Help with goods not received but being threatened by DCA - HotUKDeals
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Help with goods not received but being threatened by DCA

nikkiandmidgets Avatar
8y, 7m agoPosted 8 years, 7 months ago
Hi, I hope this is an easy one, my little sister is getting upset over letters received from Vertbaudet re a debt she is disputing owing. She says she never received the items, they said 'As there was no reply the goods were left at your property'. There is nowhere safe to leave the items and she never received a card to state they were left round the back of house or anywhere like that. Is there an act she can quote? Surely it is sellers responsibility to prove that my sister received the goods?

She did originally order them and enclosed a cheque. she then received a letter from them stating they hadnt received cheque so could she send another one. She went to bank and cancelled cheque and then they tried to cash it but it obviously failed. She has never received the items and has told them this several times. On one statement it shows all items cancelled then next statement they are all reinstated.

Wrote them another letter asking them to provide proof of delivery but they have ignored and passed it to a DCA. My sister is all stressed by this and is considering paying it just to get them off her back and so her credit file isnt tarnished. If anyone knows which acts etc to quote in a letter to them it would be much appreciated cos I do know the onus is on the seller to provide proof item was received and my sister would never recommend someone leave a parcel outside her house - she lives in a self contained flat on a council estate..and her door can be seen from the street.
nikkiandmidgets Avatar
8y, 7m agoPosted 8 years, 7 months ago
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#1
No need to provide any act they must show delivery signed for information otherwise get trading standards on to them.
banned#2
how much?

it is down to the seller to provide proof of delivery anyway. whats DCA?
banned#3
it is so bad how can they just pass it on to a debt collection agency like this? surely this will now be on here credit history as bad debt
banned#4
Go to Citizens Advice Bureau they will be able to help
#5
csiman


whats DCA?


Lets see if we can work it out shall we.

We are talking about a Debt, so that is probably D

Someone is trying to Collect the dept, so that is probably C

And they are an organization or Agency, so that is the A.

D C A !
#6
Debt collection agency? Agree with the 1st comment! They should have left either the items or a note saying they have been and left with a neighbour or they will try again another day!
1 Like #7
Debt Collection Agencies have no powers at all, they are not Bailiffs.

Get your sister to write to Verbaudet explaining that the item was never received, and that she considers that the letters that they and their agents(D.C.A) as harrasment.

Write to the DCA(Who are in all probabilities a front for Vertabaudet) to provide evidence of the debt that they say that she owes, and a copy of the signed credit agreement.
#8
guilbert53
Lets see if we can work it out shall we.

We are talking about a Debt, so that is probably D

Someone is trying to Collect the dept, so that is probably C

And they are an organization or Agency, so that is the A.

D C A !


there's no need to take the mick!!!
#9
I know this is La Redoute and NOT Great Universal, but one of their conditions surely seems biased in their favour

Do I have to sign
#10
I would report them to trading standards. :x
banned#11
kazh1969;1983317
there's no need to take the mick!!!

TY :thumbsup:
banned#12
guilbert53;1983296
Lets see if we can work it out shall we.

We are talking about a Debt, so that is probably D

Someone is trying to Collect the dept, so that is probably C

And they are an organization or Agency, so that is the A.

D C A !

There was no need to be facetious mate! If you haven't got anything constructive to add, then don't bother :whistling:
banned#13
Has she made a complaint as they say on the website?

The Mail Order Traders' Association - Code of Practice
Vertbaudet is a member of the Mail Order Traders Association (MOTA) and we comply with the Code of Practice established by it. We undertake to deal with any complaints speedily and sympathetically. If any complaint cannot be resolved to the satisfaction of the customer, we will refer the problem for conciliation to: The Director, M.O.T.A., 139 Clapham Road, London, SW99 0HR. We are also committed to complying with the British Code of Advertising, Sales Promotion and Direct Marketing. All details are correct at the time of publication (July 2007)


Has it been referred to MOTA as they say above? If not she could try complaining to them.

They could possibly be in breach of the data protection act as their t&c's (apart from looking like they were written by someone who isn't very good writing things!) doesn't say they are allowed to share details for debt recovery.

We may also share your details with third parties who provide products or services that may be of interest to you..


Thats the only part I can see that allows sharing of data, which doesn't say anything about passing to a third party for debt recovery.
#14
Through all the advice given on here, you ought to ring/write and quote some of the advice given and make a big effort to convince them you know your stuff!!
Even like above quote their own T + C's to them!
#15
Get on the phone to the dca andthe senderof the parcel and KICK OFF big time, its the only way to get things done these days, ask where the proof of delivery is etc, and say its very irresponsible to leave things on a doorstep etc. Go mad on the phone and you will have this sorted in 5 min, letters are no good.
#16
Yes but she has been on the phone lots to them with no joy. Last time she got anywhere they removed the stuff off the invoice then added it back in a month or so later stating the goods were left outside her house....She has no internet access and no house phone so they either harass her on her mobile, or they say they have called yet she has no missed calls on her phone. Thats why I wrote the letter because she said she wasnt getting anywhere with phone calls. Will try writing to both again and mention the Trading Standards Agency and see where that gets her....with her not having the house phone she says she doesnt want to waste any more money with her mobile phone calling them as uit has not got her anywhere in the past...
#17
kungfu
Get on the phone to the dca andthe senderof the parcel and KICK OFF big time, its the only way to get things done these days, ask where the proof of delivery is etc, and say its very irresponsible to leave things on a doorstep etc. Go mad on the phone and you will have this sorted in 5 min, letters are no good.


