First active / brunell cole

dom2468

Ok, so here goes, I'm new on here. Firstly I declared myself bankrupt in 2005. I was discharged of this 6 months later though I still have problems applying for credit - lesson learnt! So about 18 months ago I was contacted by Brunell Cole and I explained my previous circumstances. They said no problem and I completed the forms for a PPI claim. Eventually my previous loan Co. (that was involved in the bankruptcy terms) agreed that PPI was applied and a refund would reduce the amount I still owed them now owned by HSBC (despite this debt being written off by the Judge in bankruptcy). So now I am faced with a bill from Brunell for applying a 'reduction' to money I no now longer 'owe'. It is about £270? I rang Brunell and they said they would chase the Official Receiver for their fee and put this in writing to me. This was about 2 months ago. I have not heard from Brunell until this week when they asked me again to sign the consent form again in order for the debt to be reduced. Ok, so a couple of questions, should I ignore this due to poor customer service, or do I wait for the Brunell debt collectors to come to my door........

dunstonh

Eventually my previous loan Co. (that was involved in the bankruptcy terms) agreed that PPI was applied and a refund would reduce the amount I still owed them now owned by HSBC (despite this debt being written off by the Judge in bankruptcy).

That was always going to be the outcome.

I was contacted by Brunell Cole and I explained my previous circumstances.

You have been mis-sold and lied to by Brunell.

I rang Brunell and they said they would chase the Official Receiver for their fee and put this in writing to me.

That wont work.

Ok, so a couple of questions, should I ignore this due to poor customer service, or do I wait for the Brunell debt collectors to come to my door........

You put in a complaint to Brunell stating that they mis-sold their services and breached ministry of justice guidelines. You were never going to receive this money as you have no entitlement to it. So, as it was not going to be "cash in hand" and you would not benefit, they should have refused their services.

dom2468

Thank you, dunstonh. Just to be clear, do I need to write a letter to Brunell explaining that they mis-sold their services to me and I am not going to pay their 'invoice'?

[Deleted User]

dom2468 wrote: »

Just to be clear, do I need to write a letter to Brunell explaining that they mis-sold their services to me and I am not going to pay their 'invoice'?

If you don't, you can expect debt collectors.

magpiecottage

dom2468 wrote: »

Thank you, dunstonh. Just to be clear, do I need to write a letter to Brunell explaining that they mis-sold their services to me and I am not going to pay their 'invoice'?

You write a letter for the personal attention of
Mrs Lynn Mooney, Director
Dunston Innovation Centre
Dunston Road
Chesterfield
Derbyshire
S41 8NG


Head your letter FORMAL COMPLAINT OF MISSELLING BY BRUNEL COLE LIMITED


During the summer of 2012, your company made an unsolicited call to me regarding payment protection insurance. I explained that I had been made bankrupt but you said that this was not a problem.

Subsequently, although the complaint was upheld, the bank exercised its right to set off the redress against the debt it had been forced to write off.

Yet you are now pursuing me for a fee the amount that the bank has set off.

General Rule 3 of the Conduct of Authorised Persons Rules 2007 which were applied at the time by your regulator, the Ministry of Justice, says, "A business shall be directed by people with the necessary competence."

As the only director of your business, that means you are personally responsible for your business.

General Rule 4 says, "A business shall ensure that any staff or other people working on its behalf have the necessary training and competence to perform their duties." So you are personally responsible for the conduct of your firm's staff and representatives.

Client specific rule 11 says before entering into a contract a firm must provide "Honest, comprehensive and objective written information to assist the client to reach a decision including the risks involved in making a claim,in particular the possibility of losing money".

Client specific rule 14 says, "A business must take reasonable steps to ensure that the client is able to understand the contract that he is being asked to agree to".

I put it to you that, as sole director of Brunell Cole Limited you failed to ensure that your firm complied with those rules and that as a result of your error I am now being pursued by you for a debt that, but for your personal professional incompetence, would never have occurred.

This has caused me material distress and inconvenience for which I expect compensation of £50 from you.

Failure to resolve my complaint to my satisfaction will result in the matter being referred to your regulator.




(You probably won't get the compo but they are likely to back down! - post the letter get proof of posting (free from the Post Office) and keep copies of everything.

dom2468

Wow, THANKYOU! that great advice, I will write a letter and post it tomorrow.

dom2468

Thanks ever so much for your support, they wrote to me last week saying they would close my account and no further charges!