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UK Getty Images Letter Forum / The Atradius Letter - various thoughts
« on: December 31, 2012, 02:22:24 PM »
Hi all,
Hadn't heard from Getty for 20 months, thought they'd gone away, and then the Atradius letter arrived to brighten my Xmas. Several points occurred to me about it.
The letter mentions a case number which I have not seen before. It contains no cross-reference at all to the Getty invoice number nor to any references given in previous Getty letters. Admittedly it was sent to the same address, and for the same amount, but I don't see why I should be expected to assume anything; if they are demanding money they should be specific about it.
It strikes me, therefore, that a reasonable initial tactic would be to reply saying simply that I do not know of any such case number and so cannot take the matter further.
Secondly, Atradius is by their own admission not a principal in this affair. They say 'we have been advised by our client' and 'our clients have provided you with a settlement demand' and 'if you do not respond we will have little alternative but to advise our clients to escalate this issue through a law firm'. So all they are doing is providing a service to Getty Images.
But despite this, they 'demand payment' 'into our (ie Atradius's) bank account'. I do not understand on what authority Atradius can demand payment for a debt payable to Getty Images. And surely it would be foolish for anyone to pay any money to Atradius without having in their hands a legally binding letter from Getty Images to them assigning the debt to Atradius, or authorising Atradius to collect their debts? Such authority surely must come from Getty Images rather than being on Atradius's say-so. Otherwise people could find that they had made a completely unnecessary payment to Atradius which did nothing to reduce their debt (if any) to Getty Images.
Incidentally Atradius dated its letter 21st Dec and asked for payment within 5 days. There is only one working day between the 21st and 26th Dec and that doesn't even allow time for the letter to arrive. I think an OFT referral is called for.
Any thoughts welcome!
Hadn't heard from Getty for 20 months, thought they'd gone away, and then the Atradius letter arrived to brighten my Xmas. Several points occurred to me about it.
The letter mentions a case number which I have not seen before. It contains no cross-reference at all to the Getty invoice number nor to any references given in previous Getty letters. Admittedly it was sent to the same address, and for the same amount, but I don't see why I should be expected to assume anything; if they are demanding money they should be specific about it.
It strikes me, therefore, that a reasonable initial tactic would be to reply saying simply that I do not know of any such case number and so cannot take the matter further.
Secondly, Atradius is by their own admission not a principal in this affair. They say 'we have been advised by our client' and 'our clients have provided you with a settlement demand' and 'if you do not respond we will have little alternative but to advise our clients to escalate this issue through a law firm'. So all they are doing is providing a service to Getty Images.
But despite this, they 'demand payment' 'into our (ie Atradius's) bank account'. I do not understand on what authority Atradius can demand payment for a debt payable to Getty Images. And surely it would be foolish for anyone to pay any money to Atradius without having in their hands a legally binding letter from Getty Images to them assigning the debt to Atradius, or authorising Atradius to collect their debts? Such authority surely must come from Getty Images rather than being on Atradius's say-so. Otherwise people could find that they had made a completely unnecessary payment to Atradius which did nothing to reduce their debt (if any) to Getty Images.
Incidentally Atradius dated its letter 21st Dec and asked for payment within 5 days. There is only one working day between the 21st and 26th Dec and that doesn't even allow time for the letter to arrive. I think an OFT referral is called for.
Any thoughts welcome!