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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am being chased by a debt collection company called ARC

Resolved Question:

Hi I am being chased by a debt collection company called ARC Europe on behalf of Domestic & General Insurance for a repair they said they did to a washing machine I have.When my machine broke I rang D&G as I have a policy for my dishwasher and wondered if they could help.They explained if the machine was over 7 years old they wouldn't fix it but booked an appointment for an engineer to visit,this was on 23/03/16.An appointment came through for 01/04/16 which was far too long,so I rang and cancelled both the policy and engineers visit and purchased a brand new machine that was delivered that week.
While my wife and I were at work on 01/04 an engineer turned up and my step son let him in.The new machine was now in place so he couldn't do any work and wrote "new machine" on the job sheet.D&G are insisting a new pump was fitted at a cost of £153 and insist I pay it.I have asked for copy of the work sheet three times as it clearly states no work was done,but they simply refuse to hand it over and are demanding the money.
Is there any action I can take as they seem hell bent on pursuing this no matter what.I still have the old machine in the garden and am considering getting an engineer to remove the pump to prove no work was done but do't know if this would serve any purpose.
I have a good credit rating and in no way want this to jeopardize it.I also feel angry that despite all the information they continue to demand the funds.
Is there anything I can do.
Regards
Ty Taylor
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 8 months ago.
Can you advise me on the question I previously sent
Expert:  Ben Jones replied 8 months ago.

Apologies for the slight delay. Did the engineer leave a copy of the worksheet with your step son?

Expert:  Ben Jones replied 8 months ago.

Also, did they request payment for this, at any point prior to passing it over to a debt collection agency?

Expert:  Ben Jones replied 8 months ago.

Hi there. Thank you for the live phone call request. I am unable to talk at the moment as I am in court but if you provide the information requested, I will prepare my advice during the day and get back to you at the earliest opportunity. Please leave it with me. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
I have now found the worksheet despite requesting it on numerous occasions,and no they didn't request payment prior to the debt collection agency being involved.If you are not going to call today then my mobile number is ***** 434541 and you can reach me on it anytime
Expert:  Ben Jones replied 8 months ago.

OK that's great. Thank you. I will get back to you at the earliest opportunity. Thanks again.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46148
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.

Hi there, whilst there is nothing stopping a party from pursuing what they believe is a genuine debt, if there is clear evidence that his is not true and they are pursuing you unreasonably, it could eventually amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.

Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.

In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.

So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.

In terms of your credit rating this should not be affected until they go to court and only if they win and you do not pay within a month of being ordered to do so.

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