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AIBU?

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Original poster

telling a debt collection company to go and eat shit?

71 replies

marmaladetwatkins · 04/04/2011 20:20

Right. Before we start, I am not feckless with cash, nor do I have out of control spending habits. This is a matter of principal Grin

Five years ago, I opened a credit account with Oli (fashion website). Long story short, they were shit. I bought £200 worth of stuff from them but it never turned up on time (ordered loads of holiday stuff from there as they went up to an 18 and I couldn't find nice holiday clothes anywhere when I was lugging my baby weight about) and then they sent wrong sizes etc etc. I rang them (this was in 2006, BTW) and told them they were not good enough and that I wanted to settle my account. I sent a cheque for the balance.

About a month later, I got a letter saying thanks for your payment but you owe us £35 as your cheque did not clear before the payment due date. Not my problem, said I. I sent it well in advance, I didn't know it would be sat n your office waiting to be cashed for nigh on two weeks Hmm Told them to whistle about seventy trillion times. Next thing, they add another £35 for "administration charges" I laugh at them again and tell them I'm not interested.

THEN, they pass it on to a debt collection company. They rang me at home, I explained calmly what happened and they said no sorry you have to pay and will incur more charges if you do not. I refuse still. Basically, it crept up to £140 with a tenner being added each time they sent me a letter. In the end, I told one of their phone people that they were wasting their time and he told me explicitly that he would write the debt off. Definitely said that, in 2006.

So, was most surprised to get a phonecall today from a debt collection person asking for this £140. I lost my rag a bit after explaining it all again. I don't even know how they got my number as I moved over twelve months ago. It's "only" £140 but it's the principal. They're not bullying me into paying it. I told the woman as much and she said "you WILL be pursued for the amount" Vague threats don't wash with me. Next time they phone shall I tell them to eat their own shit? I'm not being harrassed in my home for a debt run up out of what essentially the laziness of the company I had the account with Angry

Sorry for long post.

OP posts:
Skinit · 04/04/2011 20:25

Speak to debtline...there are teps you can take to scare these people off...ebtline gave me a legal sounding letter when I was in the same situation.

They're not allowed to do what they are doing....
www.nationaldebtline.co.uk/

Here...they're free...confidental and government run.

Figgyrolls · 04/04/2011 20:26

Oooh I would be so cross!

We had a debt collection agency come here over an unpaid bill that wasn't even ours. I felt massively threatened as I had no clue what they were on about. Several hundred phonecalls later and I did get to tell them to fuck off. It seems to me that the company might be in trouble financially and want to cover all "debts" they can think up! 5 years is pushing it isn't it!

DreamsInBinary · 04/04/2011 20:26

YABU to tell anyone to "eat shit", but I expect you know that.

YANBU to be extremely annoyed with Oli, but why be angry with the debt company?

trixie123 · 04/04/2011 20:27

If you've got the patience then do please sit it out and refuse. Companies like this rely on you getting scared and /or fed up. Why has it taken them this long to start chasing you again?

Original poster
marmaladetwatkins · 04/04/2011 20:28

Yes, my friend said something about giving me a template (she works for the CAB) to fire off to them.

I forgot to add, the cheeky mare said "Well Mrs twatkins, to soften the blow, I can reduce the amount you need to pay"

Reduce it to diddly squat because I don't need to pay anything. I wonder how much ill-gotten money they make off people less, ahem, feisty than I am? :(

OP posts:
beesimo · 04/04/2011 20:29

Cut your losses OP and swallow this

Pay the amount owing because you will never win this, your orginal'debt' has been sold on and the debt company are operating within the law to chase you for payment.

Remember the administration of the law is not the same as justice.

Fair doesn't come into it because 'some will rob you with a shotgun and some will rob you with a ballpoint pen' and its the ones with a pen who get away with it.

Original poster
marmaladetwatkins · 04/04/2011 20:30

"YANBU to be extremely annoyed with Oli, but why be angry with the debt company?"

For using bullying tactics like phoning me in my own home, even though I am ex-directory then telling me i WILL be pursued. I assume she meant by method of sending a Phil Mitchell-alike round to shit me up rather than sending Orlando Bloom round to tickle it out of me. PLUS, I don't owe it to them. I've explained my situation. They should write it off.

OP posts:
Plumm · 04/04/2011 20:31

After 6 years a debt is statute barred so give it a year and it will be gone (which is probably why they're chasing it now - to get it before time runs out)

Plumm · 04/04/2011 20:33

Go to the moneysavingexpert forum for proper advice on this, but there are letters you can send demanding they contact you by letter only, and DCAs are not allowed to just turn up on your doorsetep harrassing you.

