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Debt Harrassment: ADVICE NEEDED

djmalone1985 Avatar
5y, 11m agoPosted 5 years, 11 months ago
Hi all

I settled a debt with orange last January. just before christmas I had a letter from a third party demanding the money again.

I have a letter from Orange saying that the payment was settled in full and due to them messing up my bill initially they have removed the default on my credit file.

Now the 3rd party have seen my evidence but say they will have to take it up with Orange - I still havent heard anything as of yet.

I sent them a template letter to that the Office of Fair Trading have mocked up. It states they are breaking the law as I have submitted evidence that the debt was settled.

I really want sue the 3rd party, mentioning no names - Arrow Global and Fredriksons International, as they have been totally rude and totally understanding.

Does anyone have any advice?

Many thanks
djmalone1985 Avatar
5y, 11m agoPosted 5 years, 11 months ago
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#2
Might be an idea to check your credit report via experian and equifax.
If you're a quidco member there are sometimes incentives to sign up, either way, both are free for 30 days as long as you remember to cancel!
I'd start there, check that it has shown as clear on those 2 sites.......
banned 1 Like #3
just move on. You cant sue a company for chasing a debt (albeit in error).

My advice - dont get in debt in the first place

Edited By: csiman on Jan 08, 2011 11:39
#4
Based on the above no doubt OP also has several claims with injury lawyers direct going on aswell.
Suing because they are rude.. LOL.

Get it sorted and move on love, these things happen.
Gees... people these days.
#5
if the 3rd party are chasing a debt and have seen evidence of that being settles then everything should stop at that point. Should the 3rd party continue to chase that same debt then that is an offence.
#6
when I left virgin media they added lots of random stuff on the last bill that i did not have or owe, I paid the amount i was supposed to by agreement with media but for some reason they went ahead with a collection agency for the 'outstanding' amount, every single phone call to virgin said it was fine, I didnt owe them anything yet the collection company still insisted they were working on up to date instruction from virgin, my credit file was noted as missed payments too, yes i was cross but it has never entered my mind to sue. Experian have contacted virgin and they have confirmed i owe nothing and ammended my file, the collection company has finally got the right information and thats it end of, took 4 months though. Just clear it up and move on.
#7
From OP -
totally understanding.

You have no reason to sue then! lol
#8
they have been totally rude and totally understanding.

So even though they have been rude but understanding you want to sue them?
#9
they havent been understanding at all. my reason for being angry is they have seen the evidence but choose to ignore it and insist on me paying them just because i owe it. - which is an offense.

and it wasnt my fault - they miscalculated the bill which is why i didnt pay, it took them ages to get the bill right, so the debt wasnt my fault in the first place.

at the moment i feel like im having to pay the amount again just to make things go away - surely thats wrong?

and i havent got injury lawyer claims as sumone mentioned, i want to sue due to the sheer ignorance, unprofessional and bullish behaviour from these people.

thanks
#10
so you've got enough about you to go down the sue route but [quote] 'at the moment i feel like im having to pay the amount again just to make things go away' thats just giving up in the first place. just sort it out, yes its a ball ache but shiz happens. Sort it and move on.
3 Likes #11
OP you need to join a forum like this for financial advice

http://www.consumeractiongroup.co.uk

The majority of people on this site have no idea and just answer to try and inflate their already overinflated ego's. They actually have people who know what they are doing their and not people who think they know everything.





Edited By: newbie1001 on Jan 08, 2011 14:03
#12
djmalone1985


and i havent got injury lawyer claims as sumone mentioned, i want to sue due to the sheer ignorance, unprofessional and bullish behaviour from these people.



Sounds like you need to grow up and grow a pair.
Yes its irritating, but **** happens in life, deal with it.

You want to sue because they are rude and havent been understanding... are you a little simple?
Though, feel free to hire a lwayer and do it, oh and come back and tell us how it goes, im always game for a good laugh at dumb people.
#13
newbie1001
OP you need to join a forum like this for financial advice

http://www.consumeractiongroup.co.uk


The majority of people on this site have no idea and just answer to try and inflate their already overinflated ego's. They actually have people who know what they are doing their and not people who think they know everything.






i'm not sure who thats aimed at but if the op wanted a specific line of advice ie a sympathetic and yes you should sue answer then they should have stated that in the op. Its posts like yours that'll make people not want to help. Just because the advice is not in agreement with the op's chosen route does not mean the people giving it have an ego to inflate or that they are not being helpful, as i stated in my first post i have been in the same situation so i felt i could put my tuppence worth in, nothing to do with ego. Good link you've supplied just a pity it was accompanied with a dig at other members.
#14
With people like jetpac been insulting and calling the op dumb then yes i wish some would just stop posting and they deserve a dig what useful advice have they given zip end of. You must wonder who really is the dumb one. Thats not advice they are just trying to put someone down for no reason at all.


Edited By: newbie1001 on Jan 08, 2011 14:24
#15
newbie1001
With people like jetpac been insulting and calling the op dumb then yes i wish some would just stop posting


Newbie... continue to be a nice soft shoulder to cry on.

Op wanted advice and we have given it to him/her, though it is probably not what they want to hear.
I will stand by my comment becuase they would be ridiculously stupid to go down the suing route due to the costs involved, the liklyhood of winning and the likley settlement should there be one.

Simple fact is OP is looking for people to say OMG THAT IS TERRIBLE, SUE AND GET YOURSELF LOTS OF MONEY!
A combination of greed and lazyness. Tolleration of such attitudes should be low and discouraged.

