How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I am being pursued by a collection co. for 285 pounds and 89

Resolved Question:

i am being pursued by a collection co. for 285 pounds and 89 pence.This is with regard to contested payment for a trial of enhancing tablets from a company based in theU.S.A..I never received any supplement from them to my home address.They insist that i have.There as been no correspondence from them.All i have received is a demand for the above sum.This was sent to my address by email.The alleged time of this is Oct.2016.Could you advise please.Yours M.Smith
Submitted: 25 days ago.
Category: Law
Expert:  Joshua replied 25 days ago.

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

  1. I am sorry to read of the above. May I clarify these were products you ordered but never received?
  2. You refer to a trial - could you tell me the terms of the trial?
  3. Has any evidence been supplied to you that you have received the tablets?
Customer: replied 25 days ago.
terms of the trial written in very small print were that i cancel trial after 12 wks. if not satisfied.I had not received trial offer so as time went by i omitted to cancel due to non delivery of product.This occurred in Oct. 2016 and i received no further reminder from them.This is almost a year ago.This company is a web company and i cannot find a way to contact them.All contact as to be made through the collection service..
Expert:  Joshua replied 25 days ago.

Thank you for the above. Have you asked them for evidence that the product was supplied? If so have they been able to give you any?

Customer: replied 25 days ago.
All i have received from the collection company is the response ;you were sent them;
Expert:  Joshua replied 25 days ago.

Thank you. From what you say you have a contract that the seller would send you some tablets and that you would try them on a trial and would be liable for the costs agreed if you did not cancel the trial in the defined period.

However from what you say they did not deliver the tablets to you. They may have been sent but this is not the same thing as them being delivered and as such there is a breach of contract on the sellers part and you would not be liable for the costs of supply on this basis.

You may consider replying to the collection agent that you did not receive the tablets and you have not been supplied with any proof that they were delivered. The seller has therefore not fulfilled its contract to supply you with the tablets and you are not liable under any trial. If they have evidence of any delivery please to send it to you but you are certain that no tablets were delivered to you.

As I am sure you are aware a private debt collector has no powers whatsoever other than the ability to make a nuisance of themselves. If you do not owe the debt you can ask them a) to prove any debt they claim you owe as discussed above; and b) cease and desist contacting you unless it is to provide conclusive proof of any debt they claim you owe or to issue court proceedings which you will vigourously defend

You can consider writing to the company involved (by email or letter) referring to the contacts and asking them to confirm and undertake in writing to you that they will desist form any further emails or calls subject as above. There is a great deal of legislation that can protect you which I suggest you consider referring to as follows:

You can advise them that if you do not receive the above undertaking within 7 days that you draw their attention to their obligations and liabilities under the following:

Section 40 - Administration of Justice Act 1970.

The Consumer Protection from Unfair Trading Regulations 2008.

Section 4A - Public Order Act 1986.

Section 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. You would need to prove their conduct on more than one occasion.

You could advise them that you will consider a report to trading standards and the Financial Ombudsman as to their conduct with a view to reviewing their licences and seeking financial compensation for distress and also reserve your rights to seek civil injunctions and costs against them if they ignore your requests.

You should not need to do any of this. The above should be sufficient to get them to back right off. If they don't however Trading Standards will normally assist you as will the Financial Ombudsman to which much of the regulation of debt collectors has now passed - they have the power to award financial compensation against authorised debt collectors for distress and the process of using them is free (0800 023 4 567 should you need to contact them).

You also have the right to apply for injunctive relief at the County Court though this will incur fees, which you can seek to recover. However the above should likely be your preferred option, because firstly it is free, and they are likely to be more concerned about falling foul of the Ombudsman as they have the power to review their licence rather than a single court application.

Should you decide you prefer to apply to the Conty Court however you can do so using the following form:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for 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 and other Law Specialists are ready to help you
Customer: replied 25 days ago.
I am very grateful for your advise.Iam very satisfied and rate you highly
Expert:  Joshua replied 25 days ago.

Many thanks. I am glad I could assist. If I can help any further please do not hesitate to contact me.