Debt management company not paid

Hi,
I have previously used a debt management company (Debtcom) and have recently found out that although I had made payments (which I can prove with bank statements) they had not been paying my debts with the money. What can I legally do to get this money back out of them please.
Thank you

Comments

  • DevCoder
    DevCoder Posts: 3,361 Forumite
    First Anniversary First Post Combo Breaker
    Youll probably find that the first X payments to them is taken by them as admin fees and not paid towards your creditors.

    you need to consult your contract with them to see if this is the case.

    National Debtline, CCCS and Payplan are free debt charities and dont charge you for advising or managing your debt.
  • r6joe
    r6joe Posts: 13 Forumite
    It was the last 9 payments to them that they did not pay any of my debts with. It would have been more if I didnt cancel the direct debit. It was one of the companies that took their fee monthly out of my payment every month.
  • DevCoder
    DevCoder Posts: 3,361 Forumite
    First Anniversary First Post Combo Breaker
    Have you asked them to explain?

    You need to follow their complaints procedure (in writing!) before you can go to the FOS.
  • r6joe
    r6joe Posts: 13 Forumite
    I havnt done anything yet I wanted to ask on here first what to do. I will contact them and let them know what I have found out. It was back in 2007 but a company who they were supposed to be paying have been in touch and said they hadnt received payments and I know I had been paying debtcom
  • fermi
    fermi Posts: 40,546 Forumite
    First Anniversary First Post Combo Breaker Intrepid Forum Explorer
    Debtcom LTD?
    Next Accounts Due: 31/01/2009 OVERDUE

    Consumer Credit Licence: Lapsed on 18/11/2011

    Not good. :(

    If they are still trading and accepting payments, then on the above they are probably doing it illegally.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • r6joe
    r6joe Posts: 13 Forumite
    Yes this is the company I have printed the companies house info out and they are still trading, the last entry was 15/05/2012 registered office changed address's.
    I had paid them up until 16/03/2009 but they have not paid any of my debts since 2007.
    I have drafted them a letter asking them to look into it and repay any monies owed to me.
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi r6joe, thank you for your query regarding Debtcom
    I would suggest you put in a complaint asking for a full refund plus interest for the period and if they do not give it to you or do not respond within 8 weeks you can make a complaint to the Financial Ombudsman Service. Sometimes Debt Management Companies will put parts of your payment on hold if they are waiting for further information such as an account number from you but they should explain this to you if that is the case. You should make sure you put the complaint in writing, keep a copy and send recorded delivery. You can find more information about making complaints and the Financial Ombudsman Service at www.adviceguide.org.uk. There are also Debt Management Companies who can help you to negotiate with your creditors without cost to you such as Payplan and StepChange (formally CCCS).
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • r6joe
    r6joe Posts: 13 Forumite
    I have drafted a letter will see if I get anywhere it looks as though they have done this to a lot of people :/
  • pooch
    pooch Posts: 828 Forumite
    edited 22 November 2012 at 6:42PM
    r6joe wrote: »
    Yes this is the company I have printed the companies house info out and they are still trading, the last entry was 15/05/2012 registered office changed address's.
    I had paid them up until 16/03/2009 but they have not paid any of my debts since 2007.
    I have drafted them a letter asking them to look into it and repay any monies owed to me.

    You are correct, the last official entry was a change of registered address. This often occurs when there is a proposal to strike off a company in place. I think it can, for example, be where the registered company address is moved to say that of an accountant (perhaps appointed by a liquidator?)

    I see the previous entry was May 2012 where a director was removed
    (quite a few others have gone before then!)
    Worryingly, a First Gazette entry was made as early as May 2009, and repeated each of the next 2 years.

    It looks like they've managed to stave off this latest attempt in their entry of Aug 2011 ... or perhaps this was forced upon them by another creditor?
    I'd take advantage of this and get your objection to the company being struck off in too until you find out what has happened to your money.

    But it does beg the question, when did you decide to first use them? Before May 2009, presumably?

    In fact the rot appears to have set in, with the exodus of directors starting, a year before then.

    Note that their current status according to companies house is:

    Active - Proposal to Strike off

    So no time to waste.

    Once again, a good example to others to check out carefully who you are giving your money to before handing over a penny.
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