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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
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I bought terminal access from a leading financial product and

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I bought terminal access from a leading financial product and information provider. I did not pay upfront as i was expecting a invoice of some kind. Now i hear that the company has sold the debt ( adding on their fees). I was not contacted about this and would and could have paid if the original company had invoiced.

Where do i stand. Do i have to be notified if my debt is being sold. What about my personal data, I did not give anyone permission to disclose my personal data to a third party

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Did you sign any terms and conditions that detailed when payment might be due?

Kind regards

Customer: replied 4 years ago.

Yes, i had 6 weeks in which to pay in full. I was expecting an invoice, It was not clear in the agreement. can they use a debt collection agency with giving me notice or the chance to pay. What about my personal data ?


Thank you.

They cannot use a debt collection agency if you are still within the credit terms. You would expect the credit terms to run from the date of the invoice.

Furthermore they can also pass your personal information on to a third party as a "Data Processor" - this will be contained in the terms and conditions if they have the right to doubt.

What I would do is write to the debt collection company as follows:
1. You deny that you are outside the terms of credit and only acknowledge the money is due and owing as of the date of the invoice;
2. Say at no point have you been provided with an invoice for any services;
3. Say that them continuing to chase you could be deemed harassment under S.40 of the Administration of Justice Act 1970 which is a criminal offence and if they continue to chase you, you reserve the right to report the matter to the police.

I would then write to the main company and say:
1. Deny you ever received an invoice;
2. Say you would be perfectly happy to pay if an invoice is produced for you to pay against;
3. That referring the matter to a debt collector without notice is a sharp practice at best and if they do not immediately call off the debt collector you will report the matter to Trading Standards and reserve the right to report them to the FCA (if they are regulated).

I look forward to hearing from you.

Kind regards

Alex J. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Can i just ask in relation to the about. Would the company that a bought the access use off, not have to inform me in my customer agreement that they use debt collection agencys and that may effect my credit rating. The same company has used a debt collection agency across EMEA even though they have nothing in their terms and conditions to say this.