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Hi all
I hoping for some advice.
I am a Land lord and we owned a pub in a city centre. On a Fri/Sat night there was the usual trouble and the council decided to implement a "business improvement District" charge. This was wardens who visited pubs and tried to prevent trouble.
The proposal was sound but they only worked 12noon-8pm, thus avioding the problem times of 11pm +. There was a vote and I voted no. However the majority voted "yes" and it happened. I refused to be part of it nor pay.
Fast forward 2 years and we now own a rural country pub. We had a visit from a B&s : http://www.bristowsutor.co.uk/.
they wanted payment and I sent them away, I then sent a "prove it" letter :
Dear Sir/Madam
Ref: xxxxxxxxxxx <--- taken from the paper they left at the pub
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
We would point out that we have no knowledge of any such debt being owed to <the local council> or contractual reason/terms that require us to pay £XX.XX
I would like to point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.
We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
We look forward to your reply.
I have had a reply today :
In so many words :
Thanks for your letter, any dispute must be directed to the council.
We have noted your comments and stress we are not acting as debt collectors and not enforcing a debt due to a contract.We are seeking to enforce payment of debt under a legal process under magistrates liability order. We have legal obiligations that differ from debt collectors. If you wish to discuss with the OFT, as we have, that the consumer credit act 1974, covers debts from credit agreements up to 25K. Due to this our actions cannot be classed as harrasment.
Please set up a payment plan....etc
Am I shafted here? I never signed anything, but given the council debt, the legal jargon, should I just pay (£1000). Is there any mielage left to fight?
I appreciate honesty.
Thanks
I hoping for some advice.
I am a Land lord and we owned a pub in a city centre. On a Fri/Sat night there was the usual trouble and the council decided to implement a "business improvement District" charge. This was wardens who visited pubs and tried to prevent trouble.
The proposal was sound but they only worked 12noon-8pm, thus avioding the problem times of 11pm +. There was a vote and I voted no. However the majority voted "yes" and it happened. I refused to be part of it nor pay.
Fast forward 2 years and we now own a rural country pub. We had a visit from a B&s : http://www.bristowsutor.co.uk/.
they wanted payment and I sent them away, I then sent a "prove it" letter :
Dear Sir/Madam
Ref: xxxxxxxxxxx <--- taken from the paper they left at the pub
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
We would point out that we have no knowledge of any such debt being owed to <the local council> or contractual reason/terms that require us to pay £XX.XX
I would like to point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.
We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
We look forward to your reply.
I have had a reply today :
In so many words :
Thanks for your letter, any dispute must be directed to the council.
We have noted your comments and stress we are not acting as debt collectors and not enforcing a debt due to a contract.We are seeking to enforce payment of debt under a legal process under magistrates liability order. We have legal obiligations that differ from debt collectors. If you wish to discuss with the OFT, as we have, that the consumer credit act 1974, covers debts from credit agreements up to 25K. Due to this our actions cannot be classed as harrasment.
Please set up a payment plan....etc
Am I shafted here? I never signed anything, but given the council debt, the legal jargon, should I just pay (£1000). Is there any mielage left to fight?
I appreciate honesty.
Thanks
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