Are you still being pestered?

[ForumFriend]

Because I am, and I'm sure others are, doubtful that this is the end of the story, perhaps people could let us know if they

(1) are still receiving communications from Platte
(2) have heard from Oriel in the last few days

or, and perhaps even more significantly

(3) have started to get the Platte pop ups on their systems in March.

If you don't want to post the information here, please drop me a private message.

Thanks

[SwampyUK]

Hi FF

Any chance in giving be a bell.....
Im ere till 7pm

Steve

PS About Oriel, just been on the to Oriel

 

[dg]

I think now is the time to get real with the legal position on debt. If you knowingly entered into an agreement with platte, then you will still be liable to pay them and they will be entitled to pursue you through the courts for any outstanding debt. However, it is highly unlikely that they are able to add on charges unless and until such time as a court awards them expenses

If you did not enter into an agreement with them (that is, someone else using your computer did) then there is no agreement and no debt. Most of us knew that already but the Secretary for Trade has just confirmed that trying to chase the "computer owner" breaks the undertakings Platte gave to OFT. So, if you are in this situation, you DO NOT OWE anything. The correct course of action to take if you are in this position and are contacted by Oriel is to write to them politely but firmly stating that you have not entered into any agreement with Platte, that their claim for payment is in dispute, and that you will not enter into any further correspondence with Oriel. Also add that you will consider any further contact from Oriel to be harassment and you will make a formal complaint to FSA about their fitness to hold a consumer credit licence if they contact you again whilst the account is still in dispute. Remember to send the letter by recorded delivery and that should stop Oriel from pestering you

[matt_d]

How does a dissolved company continue to pursue people it thinks owes them money? Maybe they're trying to raise funds for the VAT bill that's likely to be arriving soon?

[dg]

Matt

The said they were ceasing operations in the UK. That is not the same as being dissolved and it does not mean they cannot continue to chase debts they think are due to them

[matt_d]

"I think now is the time to get real with the legal position on debt."

We've been saying this all along, I don't get what's changed except that it's highly unlikely that any part of Platte will pursue those it believes owe it money, given that the UK-based operation has now been wound up (sorry for using the word 'dissolved', I didn't realise someone was going to get pedantic about it).

The issue has never been about people who knowingly entered into an agreement, but about those who either didn't agree to the thing, agreed but weren't able to cancel within the three day period, or for whom someone else used their computer without their knowledge/permission and Platte then tried to charge "the computer owner".

[dg]

But there is a difference now the Minister has publicly reinforced that to pursue the computer owner merely BECAUSE they are the computer owner breaches the undertaking given by Platte to OFT. Whilst WE knew this, Trading Standards gave the impression that re-inforced the view the debt was due and that has led many people to effectively plead with Oriel or Platte to stop pursuing them

The situation is now quite clear. The debt does not exist and even Oriel now know that. Another situation that is quite clear is that to stop the pestering you have to take the same action you would take in any situation of this kind, which is not to trust Oriel to be reasonable but rather to bring the full force of consumer law down upon them. That means 1) stating there is a dispute and 2) taking action by complaint against Oriel if they continue to harass. It is illegal for Oriel to pursue you for ANY debt until the dispute with their client is resolved and they certainly cannot take you to court. This is standard consumer law and is what I mean by getting real with them. Letter writing campaigns are well and good but the time for that is probably over now, what is needed now is a mopping up operation that puts a final stop to anyone being pursued unjustly

[ForumFriend]

Letter writing campaigns are well and good but the time for that is probably over now, what is needed now is a mopping up operation that puts a final stop to anyone being pursued unjustly

I don't think you need doubt, dg, that this issue is being addressed in a number of different ways.  We've been urging all along that people who receive letters from Oriel should inform that company of their dispute with Platte, and as it would appear that these letters are still being issued, our advice remains the same.  However, it would appear that Oriel have only just been made aware that Platte have wound up their business in the UK, and the exchange in Parliament took place a mere four days ago.  As a reputable company, it is hoped that they will take this all on board and react accordingly.  However, should they continue to try to pursue these debts, I am confident that we can bring pressure upon them through adverse publicity (and I'm already looking into that matter) to rethink their policy.

While Oriel have been acting on behalf of Platte, they are not related to Platte, and we should not tar them with the same brush as Platte at this stage.

[matt_d]

On a separate note, it may be worth noting that I have had it confirmed that Birkett Long Solicitors still acts for the British Virgin Islands-based Platte International, therefore it could still be possible for individuals to be pursued in relation to publishing removal methods for Platte's software, though this seems unlikely based on reading between the lines of the email I received.

[ForumFriend]

It'll be interesting to see what happens next on that front.  Thanks for the info, matt.

[brummielad]

dear forum friend      i have today come home from a day out i am a disabled member and have come home to another letter from platte international from there so called legal department dated the 4/3/09 demanding payment or my debt will be passed to oriel this is causing me great distress as i owe nothing trading standards have told me it is a scam and i shall ring them again tomorrow as they have asked me to let them know if i hear again from them best wishes brummielad

[buttle]

HI EVERYONE, STILL HAD NO REPLY FROM MY RECORDED LETTER TO ( ORIEL) 15 DAYS GONE NOW, WILL LET YOU KNOW IF I DO. BYE.

[ForumFriend]

brummielad:  You (and others who are being pestered for payment) may want to get in touch with Michael Pollitt about this.  If you look here (scroll down to this heading: 2009 - CURRENT PLATTE ISSUES - PLEASE REVIEW THIS INFORMATION CAREFULLY) you will see that Michael is interested in hearing from people in your position.  I would encourage you to either post on his blog or to drop him an email in the manner he suggests.

Do you feel Platte are harrassing you?  I would be interested to hear from you and others about this. 

[mini ha ha]

i cant believe we are still getting post off them ,after they have closed down. IF i was to pay them my 7 days would be up on the 10/3/09. they  are still giving same po box and their payment line.it as taken them  almost 10 months to say they will passing me to oriel, maybe they are off loading us all to them now they are not trading here. we will have to wait and see what oriel are going to do.they may even pass the lot on to another debt collection agency.

[ForumFriend]

Remember, you are in dispute with Platte.  Tell any debt collector that tries to pursue you that this is the case.