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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75995
Experience:  Qualified Solicitor
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I am a 84 year old disabled widow. I joined "Care & Co in

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I am a 84 year old disabled widow. I joined "Care & Co in February 2020. I've had one call out for a leak from my washing M/C in November 2020. I contacted them to say I was cancelling my account! They are sending me threatening letters! First was "Pay £19.00 which I paid by cheque with letter! Now another letter asking to pay £28.50.
JA: Where are you? It matters because laws vary by location.
Customer: And threatening Legal Action. I had no paperwork from them: Terms and Conditions. Margaret.
JA: What steps have you taken so far?
Customer: I telephoned them yesterday and they said "They did NOT receive my letter" Which I had enclosed a cheque for £19.00 dated 2/11/21.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have changed my E-mail address to PLUSNET from June 2020 and unfortunately scribbled over my password ***** "Utility Warehouse" my old e-mail address. I cannot access my old e-mails! I have had a really bad year!
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.

Hi there. What is your specific query in relation to this please, so that I can best advise?

Customer: replied 11 days ago.
They are threatening me with "High Court Officers" and will affect my Credit. I will receive a Court Order Summons. I have had no paperwork from them about "Terms & Conditions" My Credit is Excellent.
Customer: replied 11 days ago.
I am a pensioner! On very low income!
Customer: replied 11 days ago.
You said this was FREE!

Phone calls are an additional service, which is entirely optional. 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.

Customer: replied 11 days ago.
I am hard of hearing so a phone call would be useless!

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 11 days ago.
My hearing is very poor could you please e-mail me? ***@******.***
Customer: replied 11 days ago.
I agree with the additional amount. e-mail:***@******.*** M Liffen Mrs

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
this situation and any associated issues.

The first thing you need to check is whether the cheque you
sent was ever cashed as that will allow you to challenge them over the alleged
non-payment claims they have made.

Secondly, you can challenge them over the lack of any terms
and conditions being issued and make it clear that they have failed to provide
you with the requirement to provide you with certain terms in a durable medium in
contravention of the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013.

Finally, whilst a party can make demands for payment,
instruct debt collectors or threaten legal action, it is important to note that
they can only really force someone to pay if they actually go to court, submit
a claim and are successful with it.

There is, however, no guarantee that they will actually ever
go that far. Many people issue threats and demands, without ever having the
intention of taking the matter to Court. This is done in the hope that the
scare the other party into complying with their demands to avoid the risk of
being taken to Court. However, until a formal notification of a Court claim has
been issued, there is never a guarantee that a claim will actually be made and
it could always remain just a threat, rather than reality.

Even if a claim was made, due to the value of compensation
sought, this matter would be assigned to the Small Claims Court. This is a
relatively low-risk option because it is specifically aimed at the smaller,
legally unrepresented parties. The costs of claiming are not that high, there
is no need to have a lawyer and incur further costs as a result and even if a
party loses the claim, they will not be liable to pay the other side’s legal
fees. All they would have to pay is the court fees, which at most will be
several hundred pounds and whatever the Court has decided should be paid to the
claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you
lose, the judgment is entered on the Register of Judgments, Orders and Fines,
where it will remain for 6 years. This is what is known as ‘having a CCJ’ and
can impact your credit rating. However, if payment of the judgment is made
within one month, the record will be removed from the Register and will no
longer be visible. If payment is made after one month has passed, it will still
remain on the Register for the 6 years, but will be marked as ‘satisfied’.

To conclude, it is possible to wait and see how far the
other side is willing to take this before deciding on how to respond and even
if a claim is made, it is possible to proceed and defend the claim in the
knowledge that the financial risks of doing so will not be astronomically high
and if any judgment made against you is paid within a month, there will be no
further repercussions.

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.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you sincerely ***** ***** expert advice! I am SO RELIEVED! I was terribly stressed out. Margaret L.
Customer: replied 10 days ago.
I cannot see where to Rate You ?

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

Customer: replied 10 days ago.
Sorry my mobile had "speaker Off!. I have checked my Bank Statement but £19 does not appear! Cheque stub dated 1/11/21. So my letter with (cheque No. 001057 enclosed) Care Club does not seem to have arrived????
Customer: replied 10 days ago.
I rate you Mr Jones 10 out of 10 THANK YOU !

Thank you very much