Edited By: Jetpac on Jan 08, 2011 14:29
#16
newbie1001
With people like jetpac been insulting and calling the op dumb then yes i wish some would just stop posting and they deserve a dig what useful advice have they given zip end of. You must wonder who really is the dumb one. Thats not advice they are just trying to put someone down for no reason at all.



jetpac aimed his responses at the op and you take offence and aim yrs at "The majority of people on this site" and then add 'have no idea', how is that any different from what you are accusing jetpac of doing? I dont get it.
banned#17
newbie1001
OP you need to join a forum like this for financial advice

http://www.consumeractiongroup.co.uk


The majority of people on this site have no idea and just answer to try and inflate their already overinflated ego's. They actually have people who know what they are doing their and not people who think they know everything.


he will get the same answers on there.
What would you suggest he puts for paticulars of claim or in the letter before action, as I have no idea. Putting 'I am suing them cos they are rude' will certainly raise a smile
#18
omg, u guys are quite unreal. i only wanted some advice - if its not viable to sue then fair play, im just wound up by this situation. and surely you can sue if a law has been broken? or should you all just laugh at me for saying this?
#19
See DJ the fact is we are being quite real.

djmalone1985
or should you all just laugh at me for saying this?


Pretty much.
You need a bit of a reality check my friend, stop looking to get easy money (which it wouldnt be by the way) and just deal with it like 99% of the population do.
#20
ok fair enough. i take your point. i just thought if a law has been broken there was room to sue.
thanks for bringing me to reality guys :-)

Happy new year all. x
#21
djmalone1985
omg, u guys are quite unreal. i only wanted some advice - if its not viable to sue then fair play, im just wound up by this situation. and surely you can sue if a law has been broken? or should you all just laugh at me for saying this?


i think we all understand yr mad but we were being realistic in our replies, hope you get it sorted soon :)
#22
thanks anyway x
#23
djmalone1985
ok fair enough. i take your point. i just thought if a law has been broken there was room to sue.
thanks for bringing me to reality guys :-)

Happy new year all. x


What law is it that you think might have been broken?
That's the best place to start.
#24
chasing debt when evidence that the debt was settled exists. thats what oft states on their website. im not after money at all, i just want them to learn and not to do it to anyone else. i know life isnt fair but these people are bullies
banned#25
what law though - i know others have said its against the law, but knowing what law has been broken would be a good starting point of a claim
#26
Its a criminal offence if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).
banned#27
You only want to sue because you think its easy money.
#28
Why do you want to sue? It sounds like its done
#29
i wanna sue coz i want them to get in trouble. id b quite happy donate any compensation to charity. its not about the money, they need to learn n cant keep doin this to people
[mod]#30
djmalone1985
omg, u guys are quite unreal. i only wanted some advice - if its not viable to sue then fair play, im just wound up by this situation. and surely you can sue if a law has been broken? or should you all just laugh at me for saying this?


It is not viable.

The remedy for harassment is usually an injunction. Put it this way, it will cost about £1,000 to obtain this.

To sue for damages you would need to prove loss. What is your loss? Nothing.

Just forget about this and move on. You are entitled to an apology at the most.
#31
an apology would be my best case scenario.
[mod]#32
How is it harassment?

They sent you a letter before Xmas, you sent proof of debt settled and they inform you they will check with Orange and you haven't heard anything since.

What have they done wrong???
[mod]#33
djmalone1985
an apology would be my best case scenario.


It sounds from the opening post that this is Oranges fault for instructing them after the debt being settled. If you have paid up and the matter is clear then just move on, it isn't worth getting worked up about it.
#34
OP I disagree with what seems to be the consensus on this thread. Debt collection companies seem in many cases to operate as a law unto themselves. If you have the energy and motivation to take them on you should. Maybe if more people did they would be forced to act in a more respectfully when dealing with people.
banned#35
djmalone1985
Its a criminal offence if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).


ok, so what have they done to cause any of the above? And more importantly - can you prove it?

Plum
OP I disagree with what seems to be the consensus on this thread. Debt collection companies seem in many cases to operate as a law unto themselves. If you have the energy and motivation to take them on you should. Maybe if more people did they would be forced to act in a more respectfully when dealing with people.


So what would you suggest he does?
I don't like dca's much, but in this case I don't really see what they have done wrong?

Edited By: colinsunderland on Jan 08, 2011 18:21
#36
colinsunderland
So what would you suggest he does?I don't like dca's much, but in this case I don't really see what they have done wrong?

I would suggest for a start that the op go and ask advice on a forum where people are not so quick to tell him to "just move on" or demand he proves the his case them. Somewhere people actually assume he is telling the truth and therefore give him some advice on the best way to pursue the companys at fault for harassing him and his family.

Clearly that is not here.
#37
Plum
OP I disagree with what seems to be the consensus on this thread. Debt collection companies seem in many cases to operate as a law unto themselves. If you have the energy and motivation to take them on you should. Maybe if more people did they would be forced to act in a more respectfully when dealing with people.


Read the opening post again.
Then give the OP some idea of what the DCA should have done differently, and what they should be apologising for, and what they might be imprisoned for if proven.
banned#38
thesaint

Read the opening post again.
Then give the OP some idea of what the DCA should have done differently, and what they should be apologising for, and what they might be imprisoned for if proven.


I read the opening post again. It would seem the DCA made false accusations and have left things unfinished by not telling the OP the issue was rectified and there was no debt to answer for, with an apology for the inconvenience it may have caused. Doesn't sound too much to ask for.

Can you show me where it says in the opening post btw that the DCA should be imprisoned? oO
#39
Google Fredricksons - pretty bad DCA
#40
bargainhunter2009
Google Fredricksons - pretty bad DCA


Yeah, they bring the good name of debt collectors down.

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