Need help advice desperately

[ann]

Hi,

Sorry to post this here it's not to do with business but I' need help from maybe solicitor or anyone who could.

Right - few months ago I've missed payments from my catalogue account ( i know) it wasnt intentionally, just honestly forgot with things going on. Ok now I made payment to bring account up to date however it was too late because they've transfered my acount to their solicitor. Anyway they still accpeted my payment which I did online. I thought my account is fully paid for now I'm still getting letters from their solicitor, I have contacted them, inform them that I have made payment but they've told me that the company didn't inform them so I need to contact the catalogue company to request confirmation. I sent them numerous emails and responded that my account is brought to date bla bla and I requested copies of last statement but never heard anything.

I rang the catalogue company today and they've told that I still owe them something which I thought I have already cleared this account so I said I needed copies of my last three to six months statement to show what I owe and paid to them and they said they couldn't provide it.

I just don't know what to do - I'm so stressed with all this, one company tell me to do this and that - I rang them today on 0870 number which probbaly cost me a fortune as I was on the phone for ages.

All I need is from them is copies of my last statement showing my payments and what I owe as unfortunately due to house move I can't seem to find a ...bleep thing....sorry I'm just so annoyed being passed around. Please anyone. They keep saying that they can't send me anything as my account is passed to their solicitor bla..bla so I just have to pay something which I know that I don't owe - they need to prove it to me and I'll pay if I owe it...its such a small amount.

Ann :cry:

[bwglaw]

Ann

Addressing the relevant points in your post.

Missing a payment as agreed under a payment schedule i.e. monthly instalments, can amount to a breach of contract. However, in your case, you have continued to make the frequent payments (I presume at the agreed intervals). The fact that the creditor accepted your further payments now puts the 'breach of contract' aside because they have accepted your breach. This means it is going to be difficult for the creditor to claim you are in breach of contract unless they can show you have missed another payment.

The second issue is regarding their claim that you still owe some money. You have made a reasonable request for evidence of this by the way of providing a statement. This you are entitled to and it is in the creditor's interest to be forthcoming. In the event of any legal proceedings the creditor will need to write to you a 'letter before action' which must state the amount they intend to claim.

I suggest that you put your request in writing to the creditor to ask for the statement to substantiate their claim for the debt upon which you will endeavour to make payment if their claim is valid. You should post the letter by Special Delivery and keep copies of everything. You should also request a reply within 7 days.

If they fail to provide you with information to substantiate their claim then if they bring a claim against you in the County Court you may be able to argue that the creditor has behaved unreasonably and that the matter should be struck out. This will depend on the full facts of your case and I cannot advise without doing a full assessment.

In the meantime, you need to gather evidence to show that you are not liable for the debt. How did you make those payments? cash? Standing Order/Direct Debit? Can you reconcile your bank statements to show the payment and frequencies?

How much do they say you owe? Whether they will take action depends on this amount

If you would like further assistance please contact us at legal.services@handsongroup.co.uk

[ann]

Hi,

Thank you ever so much for your very helpful response. Much appreciated. I'm looking through for my stuff and statements, we've moved house so everything is upside down. perfect timing.

I asked the catalogue people to send me copies of statement but they said they couldn't bla.bla. well I know now it's all my fault for missing payments - it wasn't because I couldn't afford it, it was just an oversight as I had too many things going on around that time.

It's just annoying because you know that they are in the wrong but yet they're so uncooperative and when things like this happen you don't know what to do, what your rights are and so on - I mean trading standard and citizen bureau people are not that helpful. You just end up feeling stressed and gave up to them - ok I'll pay what you say I owe to get you off my back.

It's a very small amount about £150.

Thank you

Ann

[Ozzy]

Hi Ann,
Don't let it stress you, just deal with it on a prefessional manner and follow handson's advice above.

[VeryMark]

If you are getting the run around from call centre staff who are simply following a script from which they have no authority to deviate, ask to speak to a supervisor (or the supervisor's supervisor if necessary), contact their customer relations department, or write to the managing director - it's often basically a question of finding the right lever to get treated properly.