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Dear all, I would appreciate your thoughts and advice with regards to an issue that I am trying to resolve but with little joy.
I had fallen into arrears with a creditor due to falling into financial hardship as a result of my home being burgled and left uninhabitable and my insurer refused to fulfill their obligations as per my policy which has resulted in a protracted battle. This has for various reason gone on for a few years during which time I was still responsible for the mortgage on my uninhabitable home and also alternate accommodation which has financially crippled me. The battle with the insurer reached deadlock at the back end of last year. Sadly, my best friend became extremely ill at this time and passed away at the turn of the year, just shy of his 50th birthday. I spoke the FOS and began the process of collating the information required to support my complaint. I should add that during the years of battle with my insurer I agreed with the creditor that a legal charge could be put against my property in good faith so as to secure the debt and leave me some space to resolve the issue with the insurer. In January this year I was contacted by a debt collection agency saying that they had been instructed by the creditor to chase the debt. To cut a long story short, I explained what was happening and that the FOS decision would result in funds being freed as we cannot face the thought of going back to the property in question due to the bad feeling the situation has caused so the property will either be put right and sold if the FOS find in our favour or sold as is - the later still leaving an equity value of circa £50,000.
This was ignored and the debt collector persistently contacted me and refused to acknowledge documentation clarifying the situation from the insurer, their loss adjuster etc saying that for all they knew I could be lying. This continued and started to have an effect on me. I had explained the loss of my friend a couple of weeks prior to them contacting me. I was finding it hard to deal with their approach and did inform them in each communication by email and phone. They said they acknowledged my situation but that their client had a legal right to payment. I found myself not being able to get their threats of court and CCJs out of my head and in a situation in which I could not switch off at night - regularly laying awake till 5 and 6 in the morning thinking about what was being said or what I needed to say, writing emails to the debt agency in my mind or on my computer. Despite my best efforts to cope I began to suffer and visited my GP who signed my off work with exhaustion and stress related insomnia. I was off work for just on 2 months. During this period I informed the debt agency how stopped contacting me for 2 weeks but then resumed with their threats despite my pleas. I would say hand on heart this was THE reason that it took my so long to recover.
I spoke to my GP and work to say that I felt that I needed to try and get back into some form of routine and normality. My GP agreed if I was not put under to much stress with projects that I lead on and my work agreed to a reduced workload and working from home to see how I coped. This went on for 3 weeks.
My contact with the debt agency was through one agent but during my recovery/work from home I was contacted by a new agent. This agents email said that as I had ignored previous communications (I had not missed one despite my state of mind) as per the below:
We confirm that having sent you the Proof of Debt held by our Client, you have ignored our previous correspondence and your account remains unpaid.
Our Client has chosen to open a Pre-Action Protocol for Debt action against you to recover the amount of £xxxx.xx.
Please find enclosed the following
1. Copy of unpaid statement
2. Copy of signed contract
3. Full breakdown of the amount claimed
4. Information Form
5. Reply Form
6. Financial statement form
Failure to respond in full by 01/06/2019 will allow our Client to issue a Claim in the County Court without further delay. Failure to comply with the Protocol will be documented.
I responded immediately to clarify that I had responded to all communications which as I have they will have evidence of.
I also added a request. I explained that I would complete any documents required (despite my health) but that the documents sent were scanned and not editable and that I do not have a printer. As such I requested that these be posted. I received a response saying that these had been posted on the same day that the email was sent. The weekend came and went and there was no sign of the documents so I emailed to advise but was assured that they had been posted and that it might be a delay with the post. A week went by and still there was no sign of the documents. Concerned that there was a deadline looming I requested that the documents be resent and by recorded delivery for all parties peace of mind. The agency refused this saying that had sent them via email. I again reminded them that I was working from home, recovering from a mental illness and that I do not have a printer and could not edit the scanned documents. They responded saying that I needed to go the local library and have them printed there. I explained that I am not a member of the local library nor did I feel it right that I would have to pay for such printing under this scenario. I would add as I did to them that I do not own a car due to financial situation and that my institutes sick pay only covers one month so the second month of my illness was without PAYE. I again sent an email requesting that any documents that I was required to complete be either posted to me via recorded delivery or sent in an editable version. I then received an email stating that I had acknowledged receipt of the posted forms - I had not not. I sent a reply expressing my concern and the untruth and also the refusal to post the required PAP documents to me. The response stated that I was being unreasonable. Seeing this I raised a formal complaint highlighting the inaccuracies, my multiple requests for the documents to be posted and the agencies refusal. I also added that in each communication I noted my mental health and beyond a responding line(s) saying "we acknowledge your your situation and wellbeing" nothing was done or offered and the threats and harassment continued.
