DON'T PAY DEBTS WITHOUT THE DETAIL
Get evidence of what the demand is for
By Maisha Frost
WHEN a debt collector’s demand came out of the blue, it shook Darrell Johnson. But that was nothing compared with the worry he felt when his attempts to find out the details were denied.
Darrell was told by agency Intrum Justitia that he owed £17.99 to Britannia Music & Film, a mail order firm that had just been put in administration.
“I’d certainly been a Britannia customer but not for a while and I wasn’t aware of any bills outstanding,” said the 45-year-old motorcycle courier. “I rang Intrum to get more details. I told the woman I’d pay if it was true but I was unwilling to stump up for something unspecified, just on their say-so.”
Darrell, from Mansfield, Nottinghamshire, was bewildered to be told that Intrum could not give details of the goods, just the amount owed. “My options were to pay or refuse – which I was warned could go against me if I was taken to court. The letter says for every time Intrum has to write to me again, they will charge me £20. On the one hand it seems outrageously unfair they don’t have to supply proof but on the other it’s a small amount. I’m not used to being hounded like this and I’m worried about the consequences to my credit record. I’m tempted to pay up just to get away from their clutches. It’s impossible to fight when you don’t know what you’re accused of.”
A spokesman for Which? Legal Service told Crusader that Darrell should not capitulate because he is in the right and has been denied some basic consumer rights.
Anyone accused of non-payment of a debt is entitled to be given evidence of what the demand is for, why it is being made and on what day and how it took place.
It is also worth finding out if the agency has bought the debt or has just been instructed to collect it for someone else. “The onus is on the collectors and their client to demonstrate a breach of contract has taken place,” stressed the Which? spokesman. Court is a last resort so everything should be done to resolve matters early.
“If Darrell is pursued he should write to Intrum Justitia and warn them he’ll raise their conduct with the judge,” added the spokesman.
But that won’t be necessary as Intrum Justitia has since admitted that it blundered in its dealings with Darrell. The agency has been instructed to chase up more than 71,000 former Britannia customers and it said six people did not receive details when they asked.
In a statement it said: “The failure to provide Mr Johnson with the details of products we were informed he had received was a regrettable case of operator error and one for which we apologise. The operator concerned has been given extra training and reminded, along with everyone in our customer service team, of our normal proper procedures.”
Darrell sensibly keeps his bank statements so has been able to prove he paid for the product – a Casino Royale DVD.
When Crusader asked why Intrum Justitia does not give full details when it sends out a written demand, a spokesman said: “This is because a number of our clients are retailers with whom customers may have a significant number of outstanding transactions.”
But the Which? spokesman added: “We always encourage upfront, transparent disclosure.”
As for Darrell, he’s not quite off the hook – he still needs to check his credit record has not suffered. He says: “I was tempted to give in. I’m so glad I sought help instead.”
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CALL THEIR BLUFF
28.04.08, 11:34pm
This happened several years ago, a debt collectors letter demanding money going back quite a long time which we knew we had paid.
We had no intention of paying again, I challenged them to prove, without a shadow of a doubt, that we did in fact owed this money as with amounts of money being received by them daily there was more than a possibility that cash could have been eroneously misallocated so until they provided proof of the alleged debt we were not prepared to pay anything, never heard another word .
• Posted by: Maggie • Report Comment
A NATIONAL DISGRACEL
23.04.08, 12:10am
It is right and proper that those who are owed money should receive their dues but as we have created a society that has become more and more reliant on credit and carelessness of debt, a vast and ruthless industry has evolved to cash in on those who are owed, those who owe and those who are alleged to owe. They are without scruple.
It is necessary for the reader to know that these avaricious, predatory debt acquisition and collection companies make immense and indefensible profits. They are well aware that there is no organization that will represent plaintiffs, in civil debt actions, who cannot afford to defend themselves. Accordingly, they will avoid, bend and overtly break guidelines, regulations and the law, comfortable in the knowledge that it is most unlikely that they will be held to account for their behavior. On the rare occasions when they are caught out, as in Darrell Johnson's case they will offer platitudinous excuses. The treasury profits handsomely from their rapacious activities and it is most unlikely that the present government would take any actions to protect the public from their predaceous and devious misconduct.
If you have the misfortune to have to communicate with one of these companies only do so, in writing, by recorded delivery. Never, ever, speak to them on the telephone. Aquaint yourself, intimately with the law in respect of your particular situation. Never trust anything they say without indisputable evidence.
• Posted by: NG • Report Comment
DON'T PAY DEBTS WITHOUT THE DETAILS
08.04.08, 10:48am
I too suffered at the hands of Britannia Music and Film who demanded £68 for videos I had cancelled.
They completely ignored all forms of communication and were just hell bent on getting money.
They were also featured on BBC Watchdog after a number of complaints.
Very pleased they have gone bust so that no one else has to suffer.
• Posted by: AnnieP • Report Comment
YOU HAVE TO KEEP YOUR NERVE
31.03.08, 11:26pm
It takes guts to hold out on £17 when you know every letter they send will bump up the bill by £20. There will shortly be automated parking fines arriving through the post accompanied with a photo of your car. You have to keep a record of all of these and when you made the payment. If you lose track you could be paying these things over and over for years to come.
• Posted by: Wayland • Report Comment
MOBILE CHARGES FLEECE OFF!
29.03.08, 3:53pm
Mobile companies, when questioned about charges made for calls not made, insist that because the calls are automated, they would not have originated from any other source.
Recently I was charged by 3G for "0800" calls which everyone knows is free from landline and when I disputed this, I was given a credit for these calls as a "gesture of goodwill."
Goodwill? My foot. They had charged me for calls I had never made.
These companies employ solicitors who make terms and conditions which are difficult to challenge in a court of law.
• Posted by: Nalin • Report Comment
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