Response from CA

by DogBalls Mon Jul 29, 2019 1:21 pm

I have received the below response to my second letter.
At least they figured out what I was asking for this time.
They also for some reason sent my own letter back to me as a pdf.

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Thank you for your correspondence. Moving forward, if you wish to discuss your SHIPPING COMPANY account, you can call and speak to one of our operators on NUMBER when calling from the UK.

We have been instructed to act on behalf of our Client, for the legitimate purpose of collecting monies due to them. The amount owed to our Client is not subject to assignment and are within their rights to pass your details to a third party to facilitate collection if it is believed you owe money for services provided.

We would prefer to resolve the matter with you amicably and the reason for us trying to contact you is to establish if you have a valid dispute to the claim being made against you. Should you wish to have no contact from us, then this will be recorded and may be produced as evidence of your refusal to co-operate should the matter proceed to Court.

Monies are owed to our Client in respect of services provided to you and there is a legitimate purpose for processing your data. Please refer to the guidance issued by the Information Commissioner's Office.

You have requested further information and documents in this matter and we will provide these to you within the next 7 days. Upon receipt of the information, we would encourage you to either pay the sum demanded, or alternatively, set out clearly your reasons for disputing the same. If you do neither, then we would recommend you take independent legal advice in this matter.

Please note that DCA does not accept your charges in connection with your debt owed to our client.

by **daveiron** Mon Jul 29, 2019 1:45 pm

Hi DogBalls, Please keep this matter in one thread .

My take on it is you had a contract with shipping company ,you have both met your obligations in respect of the contract, therefore the contract is completed.

However did they supply you with the terms and conditions showing you were responsible for customs charges when you entered into contract with them ?
If yes ,then you are liable for the charges. If no, then its their problem as they did not provide full disclosure & cannot add terms to the contract later.

by DogBalls Mon Jul 29, 2019 5:04 pm

It's a bit of a sticky one to untangle.
People don't really enter into formal contracts with shipping companies.
In general you select a shipping provider from a drop down menu when importing from other countries.
Once an order is placed then the shipping fees are then paid at that time. Not much of a contract at that point other than get it to my doorstep in one piece.

With that being said as there aren't any T&Cs to speak of then surely this would be subject to an assignment. Meaning the DCA is lying through its teeth.

by **daveiron** Mon Jul 29, 2019 5:33 pm

No an assignment is when rights to the debt are passed . In this case the debt collector is only acting as an agent.

wait to see what others think ,but my take on it is still the same ,eg. you paid them to ship ,they shipped .
I believe they should have informed you at the time of any possible charges,not added them later.

by **assassin** Tue Jul 30, 2019 2:39 am

This is illegal unless they stated them in their terms and conditions and if they didn't then they are liable for an unlawful contract under all world contractual conditions as laid down.

by DogBalls Thu Oct 17, 2019 5:38 pm

Not ready to call success on this one as yet however I sent a modified letter for dealing with agents to this company with some references to the GDPR and I haven't heard a peep from them since either via email or snail mail Smile

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