Dealing with debt recovery agencies

ejh wrote:

I received a letter/bill recently from a 'debt recovery service' recently for £69.

Now there are no contracts I have signed to take part in this league. This fictitious bill of £69 for services I haven't used looks a bit steep.

I have proof (via text messages) I cancelled these matches. I am unaware of any contractual obligations I signed (I never signed anything) that could incur any hidden fees. So where do I stand legally? Or where do I go to clarify my legal position independently?
Any advice gratefully received.

Ask for proof including a breakdown and the ''signed'' contract. Always write (recorded) never phone. No signed contract = no case.
Put the question on Martins Money site - they have people with the knowledge but I suspect it will be a bit like my response.

tigertony wrote:

No signed contract = no case.

That is just so wrong.  Many everyday contracts are not signed. Just about the worst piece of legal advice ever given.

Back to the OP.

Ignore the letters they will stop eventually. Debt recovery agencies don't have any magical powers to affect your credit rating or collect the money beyond what anyone else has and they certainly won't bother with litigation. All though it sounds like they haven't a leg to stand on and are trying their luck anyway.

Once its 6 years old, it becomes statute barred and they can't do FA about it whatever.

Progress update: they are leaving messages on my mobile phone now. Nothing threatening, just requesting I call them.

Should I just call up and ask 'what feckin debt? Where is your evidence I owe anything at all?'

You're in deep man, reeeeaaal deeep.

ejh wrote:

Progress update: they are leaving messages on my mobile phone now. Nothing threatening, just requesting I call them.

Should I just call up and ask 'what feckin debt? Where is your evidence I owe anything at all?'

I really wouldn't bother. It'll soon fall to the bottom of the pile.

Call the National debtline if you're still concerned 0808 808 4000

Sir John Hawkins wrote:

I do worry for frightened wabbits that think of taking on a fox.
It's quite simple, if you haven't the balls, pay up. It's an overhead of being a fwightened wabbit. The prize is a decent burrow, a magnificent huge credit rating by those who wouldn't spit on you, but with a poor self esteem. Your choice. A bit like being mugged and just handing over your dosh, rather than seeing to them and feck the consequences.
Knowing the legal ins and outs is irrelevant, if you have to come on here asking for advice. I wouldn't, and haven't paid up. You will.
Know yourself, get on with it, and don't fret.
Yours Margorie

If only the world was full of omniscient alpha males with a chest full of curly hair and a trans am, like Burt Reynolds, and you.

Hugh Watt wrote:

ejh wrote:

Progress update: they are leaving messages on my mobile phone now. Nothing threatening, just requesting I call them.

Should I just call up and ask 'what feckin debt? Where is your evidence I owe anything at all?'

I really wouldn't bother. It'll soon fall to the bottom of the pile.

Call the National debtline if you're still concerned 0808 808 4000

Thanks man. This whole world of debt collectors is entirely alien to me, especially when the allegations of debt are dubious. I appreciate all the advice.

Les Miserable wrote:

You're in deep man, reeeeaaal deeep.

As Mr. Cuncher has said, a debt allegation of a lower amount nearly cost him a mortgage offer.

For £69 I'd rather not be the brave man who can't ever be trusted with credit again, embarrassed by debt collectors who know their industry a lot better than some prick with no knowledge of what's going on a.k.a. Me.

ejh wrote:

Les Miserable wrote:

You're in deep man, reeeeaaal deeep.

As Mr. Cuncher has said, a debt allegation of a lower amount nearly cost him a mortgage offer.

For £69 I'd rather not be the brave man who can't ever be trusted with credit again, embarrassed by debt collectors who know their industry a lot better than some prick with no knowledge of what's going on a.k.a. Me.

They don't. They will be a bunch of chancers that are looking to shock you into paying them. They do not have any special powers to affect your credit rating, having a shit credit rating is based on many more factors than having a fly by night bunch chase you for money. There is no such things as a black list either, you can get a free months trial with experian if you have any concern over this.

If you get a genuine court summons over the money, then perhaps cut your losses. But you almost certainly won't.

If in any doubt, seek professional advice. May I suggest a company called 'Step change'.

I used them for advice a couple of years ago and found them very professional and very helpful, and best of all, free!!. Their advise was bang on the money and my particular situation panned out exactly as they said it would.

Their number: 0800 138 1111

there is only one man who can help ejh in his hour of darkness

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How do they have your phone number?

Anyway, either ignore it, or answer and tell them they have the wrong number - and obviously don't tell them your name. If they phone and ask "Is the Mr Ejh?" you answer , "No".

I can't emphasise enough, once you engage them in dialogue they will sense they are on to a winner, and bombard you with threats. Everything they say to you will be geared into intimidating you to pay up.

Don't do it.

Rickler wrote:

tigertony wrote:

No signed contract = no case.

That is just so wrong.  Many everyday contracts are not signed.  Just about the worst piece of legal advice ever given.

If so how would any organisation be able to take you to court. No proof of anything. I believe the law has changed but in the past people were not paying their dosh to a lot of mail order firms (Littlewoods etc) and the firms were not chasing because they knew they would not win a case. I believe now that even though some mail order agreements are not signed that delivery to you is basically a contract.
I can't think of one financial contract in my life that hasn't been signed? Any examples?
However - never ever speak to them. Always in writing and recorded or at least 'signed for'

Tony. Rickler is right, he really is. Look up contract law if you must. Legally binding contracts do not have to be written, they really don't. Sometimes, they don't have to be spoken either, just implied, and that's before you get into case law. Consideration is an interesting subject open to debate, and hence arguable at a cost, but most fwightened wabbits usually pay up by then.

