Bailiffs wanting £25. What to do?!

Soldato
Joined
3 Jul 2005
Posts
3,027
As some of you may have read in this thread:

http://forums.overclockers.co.uk/showthread.php?t=17777919

I owed ebay £138 .. well, it was £115 but the bailiffs charged me fees... so I paid ebay the £115 :mad: but now ive had another letter from the bailiffs saying I owed them like £25.. Should I pay it or could I do this - When they come, give them all my old clothes and stuff that I dont need to make up the cost..? lol, as I have a lot of things I want to sell.. Cheers :)
 
As some of you may have read in this thread:

http://forums.overclockers.co.uk/showthread.php?t=17777919

I owed ebay £138 .. well, it was £115 but the bailiffs charged me fees... so I paid ebay the £115 :mad: but now ive had another letter from the bailiffs saying I owed them like £25.. Should I pay it or could I do this - When they come, give them all my old clothes and stuff that I dont need to make up the cost..? lol, as I have a lot of things I want to sell.. Cheers :)

If you don't pay they are entitled to goods to the value of and that won't be the goods of your choosing it will be what they want and you'd be amased how little they thing some of your technology is worth!

Thats assuming you actual have to pay them you maybe able to get out of it having settled the origional debt, contact the CAB for advice!
 
The £25 will be in the T&C that you agreed to at some point. I got stuck with a £15 charge on my web hosting, as I thought I'd cancelled my subscription. When I eventually found out I hadn't, I hadn't payed 3 months worth of the fees, so they passed it on to the bayliffs who demanded the £70, plus the extra £15. I went through the T&Cs and eventually found a 2 lined section that covered it. Lame :(
 
Seen as you already paid the rest, for the sake of £25 i'd pay it.

Exactly, I'd just pay it for such a small amount and get it over and done with considering you paid the rest.

I've had an ongoing battle with Paypal for 2 years, I thought they'd finally given up but a different debt collector has started harrassing me now, there's no way in hell I'm backing down as I had fraud done against me, why the hell should I just roll over and pay? That's what they expect you to do unfortunately.
 
Were they actually court appointed baliffs or just some debt collection agency? If it was the latter then the following 2 letters should put them in their place. Remember a debt only exists if the DCA can supply a signed copy of a credit agreement between you and paypal. As no such agreement exists no debt exists. So they can rant all they like but the can do nothing. The second letter should put an immediate stop to the phone calls. Obvioulsy you will need to amend the letters slightly to reflect your personal circumstances. Oh, and DCAs are renowned for saying they are coming round to collect your possessions. It is a bluff. Only court appointed baliffs can do that. Typically they leave a card saying a "Mr Brown" called and will be back to attempt removal of your goods. He's a made up person basically. They are just trying to scare/harass you into paying.

RE: Alleged outstanding Paypal account
Reference: **************



To Whom It May Concern:

I am writing in response to your letters (both copies included) in which you claim I owe the sum of £xx.xx with regards to a Paypal account in my name.

Please take this as a formal warning that I do not take too kindly to un-solicited letters or phone calls from companies requesting money. A formal letter will be sent to you requesting that the phone calls cease. Your letter offers no evidence (nor does it offer to provide any) of any alleged debt/outstanding account. I require you furnish me with a signed agreement between Paypal and myself that outlines the account you mention.

If you cannot/will not supply this information, I will have to make a Data Protection Act 1998 Subject Access Request in order to find out how you obtained my details, and where this alleged “debt” came from. The Subject Access Request is a legal procedure which you, by law, have to follow. I fully intend to carry out this procedure if I find the documentation you supply (at my informal request) fails to address my concerns.

At this time - as there is no documentation to support this claim - I am unable to assist with this matter. Please ensure that any future correspondence includes all the relevant documentation – Failure to provide this will result in me having to take legal action as I consider your efforts at money extortion to be tantamount to harassment. Please also be advised that calls to my telephone number (on record) may be recorded.

Due to your lack of signed documentation between myself and the original creditor, you may formally consider this “debt” in dispute – and as such, you are not permitted to attempt collection of this money without first referring back to the original creditor. If I do not hear from you within 7 days, I shall consider this matter closed and no further correspondence will be entered into.

Yours faithfully

****** *******
RE: Alleged outstanding Paypal account
Reference: **************

To Whom It May Concern:

This letter is a formal instruction to cease any phone calls to the telephone number you hold on record. All communication from your company and any affiliate of your company are to be in writing.

When I first spoke to one of your employees my instruction stated quite clearly, that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

If your telephone calls continue, you are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities.

Take further note that continued telephone calls after the receipt of a request not to call, may constitute a criminal offence under Section 127 of the Communications Act 2003.

I trust that I have made myself understood on this matter.



