please help

[pridz28]

i am writing to find out if i can get any advice on how to clear a debt.

• i was working for debenhams and then applied for another role in store, which i was offered and accepted, this ment i was no longer working for debenhams and now was employed for ysl even though i remained in store.
• it was not part of my job description to notify office staff to stop my wages being paid by debenhams, as on my resignation i should think staff were smart enough to take me off the system, however i was still being paid by both debenhams and ysl.
• i told my manager at the time about what was happening and he said to leave it with him
• the next months wages arrived and again i found i had been paid by both companies.
• eventually i told another member of staff who stopped the payment from debenhams immediately
• i have now acquired a £3,000 debt which i feel was not my fault at all especially as i made others aware of the situation that was going on.
• i have been trying to clear the debt since 2009 and i cant really afford to pay off this huge amount of money as i am now a mother and unemployed
• i have managed to pay over £1,000 and have just over £2,000 left to pay
• i am extremely depressed and constantly worrying about money, it has taken over my life to an awful extent.

PLEASE HELP!!!

[miliitant]

Re: please help

well as debenhams are no longer on the payroll, they cant do any deductions from your pay with YSL

IF YOU ARE A MOTHER AND UNEMPLOYED JUST OFFER TO PAY £1.00 PER WEEK TO DEBENHAMS

are you getting any problems with debenhams or any debt colection agency over this

[pridz28]

Re: please help

Yes the debt collectors often write to me saying they will take further action by taking me to court and asking me to increase my payments

[bluebottle]

Re: please help

Fault for this lies wholly with Debenhams. They knew you were leaving their employment and should have taken appropriate action to ensure only wages you were due were paid. If Debenhams were made aware of this and continued to pay you, it can be reasonably argued they were negligent. However, if you spent the money, knowing it was not due, there is case law that means Debenhams can recover it. The questions this now raises are thus -

1. Are Debenhams entitled to hound you through a debt collection agency?

In my considered judgement, no, they are not. It was their negligence that resulted in you being paid wages you were not due and you alerted them to this and they took no action at the time. So, in that respect, their grounds for using a debt collection agency are not only questionable, but legally-flawed, as if this were to come out in a court of law, a judge would have something to say about Debenhams' actions - and I don't think it would be very complimentary either. Their instructing the debt collectors may constitute harassment under the Protection from Harassment Act 1997.

2. Are the debt collectors acting lawfully?

The answer to this question is that they certainly appear to be in breach of the OFT Debt Collection Guidelines. All debt collection agencies have to be licensed with the OFT in order to collect debt. It is illegal for them to collect debt without the appropriate licence. They are certainly not entitled or permitted to ask you to make increased payments that you cannot afford. Their actions could also amount to harassment under the Protection from Harassment Act 1997.

3. Is there anything that can be done to stop the debt collectors and Debenhams?

In this case, yes, there is. Obviously, the money has to be paid back to Debenhams, as it was money you were not due, but it should be on your terms and not theirs, as they were negligent in paying the wages when they knew you had left their employment, you alerted them to the payments and they did nothing to rectify the matter. Both the debt collectors and Debenhams can be restrained by use of a court injunction under the civil remedy provisions contained in Section 3, Protection from Harassment Act 1997. If you need further information about this, please come onto the thread and I will guide you through this. There is also case law in the form of Ferguson -v- British Gas Trading Ltd 2009 which means a company can be held to account and be held liable for damages where it harasses an individual. This would apply to both the debt collectors and Debenhams. Also, you can report both Debenhams and the debt collectors to the OFT's Credit Fitness Team by sending an email complaint to enquiries@oft.gsi.gov.uk and inserting the words CREDIT FITNESS in the subject box of your email. Debenhams Plc's company registration number (CRN) is 05448421. You will need to quote this in your complaint email. The CRN and/or OFT Licence number should be on the debt collection company's website. If not, come back onto this thread and we will help you to trace this information.

I know this matter is worrying you, but it is not as bad as you think and it can be overcome. Just have faith in yourself and remember that there are people here, on LB, who can help you.

I am attaching copies of the OFT Debt Collection Guidelines and Protection from Harassment Act 1997. You will need to quote any breaches of the Debt Collection Guidelines in your complaint to the OFT.

[pridz28]

Re: please help

This has been extremely helpful, i've always felt like i have had no one to talk to, all i seem to get is i should have done more to stop the extra wages being paid but i couldnt physically go into the system and take myself off, grrr.
thank you very much, fingers crossed i can now go further with the appropriate action

[bluebottle]

Re: please help

The debt collectors cannot take you to court unless they have a right in law to do so. The onus of proof in that respect lies on them. Making threats such as these not only breach OFT Debt Collection Guidelines, if the debt collectors cannot prove they have a right in law to make the threats, it is a criminal offence, too. And it carries a substantial prison sentence - up to 14 years.

[pridz28]

Re: please help

sometimes i feel i should stop paying but i do take part of the blame as i did spend the money, even if my payment is late by a couple of days i will receive a letter which then means that i have to call them to which they say 'sorry the letter was sent by mistake' i get around £300 a month and £50 of that goes to the debt collectors which only leave me £250 for me and my 9 month old baby, i explain to the debt people that i cant afford to pay any more money than i do but i still receive letters. They use to contact me via phone but i requested that they only contact me in writing in future.

[bluebottle]

Re: please help

There is a piece of legislation called the Protection from Harassment Act 1997. This makes it an offence at law to engage in any course of conduct against another which amounts to harassment on at least two occasion. Debt collectors frequently breach this piece of legislation. Section 3 of the Act has a provision through which you can obtain a "without notice" injunction from your local county court. There is case law which prohibits companies from harassing individuals, namely Ferguson -v- British Gas Trading Ltd 2009. I note I have attached a copy of the Act to an earlier post in this thread. I am going to attach Court Form PF39CH to this post, just in case you need to obtain an injunction. If things come to that, your local Law Centre will be able to provide you with free legal advice. Simply, print off the PF39CH and take it with you for advice on completion.