Bit of advice please

dottyanne

Hi Pobby, cheesed me off too i can tell you but theres not much we can do now but wait and see what their sols come back with, we cant really afford to pay any more than we were doing (and this was a push) but we will have 2 wait n see, its 2 weeks since i sent the offer for repayment to their solicitors and still havent heard anything so gettin a bit techy, is this usual? would anyone ring them?

rog2

Hi pobby - this 'Debt Resolutions' crowd sound like a thoroughly disreputable bunch of cowboys. :mad:

The Office of Fair Trading, in Section 2, subsections 9 & 10, of their 'Debt Collection Guidelines', are quite specific in that 'charges should not be levied unfairly'.
They go on to cite, as examples of 'unfair practice':

- misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision.
- not giving an indication in the (original) agreement of the amounts of any charges payable on default.
- applying unreasonable charges, for example, charges not based on actual and necessary costs.
- applying charges which are disproportionate to the main debt.

These 'Guidelines', to which 'Debt Resolutions' should adhere like 'superglue', can be seen on the following link:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

And they simply can not charge your friend for setting up a direct debit.
In fact I would go so far as to say that NO 'debtor' should ever set up a direct debit with any debt collection agency. A direct debit is an 'authority' for the creditor/dca to demand, or withdraw, money from your account and it puts them in control as to how much, and when, they use this 'authority'. There have been many instances, on this board, of debt collection agencies exceeding that 'authority' by requesting higher, or more frequent, payments than those agreed with the 'debtor'.
If she wants to pay, via the bank, fine - but tell her to set up a Standing Order - this can only be amended, or varied, on her instructions.

Pobby

Once again thanks to all your posts my friends.

Very interesting document, thanks Rog2.

Pobby

This doesn`t say a lot for gyms either

http://www.guardian.co.uk/money/blog/2009/feb/04/gym-membership-is-a-consumer-nightmare