Litigation threat

[ThatGuy]

Hi folks,

 

I've been reading around but I'm hoping someone can offer some advice on my particular situation. To cut a long story short...

 

I signed up to take part in a trade exhibition (I'm a sole trader)..

.never paid any money out upon signing up

I did sign the agreement.

 

 

in the lead up to the exhibition I realised I would no longer be able to attend the exhibition due to an overseas family wedding.

I contacted the organisers (Media10) and explained my situation.

..they weren't interested in any reasoning and stated I signed up and now I had missed the pull out deadline

I was fully responsible to pay the full stand amount (about £1200) even though I wouldn't be attending.

 

To make things worse my work took a big fall in business and I found I was struggling to earn enough to allow me to pay the outstanding amount.

 

 

I again called media 10 to explain I couldn't pay in one go and could I pay by instalments of £50 per month.

That was agreed and I think I managed 2 payments before things got worse work wise

and I found I could no longer even afford that.

 

 

I tried speaking with them but it was useless, they wanted their money.

I ended up not being able to pay and it has now came to the point where I have had an email

and a phone call voicemail from Darcey Quiqley debt collectors litigation dept

 

 

saying I need to reply urgently regarding this legal matter.

 

I would like to pay it but I am just not in a position to.

 

I have looked into a trust deed as I have accumulated other personal debts due to the period of little to no work,

but even at that I am embarrassed to say I cant even afford the £150 per month for the trust deed.

 

I literally feel like I'm drowning in debt and I just cant find a break to get back on my feet.

 

I'm constantly dreading the post and I daren't answer my phone.

 

I rely heavily on my car for my family and also work so I was advised sequestration

was simply not an option as the car would most probably be lost.

 

Can anyone please please offer me some advice,

 

 

I'm at my wits end and all I ever have on my mind is debt.

 

 

It's ruining all aspects of my life and my family priorities are suffering.

 

Thanks for taking the time to read through this.

[rebel11]

Hi That Guy

 

Welcome To CAG

 

It might be an idea to start a thread in the General Legal forum regarding the agreement you signed to see if anything can be done about it.

 

Regards the DCA's have a read of 7 and 8 in my signature.

 

As your a sole trader have you been mis-sold PPI on any of your financial products?

[ThatGuy]

Thanks for your reply and the advice on reading up on those points.

I'm not sure if the post would be allowed in the general legal section as it has been the result of a creditor.

[rebel11]

Starting a thread their is fine. If you post the agreement, remove all personal details and ref numbers.

 

Thanks for your reply and the advice on reading up on those points.

I'm not sure if the post would be allowed in the general legal section as it has been the result of a creditor.

[skintandfat]

Start taking control

 

Get a discounted number that records calls- such as net-telco

Change your mobile number, set it to with hold caller ID

 

Don't give your mobile number to the company chasing you

 

 

Sent them a letter with a 'subject access request' enclose a postal order for £10 marked for Subject Access Request. Ask for all information they have on you and your company and also ask for copies of all call recordings

State you felt pressurised to pay but dispute the debt.

Tell them you are now in dispute and request their dispute resolution procedure in writing- also ask if they belong to a trade body.

 

 

As you live in Scotland you have better rights- they must take you to court here and you will dispute the matters

 

Take debt advice - your local authority have info on who can help.

[Stigman]

Get a discounted number that records calls- such as net-telco

Change your mobile number, set it to with hold caller ID

 

Don't give your mobile number to the company chasing you

 

Sent them a letter with a 'subject access request' enclose a postal order for £10 marked for Subject Access Request.

 

Their are plenty of Apps now that can block unwanted numbers, some mobile phones have the block incoming numbers facility built in.

 

Net-Telco is showing on my McAfee Site Advisor that the actual web address contains security risks, McAfee has placed big red X's next to the link and then alerts me once again before asking if I want to proceed with visiting the website.

It reads..."This link might be dangerous. We tested it and found security risks. Beware."

 

To fully record phone calls on your home telephone, get Truecall, available to buy through CAG.

 

I do not think an SAR is going to help unless the op has not kept the correct records, if the op has a copy of the agreement and copies of both sending and receiving of letters then a SAR would not yeild nothing new.

 

Stigman

Edited October 23, 2014 by Stigman
Subbed a g for a d :)

[BankFodder]

I think that there are some important questions to ask you about the cancellation.

 

In the contract, what does it say about cancellation?

 

When you first told them that you were cancelling, how much notice did you give them?

 

Had you been allocated a stand number? Do you know if that exhibition space has been resold to someone else? If you don't, then if I were you I would take steps to find out.

[ericsbrother]

Ok a business to business contract is harder to get out of as there is an assumtion in law that both parties know everything about everything. However, as a sole trader this debt is no more or less important than any other debt you may have and should be treated the same. What is the other party going to gain my taking you to court? they will win but that doesnt make you any more able to pay so write to them explaining your situation and your lack of ability to pay.

As bnkfodder says, check with other exhibitors as to whetehr anyone else took over your space and if they did you only owe the difference between what you contracted to pay and what they received from the other party (assuming they sold space at discount). If this is the case it will take the wind out of their sails and you can tell debt collectors the debt is in dispute and they should cease contacting you.

If you believe that the company may resort to law just to punish you by ruining your credit files rather than doing it to recover the debt you should consider using this against them if they start getting heavy.