Encountering the phrase “Shoosmiths Debt Recovery” in a letter can instantly raise one’s stress levels. This article demystifies the process, examining whether payment to Shoosmiths is an absolute must and how to handle their approaches strategically.
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Who Are Shoosmiths Debt Recovery?
Shoosmiths stands out in the UK as a debt recovery service adept at persuading debtors to settle their dues. They’re not your run-of-the-mill company but a team that businesses trust to recover unpaid debts. Apart from this, they also provide international arbitration, litigation, and dispute resolution.
Why is Shoosmiths debt recovery knocking at your door, though? It could be that they’ve taken over a debt you’ve forgotten or neglected. But what gives them this authority? As we peel back the layers, we’ll discover the role they might play in your financial journey.
Why Are Shoosmiths Debt Collection Contacting Me?
There are 3 main reasons why Shoosmiths Debt Collection might be contacting you:
2. Your creditor has sold your debt to Shoosmith: If a debtor does not make payments, a creditor might do whatever it takes to recover the debt. But if the creditor fails even after multiple attempts, they may decide that the debt is not worth chasing.
So, in this case, they may decide to sell the debt to a debt collection company like Shoosmiths Debt Recovery in order to reduce their losses. And the company will purchase the debt for a fraction of what it’s worth. They will then chase the debtor themselves in order to recover the debt.
Also, in a case where they are not sure where the debtor lives, they might send multiple letters to different addresses where they assume the debtor is living, hoping it will fall into the hands of the person they’re looking for.
They might even send letters to different individuals that have the same name. So, if you receive a debt collection letter but you don’t recognise the debt, there is a chance that they’ve mistaken you for someone else.
Shoosmith Claims That I Owe A Debt. What Should I Do?
If Shoosmiths reaches out to you and states that you owe a debt, make sure to:
Don’t rush to pay. It’s crucial to ensure the debt is truly yours. Errors happen, and you might be targeted mistakenly. So, if you make payments without verifying if the debt is yours, there is a chance that you might be paying off someone else’s debt. This is why it’s important that you confirm if the debt is yours.
If you want to verify that the debt is yours, send a ‘Prove the Debt’ letter to them. They should reply to you with the original credit agreement. But if they fail to provide proof, you don’t have to pay. If they take you to court over this, inform the judge that you requested proof and they failed to provide it. The judge will then:
Note that debt collection companies don’t have the right to force you to pay if they cannot provide you proof when you request it. If they continue to call you and threaten you to make the payments, you can report them, as it is a form of harassment.
Debts can age out. In the UK, if it’s been 6 years or 5 in Scotland, without payment or contact, the debt might not be enforceable. In order for a debt to be statute barred, it should meet the following criteria:
- You have not made any payments in the last six years (Five years in Scotland).
- You have not admitted to owing the debt in the last six years (Five years in Scotland).
- You have not received a County Court Judegement (CCJ) for it.
If your debt is statute barred, you’re not obligated to clear the debt. But this does not mean that you are debt-free. It just means that the court will not get involved if your debt is statute-barred and you decide not to pay.
Note that not all debt can become statute barred. Some debts that cannot be statute barred include:
- HMRC debts
- Debts that have received a County Court Judgement (CCJ) within the last six years
If you’re unsure if your debt is statute barred, feel free to reach out to a debt charity and they will help you out.
Shoosmiths Proved That I Owe The Debt. What Should I Do?
If Shoosmiths prove that you owe the debt, it’s best to make the payment. But if you’re struggling financially and you’re unable to pay the debt, make sure to communicate it to them and request a repayment plan. If approved, they will provide a repayment plan with affordable monthly instalments.
Note that you don’t have to agree to anything that you can’t afford. Accept the payment plan only if you’re sure you can afford to pay the instalments. If you agree to it and you fail to make payments on time, note that they might take action against you.
Also, keep in mind that ignoring debt collection companies is not a wise decision. If you’re unable to pay, communicating it to them is crucial. Ignoring them will only worsen your situation and lead to court issues such as CCJ’s.
Why Are Shoosmiths Debt Collection Trying to Ruin My Life?
Feeling like Shoosmiths Debt Recovery is after more than just your money? It may seem they’re turning your life upside down, but let’s pause and look at the facts:
- Pressure Tactics: Shoosmiths’ persistent chasing is about business, not personal vendetta. Yet, their pressure can feel overwhelming.
- Emotional Impact: Their tactics can be distressing, leading to sleepless nights and dread at every doorbell.
- Bullying: They’re allowed to ask for payment, but they cannot harass you. That’s crossing the line.
