200 to date in supposed interest charges.

[Bazooka Boo]

Well I have to hand it to them, on checking their somewhat 'self important' website, they appear to have fantastic imagination!

Bailiffs

 

There are more than one type of bailiff and they each have different powers. Which one you use depends on what type of debt you have and in which court the judgment was awarded.

Yes there are different types of Bailiff, three that I can think of off the top of my head,

A Private Bailiffs (Certificated Bailiffs)

County Court Bailiffs

And High Court Enforcement Officers (HCEO's)

 

Now any suggestion that they can send a bailiff round, is complete nonsense and is never going to happen, well not unless they want closing down?

For a bailiff to be sent round to an address, and this has to be a court certified bailiff, not one of their tin pot commission paid goons who would be committing a criminal offence if they were to turn up and even remotely suggest they were 'bailiffs'!

The case would first have to go to court, they would have to win, a judgement would be made, and a failure to pay that judgment 'could' result in further collection activity which may include the use of court certified bailiffs. (Not going to happen!)

 

As you can see further down the FAQ's section of their very non compliant website it states:

Can you provide Legal Advice?

 

No. Only a solicitor is allowed to give legal advice. We are debt collectors and not solicitors. Debts are usually straight forward but if they are more complicated we will normally tell you when you should seek professional advice.

 

 

If you have any of those puerile threats that they are sending 'Bailiffs' then copy them and forward them to the OFT & Trading Standards, keep a camera/video camera by the front door, should anyone turn up then film or photograph them, better to film them though as you have all of their foolish words on tape.

 

They also need reporting to the OFT&TS anyway for their website, which is deliberately misleading and evasive, and wrong in every way, even down to offering loans from what is clearly their own company called "The Personal Loan Company", same use of type face and page layout as their other suspect UK Debt Collection website!

 

Definitely get on to reporting these lot, trading standards would be very interested, as would the OFT, I might even tip off action fraud?

[frugal-mum]

Thanks for the advice. I feel that I can stand up to these bullies with your help and support not just for my son but for other people who have or may in the future be the victims of these evil people.

 

I will make a complaint on my son's behalf to OFT and TS.

 

Will let you know how I get on.

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit

 

Have a read of that.

[frugal-mum]

Thanks for that. Will adapt the letter and send it off tomorrow.

[renegadeimp]

Make sure to keep a copy just incase one of their muppets tries to call. SImply push it through the letterbox at them, and tell them in whatever way you like, to get lost. Then walk into another room and shut the door behind you so you cant hear their silly arguments.

[frugal-mum]

Quick update. They have now started phoning my son asking why he disputes the claim. He told them he wouldn't discuss the matter on the phone put it in writing and told them to go away - or something like that!!!

 

 

I have also had a few witheld number calls on the landline at home I suspect its them but the phone only rings about 4 times and I haven't been quick enough to answer it.

 

 

I did write to them withdrawing their implied right of access so hopefully no more threats of doorstep visit and I printed off a spare copy in case they do.Got my phone ready to film if they dare show their faces. Hope they get the message that we wont be bullied!

 

 

A big thank you for the help and advice I feel so much better now ... feel ready to take on British Gas next who have been bullying my mother in law but more of that on another thread.

[fkofilee]

Frugal... It's a pleasure and I hope you get this sorted

[Bazooka Boo]

Tut tut!

Using withheld numbers eh! Well if you do get to answer it and find out it is them, then not only should you laugh at them and say "Oh dear someones going to be in trouble" and put the phone down, but report them to the OFT and Ofcom, DCA's using withheld numbers is a definite no no!

 

Let us know when you start the thread on BG, will be only to happy to take a look at give them some 'advice' too!

[frugal-mum]

My son has now received a letter asking for an explanation and evidence of why he disputes the claim. They say if its not fortcoming before proceedings are issued the court will order further costs against him. What does he have to sully and in how mucjh detail and is it correct about them ordering costs?

 

 

They say their client has given the go ahed for litigatoin and that first they must comply with the Pre Action Protocol and that this has been complied with fully in relation to this final correspondence.