The response to my complaint arrived (via post) and was two pages long. It did not address one issue that I had raised instead talked about their clients rights etc and also that they believed that no professional body would consider my situation. The complaint contained no alternate course of redress and was positioned that I had to accept there refusal to acknowledge my concerns. I looked at the agencies complaint procedure and found this;
Our final response will:
1 State whether the complaint has been upheld
2 Where appropriate offer redress or remedial action
3 Enclose a copy of the Financial Ombudsman Service explanatory leaflet and
4 Inform the complainant that if they remain unhappy they may now refer the complaint to the Financial Ombudsman Service and must do so within 6 months.
I responded to raise my concerns that not only had the response ignored all of my concerns that I had not been offered the simple courtesy of the agency following their own complaints procedure as there was nothing about the FOS mentioned.
I then received a letter (via post) that had a torn piece of lined A4 paper to fit the window of the envelope with my address written in pen and an FOS leaflet, nothing else - no guidance with regards to dates etc.
I responded copying the creditor to express my alarm at the way that I was being treated and to explain that as the agency had refused to post the PAP documents that they could not be completed, as described in multiple emails, and that I would not accept any deadlines of threats of court action until the documents were received via recorded delivery or in editable format.
The creditor said I needed to speak to the agency, the agency did not respond nor send the documents prior to the imminent initial deadline which passed and they then responded saying that their client was no applying to the courts.
Such is the stress that this is causing that I am now not sleeping again and cannot resolve the matter in mind and am worried sick. I was sent home from work last week and told to take the remainder of the week off as my Dean, who knows about the matter could see that I am not in a good place. Both the agency and creditor are refusing to listen to my pleas for reason.
I don't know what to do.
Sorry if that is like war and peace and for any typos but hope it portrays my situation.
Thanks in advance for any advice.
LS
I had fallen into arrears with a creditor due to falling into financial hardship as a result of my home being burgled and left uninhabitable and my insurer refused to fulfill their obligations as per my policy which has resulted in a protracted battle. This has for various reason gone on for a few years during which time I was still responsible for the mortgage on my uninhabitable home and also alternate accommodation which has financially crippled me. The battle with the insurer reached deadlock at the back end of last year. Sadly, my best friend became extremely ill at this time and passed away at the turn of the year, just shy of his 50th birthday. I spoke the FOS and began the process of collating the information required to support my complaint. I should add that during the years of battle with my insurer I agreed with the creditor that a legal charge could be put against my property in good faith so as to secure the debt and leave me some space to resolve the issue with the insurer. In January this year I was contacted by a debt collection agency saying that they had been instructed by the creditor to chase the debt. To cut a long story short, I explained what was happening and that the FOS decision would result in funds being freed as we cannot face the thought of going back to the property in question due to the bad feeling the situation has caused so the property will either be put right and sold if the FOS find in our favour or sold as is - the later still leaving an equity value of circa £50,000.
This was ignored and the debt collector persistently contacted me and refused to acknowledge documentation clarifying the situation from the insurer, their loss adjuster etc saying that for all they knew I could be lying. This continued and started to have an effect on me. I had explained the loss of my friend a couple of weeks prior to them contacting me. I was finding it hard to deal with their approach and did inform them in each communication by email and phone. They said they acknowledged my situation but that their client had a legal right to payment. I found myself not being able to get their threats of court and CCJs out of my head and in a situation in which I could not switch off at night - regularly laying awake till 5 and 6 in the morning thinking about what was being said or what I needed to say, writing emails to the debt agency in my mind or on my computer. Despite my best efforts to cope I began to suffer and visited my GP who signed my off work with exhaustion and stress related insomnia. I was off work for just on 2 months. During this period I informed the debt agency how stopped contacting me for 2 weeks but then resumed with their threats despite my pleas. I would say hand on heart this was THE reason that it took my so long to recover.
