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Taking a debt collection agency to court

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  • Taking a debt collection agency to court

    Hi all and it is a long time since I posted on this forum. I was around when all these forums started up and got involved heavily with one that no longer is about as its purpose came to an end. I learn't quite a bit from it all but never had to use it until now.

    I had a dispute with EE. They sent me a bill for £800. My daughter thought she was using Messenger when talking to her friend in the USA. So I asked EE why was it so high and to cut a long story short we came to an agreement of around £222. However during the talks the bill came down a few times and at one stage was around £480 before reaching the final settlement of £222. At the £480 stage EE decided to pass the debt over to the debt agencies.

    I had a letter from a collector called Advantis. at the time I was dealing with EE. When I finalised my deal with EE I thought Advantis would stop hasselling me. No they carried on chasing me. The EE management had forgotten to update their records. So I was chased by Advantis for a month or so until eventually EE got the message to them. That was it I thought....wrong.

    A couple of weeks later I received a letter from a collector called PastDue based in Glasgow. It was the EE debt that I had just settle. This was back in late July I settle up. Now its November and I'm about to go down this road again. This time once I had told this company that my account was sorted I informed them I will be charging them £50 per email I reply to and £8 per minute on the phone. My bill to them is up to £250.

    I had another email today from them saying that they do not accept my charges as it is against their company policy. So I replied that I will let the small claims courts decide that one. So to make my claim against them stand up I have told them who my EE agent was and sent them proof of an email to show I have settled. I'm going ot give them 10 days to confirm my account is closed. If they do not reply I will email them back again asking for confirmation and adding another £50 to my bill for them.

    I'm not too sure if I should let the bill go up as they are not doing their homework properly with the evidence I have given them. Or should I go straight to the small claims court?
    Tags: None

  • #2
    Re: Taking a debt collection agency to court

    I am guessing the website you mean was goodf. I don't think it closed because it had served its purpose, I think it was either closed or they pulled a fast one as they had been trying to crowd fund it.

    I think your billing is probably going to land you with some grief, I can't see any Judge letting you get away with that. Why not just get it sorted and then make a formal complaint asking for some compensation.

    Comment


    • #3
      Re: Taking a debt collection agency to court

      Originally posted by warwick65 View Post
      I am guessing the website you mean was goodf. I don't think it closed because it had served its purpose, I think it was either closed or they pulled a fast one as they had been trying to crowd fund it.

      I think your billing is probably going to land you with some grief, I can't see any Judge letting you get away with that. Why not just get it sorted and then make a formal complaint asking for some compensation.

      Do not even try that one on in court you will get thrashed , do not try to be clever you WILL Loose a lot of money and possible further cases against you for menaces, judges take a bad view of chancers = GOODFF has a lot to answer for with many a peep who are still paying the price of that subject. if that is what you are referring to!

      also their homes lost

      Comment


      • #4
        Re: Taking a debt collection agency to court

        No idea what you all mean by GOODF.

        Comment


        • #5
          Re: Taking a debt collection agency to court

          The website was called get out of debt free and was based on the completely discredited freeman of the land ideology.

          Can you tell us the website you mean - clearly it hasn't outlived its purpose if you are following their principles

          I am afraid the idea of arbitrarily charging DCA's a fee of £50 an email and £8 a minute phone call will not get you anywhere. If they tried it with you it would be thrown out of court

          Comment


          • #6
            Re: Taking a debt collection agency to court

            Warwick / Mike - would you go to energy or financial ombudsman with this kind of thing following a formal complaint ? guessing financial as its on the billing / debt collection side of things ?

            Also would the complaint be joint EE and Pastdue or just Pastdue ? Thinking Pastdue are acting on duff info from EE .... they’re agents rather than purchasers aren’t they so still EE responsibilities?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Taking a debt collection agency to court

              Would it not be reasonable to expect the FCA to interject here? Surely if the OP has evidence from EE that the account is settles and closed then the DCA has no business collecting?
              just another thought the confirmation from EE definitely states that the account is settled in full?
              Personally i would write to the CEO of EE expresssing my dissatisfaction of their manner to resolve the account, i would enclose a copy of the evidence that you have and explain that you are being harassed by DCA's which implies that EE has sold/passed a debt over despite claiming account is closed/settled. I would even be cheeky to ask for them to not only resolve the situation, but also remind them that it has caused a huge inconvenience and unnecessary stress, you might get your money back, bad press and all that?

