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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I am being harassed by a PPI claims company who say i owe

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Hi there I am being harassed by a PPI claims company who say i owe them for monies which i claimed myself on Resolver and I have told them repeatedly that i havent signed any agreements with them. They have now sent via email an agreement with a similar signature on and i know i havent signed anything. I have done a bit of checking and in 2013 i did sign with a company called Owl solutions and was paid out in 2013/14 for all claims . I have found out that Allay Claims used to be Owls and i am sure they are using historical data to extort money from me and it is making me ill. This has been going on since 2019 and no matter how many times i tell them i havent signed anything they keep sending more emails demanding money or they will take me to court or worse.
JA: Where are you? It matters because laws vary by location.
Customer: West Yorkshire
JA: What steps have you taken so far?
Customer: I have repeatedly asked for evidence and only received this for the first time this year. I have called and I have informed them that I am sure they are using historical data. They just keep sending invoices etc
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that anything i did myself in Aug 2019 they seem to have jumped on anything that i was paid out for!! thank you

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

I have heard that a lot of scam companies sign agreements themselves - they forge someone's signature which is illegal. As it is illegal, it is very unlikely they will sue you. Illegality renders a contract void and not only that, the scam would be brought to the court's attention which they won't want. Instead they will bombard you with demands and threats.

You should threaten them with an application to the local county court for a civil injunction. Under the Protection from Harassment Act 1997, harassment is defined as "unwanted conduct designed to cause the victim alarm or distress:.

However, before you do this, send the PPI company a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at https://www.lawdepot.co.uk/

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

If they sued then it would be a small claim and easy to deal with. No lawyer required.
First they may use a debt collection agency. Debt collectors are not bailiffs - they have no powers as such. They will simply try to collect the money their client thinks you owe. You can turn them away if you dispute the debt and they visit you - they can’t enter your home and take goods. They would report back to their client they were unsuccessful and it’s then up to their client whether to take matters further.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

If you lost and if you were unable to pay the full sum owed at that point you can also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £50 unless you qualify for a fee exemption so if you are on a low income, have low savings or in receipt of benefits then you would qualify). If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.
I can assist you going forwards if it gets to the point they issue a claim.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

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