A verbal contract is legal.

Tiger Tony...

Parking your car would be an example of a contract entered into where no words are spoken and no contract signed.

The moment you pull the ticket and enter the garage, you have entered into a contract to pay for the parking of your car on their property.

tigertony wrote:

Rickler wrote:

tigertony wrote:

No signed contract = no case.

That is just so wrong.  Many everyday contracts are not signed.  Just about the worst piece of legal advice ever given.

If so how would any organisation be able to take you to court. No proof of anything. I believe the law has changed but in the past people were not paying their dosh to a lot of mail order firms (Littlewoods etc) and the firms were not chasing because they knew they would not win a case. I believe now that even though some mail order agreements are not signed that delivery to you is basically a contract.
I can't think of one financial contract in my life that hasn't been signed? Any examples?
However - never ever speak to them. Always in writing and recorded or at least 'signed for'

Try taking out a loan with wonga and using that as your defence when you default on it.

OK I'll step back and eat humble pie. However in this case I would be asking the DCA concerned to provide proof.

I'm bemused you Guys are still debating this one !!  Nothing absolutely nothing is going to occur for £69 !!
I'll hold my hands up as at one time I was in for £68,000 owed to various sources. Ignore ignore ignore and as someone above wrote after 6 years of not responding it automatically "drops off the radar".  Will give an example off one Bank who gave up trying to recover £14,000. In the end they handed it to debt collectors. After 2 Years of ignoring the special offers start pay £7000 and we call it quits. That went on and on and is currently down to £378 and I'm not joking. (am not proud just telling it as it was/is)
Be warned that if you answer after eg of say 3 years out of stupidity, then those 6 years start again

Completely ignore whoever they are.

harvetheslayer wrote:

I'm bemused you Guys are still debating this one !!  Nothing absolutely nothing is going to occur for £69 !!
I'll hold my hands up as at one time I was in for £68,000 owed to various sources. Ignore ignore ignore and as someone above wrote after 6 years of not responding it automatically "drops off the radar".
Be warned that if you answer after eg of say 3 years out of stupidity, then those 6 years start again

Completely ignore whoever they are.

I thought that was only if the debt was included in your bankruptcy?

No Comment wrote:

harvetheslayer wrote:

I'm bemused you Guys are still debating this one !!  Nothing absolutely nothing is going to occur for £69 !!
I'll hold my hands up as at one time I was in for £68,000 owed to various sources. Ignore ignore ignore and as someone above wrote after 6 years of not responding it automatically "drops off the radar".
Be warned that if you answer after eg of say 3 years out of stupidity, then those 6 years start again

Completely ignore whoever they are.

I thought that was only if the debt was included in your bankruptcy?

Nope !! Nor did I file for bankruptcy

After 6 years, debt vultures in their super dry can't legally enforce debts. BUT, even after that 6 years, they can still carry on asking for payment, although not enforce it. If you make the mistake of contacting them, it's back to square one.
Since the crash and the internet explosion, most debt collecting/people finding  background is done by online spying. So, beware. Watch your social media, and use pseudonyms and one off email addresses on forums such as ATD. There's a fair bit of software out there that collates emails across the net, and back to the ISP.
Paperwork is hugely cheaper than hiring the ex social snooper old man Hooper in his van. Sending the boys round, bailiffs etc is the last thing they do these days unless you've contacted them, and you're a house owner. Those debts, big and small, are worth more to them sitting on their books as assets, with little expenditure in actual field work. That is enough to give the big companies a working business model that returns a good profit with a small % write down.
They are at present lobbying the Westminster palace hard to have the law changed, especially with regard to the 6 year rule. Loadsamoney.
If you fall foul of HMRC, and are not a mate of a Lord or a huge multi national, then the methods adopted by contracted people jump to a different level.

Sir John Hawkins wrote:

After 6 years, debt vultures in their super dry can't legally enforce debts. BUT, even after that 6 years, they can still carry on asking for payment, although not enforce it. If you make the mistake of contacting them, it's back to square one.
Since the crash and the internet explosion, most debt collecting/people finding  background is done by online spying. So, beware. Watch your social media, and use pseudonyms and one off email addresses on forums such as ATD. There's a fair bit of software out there that collates emails across the net, and back to the ISP.
Paperwork is hugely cheaper than hiring the ex social snooper old man Hooper in his van. Sending the boys round, bailiffs etc is the last thing they do these days unless you've contacted them, and you're a house owner. Those debts, big and small, are worth more to them sitting on their books as assets, with little expenditure in actual field work. That is enough to give the big companies a working business model that returns a good profit with a small % write down.
They are at present lobbying the Westminster palace hard to have the law changed, especially with regard to the 6 year rule. Loadsamoney.
If you fall foul of HMRC, and are not a mate of a Lord or a huge multi national, then the methods adopted by contracted people jump to a different level.

Not quite. After 6 years, the debt is statute barred. So It can't be brought back to life at all. The rest of your post is spot on as usual.

New letter on my doorstep today. Unless I pay soon they are advising their client to take legal action. They are warning me to consider legal costs and court fees in addition to the £69 debt. They warn the court judgement will shatter my credit rating.

But they are giving me one final chance! If I pay today I can avoid all this!