Wednesday, 21 January 2009
I asked these idiots 2 to 3 months ago to provide their proof [details of the transaction etc etc] that i owed this money to Paypal.
Since they should [but in their own words they dont have] have all of the details regarding any debt that they are attempting to recover and should serve it to the debtor BEFORE debt recovery procedures commence therefore allowing adequate time to dispute it or pay up.
This is standard legal practice.
If they had done this then I WOULDNT HAVE GOT this stupid bullshit letter that tells me nothing and also means that they have not done what i asked them to do and which they agreed they would do.
They said that they would request and forward the info from Paypal.
"We have referred the matter to our clients and they have agreed that the outstanding balance is 145.08"
Well i knew that already 9 weeks ago or whenever which is WHY i asked them to provide the details FFS.
"If you still maintain.." Of course i fucking still maintain.Why shouldnt i ? nothing has changed.
In legal terms creditors are legally obliged to provide the evidence that the debt they are attempting to recover exists and is correct and then serve it.
It is incorrect and illegal to request that i produce documentary evidence to support my claim.I cant produce evidence to prove that i didnt make that transaction because if something never existed then i cant prove it did.All i have is a paypal [in credit and active] account and ebay account.I am not making the claim.They are and they have to defend that claim with evidence.You cant file a claim without having and providing evidence and details.
"Documentary" evidence is a paypal/bank account with no record of the transaction .
I am just querying a [false] claim as i cant fight a claim unless i see the evidence or proof that supports their claim.
When i see the evidence of how the debt arose and from where and for what and from when i will either pay it off [if it exists] or file a counterclaim to their claim as i am disputing it but i want to know exactly what i am disputing against.
They are saying that if i cant produce "Documentary" evidence to support my claim then tough shit.
Extortion = Illegal.
All of a sudden i have to disprove a negative.
If they worked within the law this wouldnt be happening.
They will have to provide details or i wont pay and i dont have to unless they do so.Since they are Paypal and insist that the money is owed and they should have the details then whats the problem ?
I require all of the relevant details/"documentary" evidence AGAIN this time within 14 days .
Alternativly i could do it their way and send a letter that says "I have referred the matter to myself and i have agreed with myself on behalf of myself that the outstanding balance is 000.00 GBP".
I have no interest in making calls on profit sharing - rip off - extended call 0870 numbers either when an email will suffice which will be sent via their sales/marketing depts who will then forward it to where it needs to go.I cant reference anyone within the company who sent the letter as they havent left a name.
These are my proposals.
This will all prevent further recovery action taking place.
If they still wont do this i will fire off a cease and desist letter from a lawyer and deny them implied right of entry and then if they want to make a case of it they will have to get a warrant and go through the courts and file a claim like everyone would have to .
Laws have been relaxed recently regarding bailiffs etc so but they can still be stopped if you know the law as they rely on your ignorance to get away with it to a large extent.
Theres pages and pages of stuff all about these Cowboys online but they are mostly full of shit as this letter shows as an example.They employ thugs to collect and intimidate but i have a feeling that this is the wrong sort of door they should be knocking on.
They have ignored my request and turned it around and then thrown it back again so this is like going round in circles.
Posted by Peter Wolf at 14:37