Question:
I could really use some advice from you good people.
I've already posted before on this problem, but there have been further
developments.
Basically, at the end of last year I had Bosch (UK) come out to service
my dishwasher. The cost was £49.50, and I paid it by cheque on receipt
of their first reminder. The cheque was cashed and shows up on my bank
statement on May 14th. so I'm happy that the bill has been paid.
Anyhow, on June 27th I got a letter from a debt collection agency asking
for the money. Both my wife and myself phoned the agency ('Direct Legal
Collections') quoting the cheque number and date of encashment.
However, they refused to accept that the bill was paid unless I sent
them copies of my bank statement.
I refused to do this on the basis that I have no contract or agreement
with the collection agency and I don't see why I should release any
personal information of any kind (eg my bank account number) to them.
I sent a letter to the MD of Bosch, complaining about my treatment; he's
forwarded it to their credit control dept. who are 'looking into
it'..........
Anyhow, the debt collection agency have just sent another letter saying
that one of their agents will shortly be coming to our house to collect
the money. My wife is understandably rather upset about this, since
we've never had this kind of thing happen before. She's at home with
the kids next week (school hols), I'll be at work, and she's worried
that some gorilla is going to turn up and threaten her or push his way
into the house.
Can anyone tell me what action I can take against this agency. Can I
sue them for 'harassment'? If so, how could I go about doing this?
I would also like to initiate a Data Protection Act enquiry, because
Bosch passed my personal details to this agency (including my
ex-directory 'phone number). I would also like to find out if
information has been passed to other agencies.
Would it be worth claiming for all the stress and time invloved in
dealing with this spurious demand for money?
Answer:
A: Wait and see what Bosch has to say and resolve it through "normal" channels.
If they are happy you've paid they should call off the agency. The problem
though is that they will have sold your debt to the agency and maybe cashed
your cheque as a matter of course? If that is the case get your money back
from Bosch and pay the debt collection agency.
As for the bailiffs coming to your door, just don't let them in. They can
not force entry. Best thing is to just not answer the door to them.
Q: Can I sue them for 'harassment'?
A: You can sue them for your financial losses. At the moment £0.00.
Q: Would it be worth claiming for all the stress and time invloved in
dealing with this spurious demand for money?
A: If you were as quick paying your own debts as you were trying
to get money from other people you wouldn't be in this mess. You will not
benefit from this financially.
My bet is that they sold your debt to the agency, cashed your cheque, will
realise their mistake, refund your money, the debt collectors are your
problem after that. However maybe Bosc will come through and sort it all
out.
