I put in for broadband from talktalk at Christmas. They took over my telephone lines and calls, but although I waited ages, they never installed broadband. In the end I told them to forget it and went to Sky.
I got a huge bill, just for phone services which I queried. They put the account to a debt collection agency before answering my query. I was very unhappy, but paid the debt collection agency in March.
A few weeks ago I got a letter from another debt collection agency asking for the same money. I emailed them quite a few times, forwarding an email from the first company saying I'd paid them and taht they'd sent the money to talktalk. They never replied. Now they've sent another letter saying they're going to send someone round to the house to collect the 'debt' in full.
I've heard that it is illegal to harass debtors. How do I go about invoking the law please? Police, Solicitor, Trading Standards?
I'm so upset I can't think straight. Thank You MEPHISTOPHELES. That is very reassuring. Do you have any idea how I should get started? You must have signed a contract or clicked a contract 'I agree' or something. just explain to them the problem, you shouldn't have too much problem Yes it is not only illegal see:
* If it is part of a course of conduct towards that person which is intended to cause harassment or which he knows or ought to know amounts to the same it is the offence of Harassment - Section 2 of the Prevention of Harassment Act 1997. A maximum of 6 months imprisonment and brings with it a number of powers (injunctions) to prevent the nuisance returning.
But is also a civil wrong (a tort) for which you can also claim damages. Write a letter to them send it recorded tell them you have put it in the hands of your solicitor and any more letters or callers from them you will class as harassment and you will ask your solicitor to take the only action to stop this and you will also be claiming for distress make sure you send the photo copied receipt as well so it is proof that you have paid and give them 7 days to reply as your solicitor want to proceed but you are holding back at the moment As per other answers see solicitor and/or citizens advice.
Speak to police as demanding money with menaces is a serious crime.
They may not be too interested at first but point out that by bringing in debt collectors they are conspiring with a third party.
Conspiricy law is complicated but police are always interested in conspiracies to extract money.... ...
heavy jail Hi, firstly, forget about the police, they will see this as a civil matter and direct you to the nearest exit, Solictors, a possibility, but assuming you work this will cost you a small fortune in costs that you will doubtfully get back. The debt collection agency are working on behalf of Talk Talk and will only cease chasing the debt if Talk Talk advise them to, therefore your gripe is still with Talk Talk. Write to Talk Talk complaints department or e-mail complaining about the way you are being treated etc, etc, etc, they have to investigate. After you receive there final response and or if you are still unhappy you can complain to Ofcom, who will also investigate your complaint.......good luck, this may take a while. Everyone has given you very good advice.
I agree that the police would not be interested as it is a civil matter unless the harassment became 'physical'.
Trading Standards is a good idea, but I would also suggest going to your local paper. This is the sort of story they love and once they were on to it you can bet that Talk Talk would backtrack very quickly indeed.
Don't get upset - although that's easier said than done! Get a friend to help you or, if you don't know anyone in your area send me an e-mail and I'll support you. It's not right and you mustn't allow yourself to be bullied. YOU GO TO THE CAB
Get yourself down the Citizens Advice and ask there. Find a lawyer or legal aid, ensure you use signed for post, print off all your emails (They are time stamped and the header information confirms the send), photograph all your home contents as well this is absolutely necessary!Then make a way to the cop shop. Let the police know that you have got hold of a lawyer and been to the CAB. Tell them about your concerns and you are being harassed.
It is ILLEGAL for any debt collection agency to send their *heavys* to enter your home without your consent. They usually are happy to ignore all your letters since basically they are legal thugs. If they do end up knocking your door tell them that your lawyer and police are aware of the harassment and if they *literally* put one foot onto your property you will call the police and sue them to high heaven and add breaking and entering, trespass and threatening behavior to the list of charges *already* on your war list.
Keep in mind they have not rendered services started in the contract within an reasonable time and so why should you pay. I had this with the Phones4you company in Southampton and the Wildlife Cards people who interestingly use the same heavys company. Don't give in. Once they find you are knowledgeable about your rights and are prepared for a fight they will back down or just simply never contact you again. Most people get screwed over this way because they simply don't know their rights. And yes it is intimidating.
Wish you the best. Crush these thugs! You need to have proof that the bill was paid.
You can get this from the bank ... they will be able to show photocopy of the check you wrote, and who cashed it, or where it got deposited. I have done this many times, most recently when the IRS said I had claimed too much in what I put into IRA and I got list of all my deposits to show that my total was correct, that one of my IRA places had failed to file all the paperwork with the IRS.
You need to have proof that the ordered service, which was never delivered was cancelled. One way is copy of the communication that you sent them, and proof that they received it. If you did this by e-mail, you may need ISP help, and they might not give that out until you get help from a lawyer. It sounds like you do have a statement from the first debt collection place saying that you paid in full, and the money did go to talktalk.
Now you put both of thse pices of proof in one package to send to the latest place that is harrassing you, with a covering letter saying here is proof that you do not owe this debt. Ask them for confirmation back that you do not owe them anything. Do not send the originals, keep them. Send copies, because you will have to do the same thing each time.
Do not send via e-mail, Send via registered mail. That is where they have to sign something when the post office delivers, and you get back proof that they received it. You can also use Fed-X UPS other Courier services for the same thing.
Also do a registerd letter to talk talk ... maybe a copy of the letter to the second debt collection place will do. Your letter should demand reimbursement of what you paid the first debt collection agency because you never received the services from talk talk that started this billing dispute.
So now you have proof that both talk talk and the second place got your proof that you do not owe them anything, and you have your originals in case you have to do this again with a third place.
Locate the address of the second debt collection agency.
Locate the nearest police station to that address.
Notify the police station that the agency is harrassing you for collection of a debt that you do not owe.
Include copies of what it is they are demanding, and copies of the payment record, and a statement by you regarding how talk talk got you into this mess, and in fact you didn't owe the debt because talk talk never delivered on the services.
You stand a better chance if you go to the police station in person ... what you are seeking is an order of protection from a place that you fear is threatening you with bodily harm, like maybe talk talk is a branch of the mafia. You probably won't get it, but the police should take seriously the fact that you are being harrased for a debt that you do not owe, and they will either tell you where you need to go to get restitution, or there will be some police officer over at their offices asking for their side of the story & proof that they have a right to harrass you. Either way, you making progress.
Do legal research & check with places like better business bureau. If a lot of other people have complained about the same debt collection place or about talk talk, then there is a chance of a class action suit against them on behalf of all the victims. Visit the news media & ask to be interviewed, so that perhaps the victims can work together to get these companies officers jailed for their evil practices. If any story comes out about this, you can betcha they will be falling backwards over themselves to try to make good for you, because they do not want a civil action with hundreds or thousands of consumers all suing them in a joint action.
This happened in America with the pet food controversy. The pet food companies hired thugs to pretend to be lawyers to go to the people whose pets had got killed and try to arm twist them to agree to a small settlement. A judge blasted them for this behavior, and it is leading to much heavier costs for the pet food companies than had they never hired the thugs in the first place.
Now go to legal aid. You have evidence that you do not owe the devt. You have evidence that they are a pain in your butt. Tell legal aid what you have done so far. What you are looking for is a letter on the letter head of a lawyer to go to these economic criminal organizations demanding they leave you alone, after reimbursing to you the money that should never have been extorted from you.
In the future you need to stay away from talk talk for any future services. Dispute it. |