 

 

I'm not sure what this means and any advice would be much appreciated. My son is working away much of the time so trying to talk to him about things has been difficult.

[ericsbrother]

It is for them to prove the debt. Wite back and ask them for proof of debt and proof of assignment. As they keep mentioning client they dont have the latter so it is a certainty that they dont have the authority to do anything other than keep bothering you. It is interesting to read that they can read the mind of a judge before a claim has even been made. i wish I had such powers of ESP.

As for the original creditor, did your son sign for the goods in his name as you say that the merchants supplied goods to a trade account held by the other party. If that was the case then let the builder take your sone to court for teh materials cost and counterclaim for the work done. that will propbably stop the claim dead in its tracks and is why the debt collectors are being used. the builder knows the leagal route will get him nowhere and probably cost him money for services rendered.

[ashmk]

This is how I'm reading this, I hope I am wrong.

 

You son brought some materials on the builders account then stole them to cover the cost of money owed?

[Bazooka Boo]

This is how I'm reading this, I hope I am wrong.

 

You son brought some materials on the builders account then stole them to cover the cost of money owed?

 

Excuse me?

How on earth have you come to that conclusion?

If there was any case of theft to answer, then it would be dealt with by the Police, so yes you are wrong!

 

As already said, it is for them to prove the debt is owed, your son is under NO legal obligation to provide them with evidence,

they are yet again getting above their station.

If they continue harping on about court this and court that, you can call their bluff by submitting a CPR 31 request to have them

show you exactly what it is they intend to rely on in court to win.

[skookum]

UK Debt collect sound like right bullies. On one of their websites I see the describe debtors as their 'prey'.

[renegadeimp]

Care to link the site you mention skookum?

[skookum]

Wont let me, but here is the quote from the site.

 

To locate and find your debtor you need to employ professionals who think and act in the same way as debtors. We seek out and find our prey in 8 out of 10 cases.

 

edit: It will let me now http://www.ukdebtcollection.com/

 

At first I thought they were a different company to UK Debt collect until I clicked on the Local agent tab and ended up here http://www.uk-debtcollection.com/

Edited December 11, 2013 by skookum

[renegadeimp]

Thats a very shoddily made site. It looks like something a primary school kid would do.

[skookum]

They sound very childish. You can see on the other site they describing debtors as laughing at the creditor. I don't find pictures of old ladies laughing saying they have cash flow problems funny in the slightest. A lot of the elderly genuinely can't pay debts, they cant even heat their homes.

[renegadeimp]

You could always report it to the regulators.

[skookum]

You could always report it to the regulators.

 

 

If that company chased me I think I would go to OFT. I wouldn't want to be described as their 'prey' or somebody who is laughing because they owe money. I see they have references to a 'hunt and prey', crikey they sound more like mercenaries.

 

Yes I do owe money because I had an illness that virtually killed me and I lost my home and business. I don't find anything remotely funny about owing anybody anything and I could assure them I am not sitting at home laughing.

 

The truth is my heart sinks every time the phone rings, the post comes through the door or somebody knocks at it. I genuinely feel sick about it everyday.

 

Reading that has absolutely appalled me, it feels like whoever worded it has an actual genuine hatred of people who owe money. Very single minded and not an ounce of compassion. I was quite expecting if I read on it would go into lynch mobs

 

Sorry didn't mean to derail the thread just couldn't believe what I was reading about them. I can understand now how they would have made the OP feel if their attitude is anything like their website.

[ScarletPimpernel]

it feels like whoever worded it has an actual genuine hatred of people who owe money. Very single minded and not an ounce of compassion.

 

 

Well, some people will do anything in the pursuit of commission.

 

I suspect, though, that in fact what these creatures are demonstrating is a form of denial. Deep down, they know that what they are doing may cause misery, but pretending to take the moral high ground and portray all debtors as devious, immoral characters who deserve to be 'hunted' makes them feel better about themselves.

 

I think this sort of attitude is widespread in the debt industry; it certainly seems to be the way that the call centre drones are trained. It is much easier to spout the usual DCA scripts if you are trained to see debtors as ne'r do wells living the high life on other peoples' money rather than as real people, and understanding that sometimes bad things happen to good people.