              Comment


              • #8
                Re: Taking a debt collection agency to court

                Originally posted by Amethyst View Post
                would you go to energy or financial ombudsman with this kind of thing following a formal complaint ? guessing financial as its on the billing / debt collection side of things ?
                Neither. Since this is a mobile phone issue it would be escalated to the Ombudsman Services - Communications after a formal complaint has been made to the service provider (EE not the debt collector) >

                https://www.ombudsman-services.org/s...communications

                Ofcom fined EE over £1 million for their complaint handling failures a couple of years ago so they may need reminding of that in any correspondence >

                https://www.ofcom.org.uk/about-ofcom...ofcom-fines-ee

                Di

                Comment


                • #9
                  Re: Taking a debt collection agency to court

                  1. I've nothing to do with GOODFF. My website was against a car company called Yes Car Credit and its associated finance branch called Direct Auto Finance. However most of our energy was fighting against the DCAs with one infamous one called GoDebt.

                  2. Regarding my "debt". Well I don't have one with EE as it was settled last July. PastDue started chasing me around October. I have given them a contact at EE who will confirm my account was settled. They have not bothered contacting him.

                  3. Take your note about the £50 and £8. However I do know someone who charged a PPI chaser £8 per minute when they called him. He took them to court and won. I'll try and find the article.

                  4. I'm now considering going down the Ombudsman route with the intention of getting compensation.

                  Comment


                  • #10
                    Re: Taking a debt collection agency to court

                    Originally posted by Amethyst View Post
                    Warwick / Mike - would you go to energy or financial ombudsman with this kind of thing following a formal complaint ? guessing financial as its on the billing / debt collection side of things ?

                    Also would the complaint be joint EE and Pastdue or just Pastdue ? Thinking Pastdue are acting on duff info from EE .... they’re agents rather than purchasers aren’t they so still EE responsibilities?
                    I would make formal complaint. maybe to both and follow it through their complaints procedure , escalating if need be

                    Comment


                    • #11
                      Re: Taking a debt collection agency to court

                      Ahhh lol, For some reason I had EE in my mind as electricity providers rather than mobile phone contracts .... doh !
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Taking a debt collection agency to court

                        Originally posted by Bakedalasker View Post
                        I'm now considering going down the Ombudsman route with the intention of getting compensation.

                        Our posts crossed >


                        Originally posted by Diana M View Post
                        Since this is a mobile phone issue it would be escalated to the Ombudsman Services - Communications after a formal complaint has been made to the service provider (EE not the debt collector) >

                        https://www.ombudsman-services.org/s...communications

                        Ofcom fined EE over £1 million for their complaint handling failures a couple of years ago so they may need reminding of that in any correspondence >

                        https://www.ofcom.org.uk/about-ofcom...ofcom-fines-ee
                        Di

                        Comment


                        • #13
                          Re: Taking a debt collection agency to court

                          Originally posted by Diana M View Post
                          Our posts crossed >




                          Di
                          Thanks Diane.

                          I will make an official complaint to EE and will copy in PastDue.

                          I dealt with one of EE agents. I have a 20 email trail with him. Should I contact him with the official complaint?

                          Comment


                          • #14
                            Re: Taking a debt collection agency to court

                            trouble when info given is minus factual company or forums = hence "Quote:- " Is it was the GOODF site they were referring to", anyway we now know

                            Comment


                            • #15
                              Re: Taking a debt collection agency to court

                              Originally posted by Bakedalasker View Post
                              I dealt with one of EE agents. I have a 20 email trail with him. Should I contact him with the official complaint?
                              Well if he didn’t resolve your complaint in 20 emails maybe he never will

                              I’d follow their (convoluted) formal Complaints Procedure on their website but after 8 weeks whisk it off to the Ombudsman regardless. From what you say they’ve had enough time to fix the problem.

                              Di

                              Comment

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