Yours faithfully
 
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Were they actually court appointed baliffs or just some debt collection agency? If it was the latter then the following 2 letters should put them in their place. Remember a debt only exists if the DCA can supply a signed copy of a credit agreement between you and paypal. As no such agreement exists no debt exists. So they can rant all they like but the can do nothing. The second letter should put an immediate stop to the phone calls. Obvioulsy you will need to amend the letters slightly to reflect your personal circumstances. Oh, and DCAs are renowned for saying they are coming round to collect your possessions. It is a bluff. Only court appointed baliffs can do that. Typically they leave a card saying a "Mr Brown" called and will be back to attempt removal of your goods. He's a made up person basically. They are just trying to scare/harass you into paying.

RE: Alleged outstanding Paypal account
Reference: **************



To Whom It May Concern:

I am writing in response to your letters (both copies included) in which you claim I owe the sum of £xx.xx with regards to a Paypal account in my name.

Please take this as a formal warning that I do not take too kindly to un-solicited letters or phone calls from companies requesting money. A formal letter will be sent to you requesting that the phone calls cease. Your letter offers no evidence (nor does it offer to provide any) of any alleged debt/outstanding account. I require you furnish me with a signed agreement between Paypal and myself that outlines the account you mention.

If you cannot/will not supply this information, I will have to make a Data Protection Act 1998 Subject Access Request in order to find out how you obtained my details, and where this alleged “debt” came from. The Subject Access Request is a legal procedure which you, by law, have to follow. I fully intend to carry out this procedure if I find the documentation you supply (at my informal request) fails to address my concerns.

At this time - as there is no documentation to support this claim - I am unable to assist with this matter. Please ensure that any future correspondence includes all the relevant documentation – Failure to provide this will result in me having to take legal action as I consider your efforts at money extortion to be tantamount to harassment. Please also be advised that calls to my telephone number (on record) may be recorded.

Due to your lack of signed documentation between myself and the original creditor, you may formally consider this “debt” in dispute – and as such, you are not permitted to attempt collection of this money without first referring back to the original creditor. If I do not hear from you within 7 days, I shall consider this matter closed and no further correspondence will be entered into.

Yours faithfully

****** *******
RE: Alleged outstanding Paypal account
Reference: **************

To Whom It May Concern:

This letter is a formal instruction to cease any phone calls to the telephone number you hold on record. All communication from your company and any affiliate of your company are to be in writing.

When I first spoke to one of your employees my instruction stated quite clearly, that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

If your telephone calls continue, you are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities.

Take further note that continued telephone calls after the receipt of a request not to call, may constitute a criminal offence under Section 127 of the Communications Act 2003.

I trust that I have made myself understood on this matter.



Yours faithfully


Hmmm eBay are an multi billion pound company. Do you not think that eBay have access to the best legal team/compliance etc who know a lot more than you do.

Pay it and send them a letter, and visit your citizen advise bureau. :) but in the interim pay the £25. Watching Baliffs on TV is enough to know you cannot win over them
 
Hmmm eBay are an multi billion pound company. Do you not think that eBay have access to the best legal team/compliance etc who know a lot more than you do.

Pay it and send them a letter, and visit your citizen advise bureau. but in the interim pay the £25. Watching Baliffs on TV is enough to know you cannot win over them.

Wrong, defeatist, and wrong.
 
Hmmm eBay are an multi billion pound company. Do you not think that eBay have access to the best legal team/compliance etc who know a lot more than you do.

Pay it and send them a letter, and visit your citizen advise bureau. :) but in the interim pay the £25. Watching Baliffs on TV is enough to know you cannot win over them

Ebay do not use their legal teams to chase after debts. They sell the debt to debt collection agencies who are paid from the amount recovered.

Debt collection agencies have no powers and rely on ignorance and intimidation to recover money allegedly owed.

A debt collection agency would not take you to court over such a small sum as the potential costs outweigh the amount that can likely be recoverable. Also, they must be able to prove to the court a debt exists, which they cannot do.

If they cannot recover any money they eventually pass the debt back to paypal/ebay as non-recoverable. In time paypal may offer that debt to another debt recovery agency but eventually they too will give up as it is irrecoverable without court action.

You owe paypal nothing, so why let them badger you into paying something you don't owe?
 
Paypal are a joke, they pretend to be some sort of bank while avoiding like the plage any of the regulator oversight being a bank would require.

They want you to think they're a bank, while in reality they have no more right to demand money from you than Tesco do.
 
Watching Baliffs on TV is enough to know you cannot win over them

They are for court appointed bailiffs, council tax and fines etc not stuff like ebay

They can send all the "pre court" documentation they like but they have very very little power.

Don't pay the money... I was in the same situation, went abroad and forgot ebay, paid them direct and had bailiffs chasing me for the money too... told them to go whistle.
 
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