GwendolineMaryLacey · 04/04/2011 20:33

I've just had this with Simply Be. I underpaid my account by about £3 without knowing it. Never received anything from them about it until about a month ago when DD opened a letter from a debt collection agency saying they were coming round unless they heard from me within whatever time. Cost me £250. I paid it but was kicking myself for being such a wimp and not fighting it.

Original poster
marmaladetwatkins · 04/04/2011 20:34

My friend also said that, Plumm.

I don't know if I went the OFT route, they would have a leg to stand on anyway because I'm sure that all charges should reflect work expended. It did not cost them £35 to send me a letter to tell me THEY hadn't deigned to cash my on-time cheque in.

OP posts:
ib · 04/04/2011 20:34

I had a similar situation (well, not quite, but basically the company charged me for something they shouldn't have).

Write to them, cc the company and tell them you dispute the debt and that the amount is not due.

Then put any other letters from them straight in the bin. I checked at the time, and apparently there really is nothing they can do. Ignore all 'admin charges' and 'penalties' as well.

DreamsInBinary · 04/04/2011 20:37

You have a debt; they are chasing the debt. Phoning you at home is not a bullying tactic, and pursuing a debt is entirely legal. You assumed that she would send the bouncers round, but to do that she would have to get a judgment order, so I imagine she meant that they would go to court.

SarahBumBarer · 04/04/2011 20:38

They are not allowed to add charges of this magnitude. Charges of this level are a penalty at common law and void. Tell them if they call you again you will consider it to be harassment. Oh yes - and tell them to eat shit Grin Have you checked out the OFT guidelines on debt collection practices? Also, it is surprising how few companies have the nouse to actually assign their debts properly which may mean the debt collection agency has no legal standing.

SarahBumBarer · 04/04/2011 20:39

They can send collectors round Dreams - nasty pieces of work some of them but they do not have the legal authority of court bailiffs

Original poster
marmaladetwatkins · 04/04/2011 20:40

Oh they're not getting apenny out of me, ib. I just don't want the knuckle-dragging morons calling my house all the time. I was just wondering what level of rude was acceptable Grin

OP posts:
WinterOfOurDiscountTents · 04/04/2011 20:40

Not if the debt is illegal in the first place.

they aren't going to court for it, trust me. Tell them to eat shit.

Original poster
marmaladetwatkins · 04/04/2011 20:41

I do not have a debt. My account was paid off and in full.

OP posts:
Thornykate · 04/04/2011 20:43

Try the consumer action group (sorry no link but google it) , it is a brilliant forum to help people deal with this sort of thing. It angers me that so many people are bullied into debts like this grr!

StataLove · 04/04/2011 20:44

You need to speak their complaints department. Make an official complaint to them and tell them it's the first step to complaing to the financial ombudsman and office of fair trading.

www.financial-ombudsman.org.uk/

I had something similar with a Next delivery which never showed up and now where a direct debit was mistakenly cancelled and the money has apparently left my account but not reached theirs.

It's only the complaints department who will actually listen to you.

Thornykate · 04/04/2011 20:44

TBH I would tackle it with help from the consumer action group rather than just refuse to pay as it may adversley affect your credit rating.

BeakerTheMuppetMuppet · 04/04/2011 20:44

marmalade

write to the DCA, recorded delivery, asking them never to call you again, that all correspondence must be by post.

if they continue to call, you can ask your telephone provider to bar the number.

i hate DCAs. most of them are run so close to the edge of the law, the employees are lied to about the work and clients they have to call.

and before anyone jumps on me about paying debts, REAL debts can be negotiated with the creditor, not these faceless bullies.

StataLove · 04/04/2011 20:47

I agree with the others that you can't just ignore it. And you DO need to take action and ensure that they've cleared your credit rating as they've probably reported you to the credit agencies.

But you absolutely shouldn't pay if you have no debt.

beesimo · 04/04/2011 20:47

When we rent any of our cottages out we always have to do a debt check on the tenants. A silly arse thing like this would prevent you becoming a tenant. Why because we have to pay a insurance premium against a tenant defaulting on the lease and then us having to fork out to get the baliffs in to get them out. Your point score would be very much lower with a bad debt against your name.

This debt could cause all sorts of problems for you OP just get it sorted.

EricNorthmansMistress · 04/04/2011 20:48

YANBU and do not pay a penny. Let them take you to courtif itcomesto that!

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