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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi in october 2010 i made a ppi claim via a 3rd party but later

Resolved Question:

Hi in october 2010 i made a ppi claim via a 3rd party but later decided to not go ahead with the claim and pull out.
Then after all this time of not hearing anything i got a bill of over 500 from a debt collecting agency saying i had to pay the outstanding bill(i recieved this last week)

where do i stand?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you gave written notice to the original company you chose to assist you with the PPI claim please?

Joshua :

If so did they respond?

Joshua :

Do you have a copy of the terms of your agreement with that company still?

Customer: I have a copy of the terms and conditions however upon cancelling I didtnt receive anything
Joshua :

Thanks. Do the terms mention any prescribed cancellation fee if you change your mind after the 14 day cooling off period?

Customer: It does state I need to cancel within ten days but when cancelling this wasn't mentioned .
Customer: However I've not heard anything in over 3 years and late payment charges have been added.
Joshua :

sorry for the delay in reverting to you. Do I understand that the terms and conditions do not contain any reference to any cancellation payment after the initial 10 days has expired? Do I also understand correctly that you have heard nothing from the company whatsoever since signing the agreement and in particular in relation to any money they claim is owed to them?

Joshua :

Finally, have you moved house which may explain why you have not heard from them?

Customer: The terms and conditions state I must cancel within ten days or I will be charged for any work carried out on my behalf .
Customer: however when I cancelled over the phone nothing was mentioned about any outstanding charges that I owed and no contact has been made since that day-I have lived at my current address for 5 years so my address has not changed.hope this helps
Joshua :

thank you.

Joshua :

The position with regards XXXXX XXXXX types of contract are that you have 14 days is according off period in which to cancel after which time you are bound by the contract and if you decide to cancel after this point, you would be liable for paying the reasonable costs of the company involved for any work carried out for you to that date

Joshua :

however, this does not mean the company can charge whatever it wants nor can it simply claim money from you without accounting to you for what it is that they are claiming for

Joshua :

accordingly, you may wish to consider reverting to the debt collection agency advising that you have received no contact from their principal - the company for whom they act - and you dispute the debt claimed and that you put the principal company to strict proof both in respect of your liability for the debt ( they will need to demonstrate evidence of contract between you and they and you never know your luck, they may have lost your contract documentation) as well as a breakdown as to exactly how the debt has been calculated ( they will need to show all of the work they have carried out together with the respective charges for the same in order to demonstrate that the charge claimed is reasonable).

Joshua :

if the company has in practice carried out little or no work for you in respect of your claim than the debt they are claiming from you may be excessive; they may only claim from you what is reasonable to charge in relation to works carried out and you will be in a position to judge this more accurately once you receive the information requested above.

Customer: Ok thanks for your help
Joshua :

once you have notified the debt collection company that you dispute the debt, they may not continue to chase you for the debt but rather must obtain the information you have reasonably requested or alternatively return the debt to their principal company

Customer: That's great thanks again
Joshua :

if you find the debt collection agency continues to chase you despite your above request, there are a variety of steps you can take. You can consider referring the debt collectors to Sections 1 & 2 - Malicious Communications Act 1988, The Protection from Harassment Act 1997 - section 1 can be applied to creditors harassing debtors whereby a person is guilty of this offence if they pursue a course of conduct that they know or ought to know amounts to harassment of another and that if contact continues despite your request that it stops you will consider a report to trading standards as to their conduct with a view to reviewing their licences and also reserve your rights to seek civil injunctions and costs against them if they conduct continues

Joshua :

A pleasure. I trust you are able to reach a reasonable resolution with the claim company.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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