Do I have to deal over the phone

[algy47]

Hello.
I have been paying off by instalments money owed to my water company, I have missed a few payments and now it has been placed over to a debt collection agency Advantis. They contacted me by phone yesterday and asked for the full amount and when I told them I could not pay they said that they wanted payments double to that I was paying to my water company. They then asked me to give them details of my income (I only receive basic state pension) I asked them to send me a form through the post and I would fill in and return but i was told they would only take the information over the phone. I am not trying to get out of paying this debt but do I have to deal with on the phone or can I ask them to deal with my post.
algy47

[Ruby]

Re: Do I have to deal over the phone

You are perfectly within your rights to request the information to be posted to you. What they are trying to do is to bully you into paying more than you can manage. Stay strong and the next time they call say that you will only deal with written correspondence and if they carry on phoning you will report them for harrassment.

[alsagerman]

Re: Do I have to deal over the phone

Algy47

Has this debt been assigned to the DCA? If you've been paying installments I very much doubt it has. The DCA will have been "appointed" by the water supplier to try to threaten you into paying faster. They are lying (it's what DCA do) about only taking information over the phone. You have an absolute right to decide how, and in what form, you are contacted. They have NO RIGHT to dictate to you.

If you are in a position to start paying this debt again, I suggest you do so by making payment from your bank account direct to the supplier. Ignore the bully boy DCA. They will do nothing without the say so of their master, the water supplier. And if you're repaying the debt they won't waste money on court action.

As a matter of interest, I NEVER pay my water bill until the last possible moment. I hate that we have no option to buy a basic human need (water) from whom we choose and are held to ransom by these monopoly companies. My "debt" gets sent to a DCA every time. They inform me that I must deal with them only. They tell me that i must pay them......NOW!!. I ignore them every time, must drive them nuts, and pay in full when I'm good and ready.

[labman]

Re: Do I have to deal over the phone

They certainly have no right whatsoever to ask for your income and expenditure. While you can volunteer it (though I wouldn't in this situation) only a judge can demand it. I assume you have missed no payments, so I would write to the water company and ask for a payment card and just continue to pay what you have agreed.

If the DCA contact you again, AFTER contacting the water company and getting a payment card, post up and we'll sort out a letter to encourage them to go away.

[algy47]

Re: Do I have to deal over the phone

Hi
I would like to thank you all for your help. I told the rep. from the DCA last week that I did not want to deal over the phone. So this morning I had a letter from them saying that I either phone them to make arrangements to pay or they will put in the hands of solicitors or come to my house to collect the money owed. I still have my water payment card and will now attempt to make a payment today. Thanks again will keep you up to speed.
algy47

[teaboy2]

Re: Do I have to deal over the phone

"they will put in the hands of solicitors or come to my house to collect the money owed." Lol thats a first, since when did a peson that collects doorsteps for a living change to being a solicitor!!

If i was you i would simply carry on making payments to the water company directly. I would also write to the water company and send copy to advantis, informing the water company that you will not submit to advantis threats, especailly in regards to them sending their solicitor round to collect your doorstep, and will carry on paying the water company directly the previously agreed repayment amounts - which is all your able to afford to pay each month/week after priority bills/debts. Also make it clear to the water company you are well aware of the ferguson V british gas trading limited Case law and will not submit to harassment by the water companies 3rd party agents, whom you have no buisness or contractual dealings with. Also make it clear that you revoke whatever license they and their agents think they have to visit you on your property without prior appointment, and you have no desire to agree to any such appoint, and will deem any visit made without appointment as tort of tresspass. The only exception to this will be for when the water board need to read your meter, no other exception will be made.

[bluebottle]

Re: Do I have to deal over the phone

Algy47,

I am attaching a copy of the OFT Debt Collection Guidelines which Advantis have to comply with. See how many breaches on their part you can spot. If it comes to more than five (5), you might want to consider making a formal complaint to the OFT's Credit Fitness Team and your local Trading Standards Department. If you do, come back onto this thread and we'll help you with that.