Kentish Gazette Canterbury & District
Film fines come back to haunt video customers
Ghost fan among hundreds asked to pay back old fees
A video shop boss from Canterbury has threatened film fans with debt collectors over unpaid fines on films returned late almost 20 years ago.
Hundreds of letters have been sent out to ex-customers of Beltinge Video demanding money, with the shop owed close to £30,000 when it shut in November.
Former owner Giles Hando admits some of the fines date back to the late 1990s, with about 900 people asked to pay up.
But the 43-year-old, who lives in Sweechgate, Broad Oak, has come under fire for the heavyhanded action.
In the letter, he tells customers it is their “final opportunity” to pay the fines before they are passed to a debt collection agency at the end of this month.
He then warns: “You should be aware that it is common practice for debt collection agencies to add their own fees onto the original debt in addition to charging interest.
“They are also well-versed in recovering legal fees and court costs if things reach that stage.
“Your credit score is also at risk if your debt is passed onto an agency.”
Customers are only given the option to transfer the money into a bank account, with no contact name, phone number or address provided.
Martin Barnard, of Magnolia Rise, Broomfield, has been told he owes £41 for three films rented in 2010 – About a Boy, Extreme Measures and The Search for Santa Paws.
“At first I thought the letter was a scam because it has no contact number or address,” he said.
“I called the police and they told us not to pay it and to register it with Action Fraud, which we did. Now I know it’s genuine I’m a bit taken aback.
“I don’t want to keep money from the man, but we can’t recall even renting these films.
“It’s ridiculous that he’s waited this long to send these letters out.
“Why not do it at the time or at least when he was still open?”
Jenna Meek, 28, of Spenser Road, Herne Bay, owes £14 after returning Oscar-winning hit Ghost four days late in 2005.
“Threatening people with debt collectors after 12 years, without any prior warning, is a little too much,” she said.
“I can see how they might have lost money on the latest blockbusters being returned late, but I can’t imagine people were queuing up outside the door for another chance to see Demi Moore and Patrick Swayze.”
When the shop closed, Mr Hando told the Gazette he was owed £29,038 in unpaid fines, with 228 films never returned.
Approached for a comment, he said: “I waited until after closing because I wanted to give people the opportunity to come into the shop and pay what they owed.
“When people sign up they know they’re liable to pay a fine on films returned late, and many people have been in breach of that.
“Bear in mind it’s mostly the popular films. If people kept them for a week I lost £3 a night for seven days, and customers who may have reserved the film have been hugely inconvenienced.
“It made things awkward with good customers and was a headache for me. They never thought about the effects on other people.”
Mr Hando hand-delivered the letters to save on stamps, and still has hundreds more to post.
One customer is thought to have racked up a £333 debt, although Mr Hando says those owing substantial amounts have been offered discounted settlements.
He also says letters have been sent to those who never returned DVDS.
“Not ever bringing them back is effectively theft, and therefore a police matter, but we’re not going down that route,” he said.
Mr Hando, who runs his own property investment firm, confirmed debts will be passed onto a collection agency if not cleared by February 28.
“That’s what I’m looking at, but it’s a last resort” he said.
“What I’d like to have done is sent out letters saying ‘you returned these films late, you owe this much money, please can you pay’. But everyone would have just ignored it.
“Then I would have had to send a second letter out like the ones I have delivered.
“I had no option – I had to go straight into it. People have had ample opportunity to pay up. I don’t want to pass anything onto debt collectors, but no one’s going to do the right thing without some prompting.”
He added: “I’d just like to say thank you to all our customers who did return their DVDS on time.”
Mr Hando says without the fines being paid he will have to dip into his own savings to cover the costs of officially winding down the business.
Those with queries should email beltingevideo@outlook. com
What do you think? Email kentishgazette@thekmgroup. co. uk or write to Gazette House, 5-8 Boorman Way, Wraik Hill, Whitstable, CT5 3SE. Matthew Halton, pictured, a commercial solicitor at Stephensons law firm, says most debts become unenforceable in court after six years.
“When it comes to old debt the law only gives a creditor a limited amount of time during which action to recover the debt can be taken,” he said.
“In most debt cases for simple contractual debt this is six years from the date on which the cause of action accrued, but there are exceptions.
“After this period the debt becomes statute barred, which means it cannot be enforced in court.
“However, the debt still exists, it hasn’t been written off. It can get sold on and you may receive letters about it. Also, if the debtor has acknowledged the debt or made a part payment the six years would then run from the acknowledgment or part payment.”