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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71403
Experience:  Qualified Solicitor
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Control of goods. Debt collector I am in a situation where

Customer Question

Control of goods.
Debt collectorHi There,I am in a situation where the agent is constantly chasing me for outstanding fine for a car.
I have managed to make an online payment as soon as it was possible. That was about 5 days ago.
Whilst using this company’s online payment services there was a problem with the site and my first 2 attempts where unsuccessful however the 3rd was accepted. Later I checked my acc balance and it was showing two payments where successful. However this company said they haven’t received any. My account shows this payments as “pending transactions” I’ve contacted my bank to ask if those payments are approved and that only one should be approved as they other one is a site error. Unfortunately my bank said that Mooney has left my acc and whilst it is remaining as PENDING TRANSACTIONS there is nothing they can do.Now I’ve Have sand proofs to this to this debt collector few times a day but he keeps on contacting me all the time and threatening that it is to long and they will take action despite the fact that it is unclear if the payments did go through or not.Surely he can’t do anything whilst the payment is pending? My bank is making transfer to his services provider so how can this be my problem?Is there anything I can say to him to stop him form contacting till he has evidence that this payment was in fact unsuccessful?
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 22 days ago.
Hi Ben, I am Arek. Yes, please ask.
Expert:  Ben Jones replied 22 days ago.

Hi there. Are you able to provide the agent with proof of the pending payment?

Customer: replied 22 days ago.
I’ve been sending him screenshots of my acc even a few times a day
Expert:  Ben Jones replied 22 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 22 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

It is an unfortunate situation where you are temporarily in ‘no man’s land’ so to speak as the payment has been made by you, the transaction is pending but the other side may not have received it yet. As far as you are concerned, the payment has been made, but as far as the debt collector is concerned, they have not received it. In the end, they are not incorrect in only dropping this matter once funds have cleared into their accounts.

However, this should not last for too long as the transaction will not be pending indefinitely and sooner or later it will clear, usually it should be a matter of days.

Not sure what ‘further action’ they are threatening to take but there is no point going to court and even if they did, it will put an end to it once they receive the payment. They can make further threat and demands but you can ignore these and stall them until this payment clears through.

Expert:  Ben Jones replied 22 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 22 days ago.
Ok Thank you for your help. The only thing I am trying to do is to let the agent know that there is nothing I can do till I know if those payments have gone through or not. The possible outcome is that both will go through and if I was to pay the now agin as they are demanding I could end up making 3x and then trying to get back two payments reversed. I would have to be mad to do so.
But as far as I understand they have the permission to take control of goods I.e. clamp my car. Can they do this at this stage?
Expert:  Ben Jones replied 22 days ago.

Technically, yes because they have not actually received payment yet

Customer: replied 22 days ago.
I see. Thank you for your help.
Expert:  Ben Jones replied 22 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 22 days ago.
Thanks you
Expert:  Ben Jones replied 22 days ago.

My pleasure