Charge for telephone transcript

Galadriel49

My daughter is managing a pub and has a dispute with a company that were supposed to write an advert and for her but used out of date info. She asked them to put it right before she paid the bill. Their response was to pass the debt onto debt collectors 'Credit Solutions', who continually telephoned demanding payment and threatening to send a doorstep collector round.
She sent the recommended letter asking for a copy of the credit agreement and proof of the debt enclosing £1.00 fee on 26 Jan. She received a second letter today threatening court action. She also received a telephone call saying they have a recorded phone call where she admits to the debt, (which she denies).
When she asked for proof of this call, they said she would have to pay them £40 for a transcript of the call.

DarkConvict

I do not believe the advert would be covered by a CCA, as you are paying for a service, not paying for access to credit.

My advise would be to ring business debtline http://www.bdl.org.uk/, they might be able to provide information regarding the issue in terms of if the other company broke the agreement (by supplying a service different to that agreed) and how to handle the dispute. Business debtline is free to call and they give free professional advice.
With regards to charging for the transcript, i would refuse and state you want a copy of the actually recording, not a written copy as it is subject to tampering. Further more if they were to take you to court you could force them to hand over a copy before the court hearing as it relates to your defence.

Tixy

Agree with DC

There will be no credit agreement for this, as such they can't affect her credit report.

However it would be up to them to prove that she admitted to the debt (ie for them to prove that she did by providing the telephone call). She does not have to prove that she did not.

It might be worth her trying to talk to the add agency again and coming to a compromise. I imagine that in this type of case the debt won't have actually been sold but the DCA will be acting on behalf of the add company.

What sort of amount is the debt?

(DC - I reckon you could remove your 'I'm a newbie' warning now you are on that sort of level of posts, and given the useful advice your offer)

RAS

Hi

She needs to ring trading Standard in the morning.

1. This is very unlikely to be covered by the Consumer Credit Act, so the request for the credit agreement and £1 only made them think she does not know what she is doing, so they can try it on.

This will be confirmed to them by the fact that she does not appear to know that admitting a debt on the phone does NOT meet the requirements for legal action.

2. If she was to do a Subject Access Request under the DPA, they have to produce everything they have on her account. Cost £10, as they should know.

There are a number of companies that sell advertising who are less than reputable; I have played with a number over the years. The favourite is to copy an advert in another paper and reproduce it in their rag, then send a bill.

Unless she saw the proof of the advert that went in and signed it off, they have not got a leg to stand on.

Galadriel49

RAS wrote: »

Hi

She needs to ring trading Standard in the morning.

1. This is very unlikely to be covered by the Consumer Credit Act, so the request for the credit agreement and £1 only made them think she does not know what she is doing, so they can try it on.

This will be confirmed to them by the fact that she does not appear to know that admitting a debt on the phone does NOT meet the requirements for legal action.

2. If she was to do a Subject Access Request under the DPA, they have to produce everything they have on her account. Cost £10, as they should know.

There are a number of companies that sell advertising who are less than reputable; I have played with a number over the years. The favourite is to copy an advert in another paper and reproduce it in their rag, then send a bill.

Unless she saw the proof of the advert that went in and signed it off, they have not got a leg to stand on.

That's exactly what happened, they copied the info from an old advert and did not send her the proof first, despite her specific request that they do so.

gilligansyle

They are just trying it on. This sort of scam has been covered by various watchdog programmes. Contact Trading Standards. They are probably well known.

RAS

Galadriel49 wrote: »

That's exactly what happened, they copied the info from an old advert and did not send her the proof first, despite her specific request that they do so.

In which case, she is not legally liable to pay the bill. Believe me, I have had accounts in a right state becasue they think it is a late bill about to go to court and I have held my ground.

I have had to authorise by fax, and one (very reputable) company has an e-mail authorisation system.

Dear Sir

Thanks for your demand for payment (number). Please can you provide a copy of the signed proof prior to payment.

Daughter.

I suggest you actually sign the letter on her behalf so they cannot copy her sig onto the letter.

Stop talking to the DCa and complain to the TS.