debt with individual now DCA

[aBitofaPickle]

I subcontracted a DJ for a gig, he sent someone else to do the job (against the terms of acceptance) the person he sent left after an hour with a CD playing, and the client refused to pay.

 

I was hassled by the initial DJ consistently with over 10 calls a day, constant emails and then an invoice from another company for the amount. I refused to pay, and sent letters regarding the dispute and advised him to follow the law who could decide if I should pay or not.

 

6 months later and I have received an invoice from Redwood DCA for this amount, threatening CCJ

 

How should I respond to them as there was no credit contract etc...

[citizenB]

You could reconfirm that the debt is disputed and that Redwood should return the account to their client.

[silverfox1961]

Hi

Why am I not surprised the client refused to pay

 

Your contract was with the first DJ not the other one.

 

The first DJ should have done the job properly and as he failed in his duty (by sending someone who by the sounds of it, couldn't be bothered).

 

If he was so certain of his case, why pass it to a DCA?

 

I would write back to the DCA telling them that this 'alleged amount' is in dispute and to pass this back to their 'client' as you will not be paying due to his clients failure to dispose of his obligations as agreed in the contract he agreed to.

 

I have found an email address (from the FCA)

 

[email protected]

[aBitofaPickle]

Immediate response to my email

 

Further to your email of which I have attached I would like to inform you that as you are trading as a company you are exempt from any consumer legislation.

 

You should note that the Consumer Credit Act of 1974 is to protect consumers rights and NOT companies rights.

 

I have the full authority of my client to pursue you for outstanding monies owed and I will continue to do so.

 

I will take any legal action necessary to recover the outstanding monies and this can incur more fees that you could become liable for.

 

If you dispute the debt please let me know the reasons for the dispute along with any supporting documentation and I will investigate before taking further action.

[2Grumpy]

You had a contract with the original DJ that they would provide a service and that they would not sub-contract the service.

 

Not only did the original DJ break the terms of the contract by subcontracting, they didn't supply the service as agreed.

 

This has nothing to do with the consumer credit act (not sure about whether it extends to companies), it is a contractual dispute.

 

Unless the DJ has sold the alleged debt, or the DCA is a solicitor, then they cannot take any legal action! A simple statement that they did not provide the service because ... should suffice

[aBitofaPickle]

Thanks, they seem reasonable!

I provided email trail between myself, DJ and my client and they said they will discuss with their client, hopefully that's the end of it.

[Jam_Buttie]

Ignore the DCA goon.

[2Grumpy]

As you were providing this service to your client, perhaps you could consider hiring the same DCA to collect the fee from your client?