I wouldn't waste time with the DCA as they don't really care what the circumstances are , they just want to get the money - the complaint has to be with the original company as they're the only ones that will call the DCA off. O2 incorrectly billed me for a year's line rental after the line had been disconnected then after I got the money back they sent a debt collection agency after me who couldn't care less that it was an error, they just kept asking me when I was going to pay the money.

John
#18
Legally DCA's are only allowed to pursuit "undisputed" debt, as this is disputed you have to make it very clear to the DCA that this is the case. They then must return the file to the client with your response.

I would not worry about your credit rating as the same is true for that, they cannot mark your account for undisputed debt, moreover your credit rating can only be affected my credit agencies, if you DO NOT have an account which allows you to purchase goods on credit then they have no access to your account.

They can pursuit to a CCJ but this involves, usually without notice, an application to a County Court Judge. He must then review the evidence available. As this application is without notice, they have a legal obligation to disclose ALL evidence both in favor and detrimental to their case, i.e. your letter disputing the debt, and as such unless they can provide evidence to show why it should not be disputed or that the dispute is a malicious dispute then they will not get their CCJ and will be back to square one, by which time this will have cost them at least a couple of hundred pounds, not to mention any legal dept / solicitor has a legal obligation to inform any client of the cost v. benefit factor, so unless you owe them serious cash there is little to nothing they can do.

If they are a credit company and mark your account then you have a statutory right to appeal, one of the grounds for doing so is reasonable belief the debt is disputed so once again we're back to square one.
#19
Johnmcl7
I wouldn't waste time with the DCA as they don't really care what the circumstances are , they just want to get the money - the complaint has to be with the original company as they're the only ones that will call the DCA off. O2 incorrectly billed me for a year's line rental after the line had been disconnected then after I got the money back they sent a debt collection agency after me who couldn't care less that it was an error, they just kept asking me when I was going to pay the money.

John


EVERYTHING MUST BE IN WRITING if you are to stand any chance of sorting this. Make a log of phone conversations, dates, times topics. If it comes to the wire you will be evidence that you have taken reasonable steps to address the situation.

It's frustrating but shouting down the phone will only p!$$ the person on the other end off who ultimately has no power to alter anything and are likely to note you as being unreasonable and uncooperative, two things which will not work in your favour.
#20
Any letters you send to the company, do so recorded delivery.

If you speak on the phone, get the name of the person to whom you speak and ask up front for the name and position of their superior.

Anything they say they'll do, anything they tell you to do, etc., make a note yourself and ask them to confirm it in writing.

If they don't confirm, write to them (recorded). Refer to the conversation, person's name and date, etc., and confirmf your understanding of what was agreed.

Keep all notes, receipts etc. Check online for proofs of delivery, print them out and file them

Which? Legal service may be useful. It's a tenner for three months. Check on their website.

Remeber: If it ain't written down, it don't exist (OK, I know it DOES exist, but it's a darn sight harder to prove)
#21
Give consumer direct a call and email the OFT and put a complaint against the debt collection agency. They would have to go to court to recover this debt which is very doubtful thye would do if they cannot prove you received the items. The main thing is not to worry as that is how places like this work . Do not pay it though as you are then accepting responsibility.They are harrasing you with no ground. Debt collection agancies have little or no teeth unless appointed by the courts and just use their reputation to get what they want.
banned 1 Like #22
boydent999
I know this is La Redoute and NOT Great Universal, but one of their conditions surely seems biased in their favour

Do I have to sign


Except they havent followed their own T&Cs it sounds!

Please note: In requesting delivery of a product you will be agreeing that the delivery company has the right to go onto the property and, if no-one is available to receive delivery, to leave the goods in any unlocked location at that delivery address. They will endeavour to ensure that any such location is dry and out of general sight.

In some instances, you will be required to provide a signature when your order is delivered. You will be advised of this on the checkout page.

If you are not in when we try to deliver your goods, and we are unable to leave them in a safe, secure place we will leave a card notifying you of the time we attempted delivery. We will also provide contact details so that you can arrange delivery to an alternate location if preferred.


The OP says there is no such safe place and therefore no delivery should have taken place and a card only delivered.

But the fact still remains, goods have not been received and therefore no debt. I'd agree completely with "thesaints" advice further up the thread.
1 Like #23
Vertbaudet are a nightmare to deal with. I had a similar issue involving them charging me for something that I not only didn't receive but didn't even order! They had the most incompetent, rude CS people I've ever had the mispleasure to deal with. I will never deal with them again, and I wonder how many other unhappy customers they have out there. My advice is to begin by writing a letter threatening a small court claim and given them 10 days to reply from date of letter. Don't waste any more of your time/money on the phone.
#24
Trading standards, Watchdog, legal advice, etc.

Make the *******s squirm.

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