I spoke to my GP and work to say that I felt that I needed to try and get back into some form of routine and normality. My GP agreed if I was not put under to much stress with projects that I lead on and my work agreed to a reduced workload and working from home to see how I coped. This went on for 3 weeks.
My contact with the debt agency was through one agent but during my recovery/work from home I was contacted by a new agent. This agents email said that as I had ignored previous communications (I had not missed one despite my state of mind) as per the below:
We confirm that having sent you the Proof of Debt held by our Client, you have ignored our previous correspondence and your account remains unpaid.
Our Client has chosen to open a Pre-Action Protocol for Debt action against you to recover the amount of £xxxx.xx.
Please find enclosed the following
1. Copy of unpaid statement
2. Copy of signed contract
3. Full breakdown of the amount claimed
4. Information Form
5. Reply Form
6. Financial statement form
Failure to respond in full by 01/06/2019 will allow our Client to issue a Claim in the County Court without further delay. Failure to comply with the Protocol will be documented.
I responded immediately to clarify that I had responded to all communications which as I have they will have evidence of.
I also added a request. I explained that I would complete any documents required (despite my health) but that the documents sent were scanned and not editable and that I do not have a printer. As such I requested that these be posted. I received a response saying that these had been posted on the same day that the email was sent. The weekend came and went and there was no sign of the documents so I emailed to advise but was assured that they had been posted and that it might be a delay with the post. A week went by and still there was no sign of the documents. Concerned that there was a deadline looming I requested that the documents be resent and by recorded delivery for all parties peace of mind. The agency refused this saying that had sent them via email. I again reminded them that I was working from home, recovering from a mental illness and that I do not have a printer and could not edit the scanned documents. They responded saying that I needed to go the local library and have them printed there. I explained that I am not a member of the local library nor did I feel it right that I would have to pay for such printing under this scenario. I would add as I did to them that I do not own a car due to financial situation and that my institutes sick pay only covers one month so the second month of my illness was without PAYE. I again sent an email requesting that any documents that I was required to complete be either posted to me via recorded delivery or sent in an editable version. I then received an email stating that I had acknowledged receipt of the posted forms - I had not not. I sent a reply expressing my concern and the untruth and also the refusal to post the required PAP documents to me. The response stated that I was being unreasonable. Seeing this I raised a formal complaint highlighting the inaccuracies, my multiple requests for the documents to be posted and the agencies refusal. I also added that in each communication I noted my mental health and beyond a responding line(s) saying "we acknowledge your your situation and wellbeing" nothing was done or offered and the threats and harassment continued.
The response to my complaint arrived (via post) and was two pages long. It did not address one issue that I had raised instead talked about their clients rights etc and also that they believed that no professional body would consider my situation. The complaint contained no alternate course of redress and was positioned that I had to accept there refusal to acknowledge my concerns. I looked at the agencies complaint procedure and found this;
Our final response will:
1 State whether the complaint has been upheld
2 Where appropriate offer redress or remedial action
3 Enclose a copy of the Financial Ombudsman Service explanatory leaflet and
4 Inform the complainant that if they remain unhappy they may now refer the complaint to the Financial Ombudsman Service and must do so within 6 months.
I responded to raise my concerns that not only had the response ignored all of my concerns that I had not been offered the simple courtesy of the agency following their own complaints procedure as there was nothing about the FOS mentioned.
I then received a letter (via post) that had a torn piece of lined A4 paper to fit the window of the envelope with my address written in pen and an FOS leaflet, nothing else - no guidance with regards to dates etc.
I responded copying the creditor to express my alarm at the way that I was being treated and to explain that as the agency had refused to post the PAP documents that they could not be completed, as described in multiple emails, and that I would not accept any deadlines of threats of court action until the documents were received via recorded delivery or in editable format.
The creditor said I needed to speak to the agency, the agency did not respond nor send the documents prior to the imminent initial deadline which passed and they then responded saying that their client was no applying to the courts.
Such is the stress that this is causing that I am now not sleeping again and cannot resolve the matter in mind and am worried sick. I was sent home from work last week and told to take the remainder of the week off as my Dean, who knows about the matter could see that I am not in a good place. Both the agency and creditor are refusing to listen to my pleas for reason.
I don't know what to do.
Sorry if that is like war and peace and for any typos but hope it portrays my situation.
Thanks in advance for any advice.
LS
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