Debt Collection message

[Blooper]

Hi All,

Just received a message from a debt collection agency. The total mentioned is inaccurate. I can only imagine the other party has not bothered to go through all the documents to confirm what is owed. I have asked the agency to send a formal letter with the debt they claim is owed and will write back asking them for proof.

I have a timeline of events and documents to prove the amount suggested is wrong and that nothing is owed. Only a payable sum to be made on completion which requires a third party sign off, so there is a clear distinction when the work is done.

I have contacted solicitors for advice on next steps but sought advice here as it may be a simple case of asking the debt collection agency to prove what is owed which I have lengthy documentation to dispute. A simple first step would avoid costly solicitor fees,

[MIKE770]

before you run off and make things worse, make sure what they are after is enforceable i.e. tell us what it is all about, before you slip up?

[Blooper]

This is for building works carried out. There is a dispute over costs of the project. We got to a point where we are were asked to agree to a change in the quoted cost for one aspect of the job, if we did not agree they would no longer continue . We have been in non productive dialogue ever since.

The letter I have provides no breakdown of costs so I am assuming we are being billed for works we hired other trades people to start and complete so these were separate line items on the quote. We procured the materials and sourced the tradespeople ourselves so there is no reason for them to claim costs for this especially as they were aware we were taking that course of action.

As mentioned before there is a sum of about 3% of the overall project cost which would be paid upon completion of some outstanding works and sign off from building regulations.

[MIKE770]

Des-8

[Blooper]

Des-8

I'm not sure what this means

[des8]

It means that MIKE770 thinks I may be able to help, so he has tried to tag me (but relying on echat11 's telepathy again ..... sorry Blooper, a bit of an in joke!)

If I received a letter out of the blue from a debt collector,( especially a letter asking for payment for an incorrect amount) I would respond by telling them I did not recognise that debt, they should return the matter to their principal and as the alleged debt was therefor disputed they should not contact me further until they could provide evidence of such a debt.
Assuming you are a consumer (and not a business) I would then remind them that the FCA have certain rules and guidance which they should follow where a debt is disputed (no need to go into details but they are here if you are interestedhttps://www.handbook.fca.org.uk/handbook/CONC.pdf)

[Blooper]

Thanks des8 MIKE770 I sent a letter earlier this morning. Will keep you posted.

[Blooper]

des8
Happy New Year.

Since my last message disputing the debt, I received a letter from the solicitor requesting payment of some monies. It makes mention of practice direction on pre-action conduct, would this be a "letter before action"?.

The debt collection agency had sent a response to my letter disputing the debt, which had been missed hence the solicitors sending this letter.

I have 30 days to respond to the solicitor, this sum does not include the costs and interests mentioned by the debt collection agency, only that I would have to pay these costs if I do not settle the sum they mention. I also have the debt collection agency providing different documentation as evidence, do I need to address both of them?

What is the best course of action at this point, there are omissions from the documents\evidence provided by the solicitor and debt collection agency which inflate the sums in question.

[des8]

Without seeing these various letters and documents it is not possible to say if you have been sent an LBA.

Did the debt collectors (care to name them?) provide satisfactory evidence of the debt?
Do you agree the sum owing?

Does the solicitor (care to name them.. might be the same firm as the debt collectors!) state the same basic amount as owing?

Presumably there is a written contract? was it JCT?

[Blooper]

The evidence provided by the debt collectors has a number of omissions.

The Solicitors are listed as one of the firms the debt collection agency share data with, so there is a relationship. The amount requested by the solicitor amounts to the same as the debt collection agency. the evidence provided by both differs.

[EnglandPi]

With all due respect, you really need to answer the questions asked in order for us to help you.

[Blooper]

I believe I have answered the three questions Des8 posted.

*edit (I had not answered the last two questions, now added)

It's hard to give a simple answer as information can be manipulated to present a case. So regarding the first question the debt collection agency are wrong because they are not presenting the whole picture i.e. they present a line item cost that the builder had later confirmed on e-mail was refunded.

Simply put, answers below

Did the debt collectors (care to name them?) provide satisfactory evidence of the debt? No
Do you agree the sum owing? No

Does the solicitor (care to name them.. might be the same firm as the debt collectors!) state the same basic amount as owing? Yes

Presumably there is a written contract? Yes
was it JCT? Yes

[des8]

As it is a JCT contract doesn't it include dispute resolution procedures?

[Blooper]

It does. The contract states if any dispute arises under the terms of our agreement, both parties agree to select a mutually agreeable impartial third parties to help them mediate it.

Is it possible that due to my failure to pay the sum albeit false/incorrect within one month as per the contract I am deemed as being in breach of contract?

[des8]

[QUOTE=Blooper;n1601704
Is it possible that due to my failure to pay the sum albeit false/incorrect within one month as per the contract I am deemed as being in breach of contract?[/QUOTE]

Is this the sum payable upon completion of some outstanding works and sign off from building regulations.?
If not yet completed nor signed off yet how are you in breach of contract?