Can debt collectors be called in for £5?
Quick overview here: the debt collection part isn't actively happening yet, but it's something I have to consider. I'm not sure if this is the right place, so apologies if it's not an appropriate post.
Without naming any names, recently my partner got cold-called by a saleswoman who offered a free trial for a simple product. The fact that this was a free trial was repeated several times, and the woman took no bank details. Today, I received two texts from the company demanding I set up a direct debit, and telling me that no products are free. I looked up the company online because I got some bad vibes, and found dozens upon dozens of people saying that they had the same thing happen: cold-called by the company, told it was a free trial, but then found out that they would be charged after calling to cancel, or via a text sent shortly after delivery. Many of these people continued to receive the product even after cancelling, along with agressive texts and phone calls demaning that they pay up, or their debt would be forwarded to a collection agency. The thing is, these people's "debts" range from about £5-£12.
I phoned up earlier today and cancelled, and the guy on the phone seemed concerned enough that he put in a complaint and said he'd cancelled my account and send a confirmation email. My account as of now is still active, and the confirmation email has not arrived. My questions are:
- Is it even possible to forward such a small debt to a collection agency?
- If they continue to deliver despite my cancellation, what can I do? I doubt I'll get that email as proof I cancelled when I did, and according to reviews this company has a habit of outright lying about orders (including harassing some people who have never even heard of them).
- Can I demand that they delete our data under any kind of data protection law?
- Some reviewers are saying that the company claimed they consented to pay by giving their details, or even by taking a leaflet handed to them. Is this even remotely true?
Thanks in advance, and apologies again if this is in the wrong place. Also, in case it matters, my partner and I are in Scotland.
EDIT: Can't believe I forgot to mention this, but we have received absolutely nothing from this company, and cancelled a full week before our first delivery was due.
Posted Apr 26, 2022, 4:40 PM UTC · edited
Debt collection is effectively just calling people and asking them to pay. There's no legal enforcement involved in that.
I'd speak to your local trading standards team. They'll likely be interested in the fact that a company are using 'free trials' and trying to charge for it.
I'm not too worried about if the debt collection happens, because the situation is ridiculous and I'm sure everyone would be able to see it. I'm interested in knowing if a debt collection agency would even take on a debt so small in the first place, so if this company do try to threaten me with collection on the phone, I can immediately tell them I know this isn't possible and hopefully put them off continuing to harass me.
I will absolutely be looking into reporting this to trading standards, though. They've been telling the same lies for at least a year, according to the reviews I've seen.
A debt collection company isn't limited to the value they can take on. A lot of 'collection' is, however, just another team in the same company, rather than external.
It's highly unlikely that they'd try any formal legal action though.
Ah, right, thanks! It would make sense if it was likely a different department rather than them selling the debt to an outside company, because the amounts are so ridiculously low.
I also sincerely doubt they'll take any formal action. It seems to me it's just another tactic they're using to intimidate people, which is something they apparently make a habit of.