Some debt collectors use unfair tactics to get you to pay because if they don’t recover the money from you, they make a loss. So, they would do whatever it takes to get you to pay. But note that you don’t have to tolerate such behaviour. If they harass, bully, or mistreat you, feel free to report them.
Rules, Regulations, and Shoosmiths
Shoosmiths, along with all debt collectors in the UK, are bound by strict regulations designed to protect consumers. From fair treatment to clear communication, let’s delve into the rules that Shoosmith has to play by and what you can do if they breach them.
Many debt-collection companies use illegal tactics to force debtors to pay. Most debtors tolerate such behaviour as they do not know it is against the guidelines of the Financial Conduct Authority (FCA). According to the guidelines, any debt collection company should:
- Fair treatment: debt collection companies should treat debtors fairly and avoid using any unfair tactics on them, such as bullying or harassment.
- Clear information: debt collection companies should provide debtors with clear information in a way that they will not get confused. They should also avoid using technical jargon to confuse debtors and intimidate them into paying.
- Show consideration: debt collection companies should be considerate towards debtors and try to understand their situation.
- Consider the circumstance: Debt collection companies should consider the circumstances of the debtor before they take any action.
If Shoosmith breaks any of the guidelines, you have the right to report them to the Financial Ombudsman Service (FOS).
How Does Shoomiths Work? And What Tactics Do They Use?
Defending against Shoosmiths can feel like a battle. To stand your ground, here’s what you should keep in mind:
Shoosmiths debt recovery agents might get bonuses for collected debts. Because of this, they will do whatever it takes to get you to pay. This is why you rarely see a debt collection agent giving up. Some of them even use unfair tactics such as bullying and harassment to get debtors to pay.
But note that you don’t have to tolerate behaviour like this. They are obligated to follow certain guidelines and cannot mistreat you. If they break any of the guidelines, you have the right to report them.
If you’re receiving non-stop calls, it is likely that Shoosmiths is using technology to nudge you. The best way to identify if they are using automated calls is if you receive calls at a rate, but when you pick up the phone, the line is silent, or it may be an automated voice. The call will later be transferred to one of their agents.
Automated calls are a tactic that debt collection companies use to pressure debtors to pay the debt. Even though they use such tactics, note that it is against the guidelines. So, if you find out that they are using automated technology, make sure to note down the times they call and report them.
Ever noticed how a friendly chat with Shoosmiths can suddenly turn chilly? It’s a tactic. When you first speak to them, they may seem friendly, but the moment they notice that you’re not able to pay, they might become unfriendly and aggressive.
Note that behaviour like this is not acceptable. They are using this tactic in order to intimidate and pressure you into paying. Most debtors don’t know this is against the rules and decide to pay the money even when it would affect their ability to afford essentials.
Even if they use such tactics, don’t pay if it would worsen your situation. You should request them for a payment plan or consider other options in this case. But if they don’t cooperate and you feel threatened, you have the right to report them.
They shouldn’t be sharing details of your debt with anyone else. If they do, that’s not just unprofessional. It’s illegal. It breaches privacy laws, and you can file a complaint against them.
Some agents might stretch the truth, even claiming to be bailiffs. This is where you draw the line and seek help. There’s a clear difference between debt collection companies and bailiffs. Unlike bailiffs, debt collection companies don’t have the right to seize your assets. If they claim they can do this, it is a lie.
Some debt collection agents might even pretend that they’re calling from court. In a situation like this, it is crucial that you know your rights and identify their potential lies.
How Do I Make A Complaint Against Shoosmiths?
If you want to make a complaint against Shoosmiths, there is a procedure that you should follow. If you find that they broke any of the guidelines or mistreated you in any way, first directly report it to Shoosmiths Debt Recovery Company.
But if they fail to look into your issue or don’t provide you with a response, you can escalate the issue. In this case, you can reach out to the Financial Ombudsman Service (FOS). Note that having proof in hand of them breaching guidelines will be very beneficial during this process. It will fasten action and reduce the investigation time.
If the FOS finds out that they are guilty, they will take action against Shoosmiths. Some actions they might take include:
- Ask them to pay a fine
- Ask them to pay you compensation
- Revoke their license
Can Shoosmiths Take Me To Court?
Yes. If you ignore Shoosmiths and refuse to cooperate, they can take you to court and file for a County Court Judgement (CCJ) against you. But note that taking you to court is an expensive process. So, most debt collection companies prefer to settle the matter without getting the court involved. Thus, they will leave court action as a last resort.
So, before they make that decision, they will send you multiple emails and letters requesting you to pay. Some of them might even have legal threats.
Also, note that before they go to court against you, they will send you a ‘Letter Before Action (LBA).’ This is a final warning letter that requests you to pay the debt. It will also state that if you refuse to pay, they will be moving forward with legal action.
If you decide to ignore the LBA, they might go to court against you. So it’s crucial that you always communicate with them and avoid ignoring them. Inform them of your situation, and if you’re struggling to pay, request a repayment plan or take up another option. But ignoring debt collection companies will only make your situation worse.
Can I Get a Debt Solution to Write Off My Debts?
Yes, if you’re struggling to make payments, you can consider getting your debts written off with a debt solution. There are multiple debt solutions available in the UK. But note that while the right debt solution will help you to write off your debts, the wrong one will be expensive and worsen your situation.
So, we recommend that you chat with a debt charity. They offer free advice and can guide you toward the best debt solution. Alternatively, feel free to fill out our online form, and our MoneyAdvisor Team will guide you.
- Debt Management Plan (DMP): This informal agreement doesn’t write off debts but reorganises them into manageable payments.
- Individual Voluntary Arrangement (IVA): Here’s a formal setup where you pay monthly, and after 5 or 6 years, any remaining debt could be written off.
- Debt Relief Order (DRO): No assets? Little income? This might be your ticket to a debt-free. You don’t have to make any payments for 12 months, and your creditors freeze interest. If your situation does not improve within this period, you might be able to get your debt written off.
And for the most overwhelming debt solution:
- Bankruptcy: It’s a big step with a hefty stigma, but it might be your fresh start.
Staying Ahead of Debts
Shoosmiths isn’t the only firm in the debt collection arena. Your credit report might reveal others lurking in the background. This is why it’s crucial that you check your credit report. This will help you identify if you have defaulted on any of your debts or if your debts have been transferred/sold to a creditor.
So some debt collections to watch out for on your credit report include:
- PRA Group
- Cabot Financial
- Lowell
Shoosmiths Debt Recovery & Collection Contact Details
Should you need to reach out to Shoosmiths to dispute a debt or seek clarity, having their contact information at hand is vital. We’ll provide you with the necessary details to get in touch with Shoosmiths directly, empowering you to take control of the situation.
| Website: | https://www.shoosmiths.co.uk/ |
| Email: | GeneralEnquiries@Shoosmiths.co.uk |
| Switchboard: | +44 (0) 3700 863 000 |
Where Can I Get Free Advice?
You don’t have to face Shoosmiths alone. There are several UK charities and organisations that offer free, impartial advice on debt management. Whether you need guidance on how to respond to Shoosmiths debt recovery or explore debt solutions, help is available, and we’ll tell you where to find it:
- National Debtline
- Debt Advice Foundation
- StepChange
- Citizens Advice
Key Points
- Recognised in the UK, Shoosmiths is a debt recovery firm that purchases debts at reduced prices, aiming to collect debts in full from individuals.
- It’s a legal possibility for many in the UK to write off portions of their debt, potentially easing financial burdens.
- Upon contact from Shoosmiths, if the debt is unfamiliar, it’s crucial to request concrete evidence and original credit agreements before making any payments.
- Shoosmiths, like all debt collectors, are required to adhere to the Office for Fair Trading guidelines, ensuring fair treatment and transparency for debtors.
- The firm might employ automated calling systems or alter communication tactics if payments aren’t met. Documenting such calls is essential, as guideline breaches can be reported.
- Solutions such as Individual Voluntary Arrangements (IVAs) exist to help settle debts, but they come with considerations regarding their impact on future credit opportunities.
Frequently Asked Questions About Shoosmiths Debt Recovery
Who Owns Shoosmiths LLP?
Shoosmiths LLP stands as a self-contained limited liability partnership. It operates independently and isn’t owned by another entity.
Does HMRC Employ Shoosmiths LLP for Debt Collection?
Currently, Shoosmiths LLP is not listed as a debt collection agency for HMRC on its official website.
Does Shoosmiths LLP Purchase Debts?
No, Shoosmiths does not purchase debts. Instead, it acts on behalf of its clients to collect debts owed to them.
Can Shoosmiths LLP Take You to Court?
Yes, Shoosmiths can initiate court proceedings to claim outstanding debts, leading to a County Court Judgement (CCJ) if successful.
Is Shoosmiths LLP Authorised to Issue a Warrant?
Shoosmiths cannot issue a warrant. Their power is limited to requesting a CCJ, after which bailiffs could be sent to recover the debt value.
Can Shoosmiths LLP Legally Visit Your Home?
While Shoosmiths can send representatives to your residence, they have no legal right of entry. You can ask them to leave unless they are accompanied by court-appointed bailiffs following a CCJ.
