Can I refuse to deal with debt collection agency?

matttye

jkdt0077 wrote: »

Yes, of course. But I would still be paying/dealing with the construction company, the solicitor's firm, the school, the factory, the company.. not the third party they use to help them.

Not if they outsource their accounts

jkdt0077 wrote: »

If you buy a fridge from Curry's you pay £20 for delivery by a third party company - but you don't pay the delivery company direct, you pay Curry's.

I really just want to know why it's different for DCAs and where it states this in the law.

The reason it's different is because the function that the debt collector is being asked to perform, is to collect the debt.

jkdt0077

matttye wrote: »

The reason it's different is because the function that the debt collector is being asked to perform, is to collect the debt.

Ok, that's fine, they've asked them to collect the debt for them. My position is that I wish to pay the debt, but I want to pay the original creditor directly rather than the agency. All I want to know is can the creditor legally refuse my payment and even to correspond with me?

To go back to the fridge analogy. Say the delivery company broke my fridge when they dropped it off. I would then call Curry's to notify them, they wouldn't say "Sorry, we hired a third party to deliver your fridge, we can no longer deal with you - sort it out with them".

iolanthe07

but I want to pay the original creditor directly rather than the agency.

Why? As long as you have a receipt, or other means of proving that you have paid, why does it matter? There is no point in just making things difficult for yourself for no real reason.

matttye

jkdt0077 wrote: »

Ok, that's fine, they've asked them to collect the debt for them. My position is that I wish to pay the debt, but I want to pay the original creditor directly rather than the agency. All I want to know is can the creditor legally refuse my payment and even to correspond with me?

To go back to the fridge analogy. Say the delivery company broke my fridge when they dropped it off. I would then call Curry's to notify them, they wouldn't say "Sorry, we hired a third party to deliver your fridge, we can no longer deal with you - sort it out with them".

You are paying the original creditor, you're just doing it via the DCA.

If a company outsources their accounts, you'd pay the accountant for goods/services provided by the company.

poppasmurf_bewdley

jkdt0077 wrote: »

I can't really answer your question above as I've never rented so don't really know the ins and outs of it. But, in the scenario above, if there was a dispute with the amount etc then I would expect to have the right to be able to deal with the property owner directly in order to resolve it. Are you saying I wouldn't have that right?

No, you wouldn't if the property owner didn't want to deal with you directly, which is the problem you are facing at the moment. He would say "deal with my agent," which is what they are saying to you now.

jkdt0077

iolanthe07 wrote: »

but I want to pay the original creditor directly rather than the agency.

Why? As long as you have a receipt, or other means of proving that you have paid, why does it matter? There is no point in just making things difficult for yourself for no real reason.

No I know - there's no real reason really - I'm just trying to make it as awkward as I can. I simply want to know if it's legal for them to refuse direct payment. If nobody knows that then fair enough.

poppasmurf_bewdley wrote: »

No, you wouldn't if the property owner didn't want to deal with you directly, which is the problem you are facing at the moment. He would say "deal with my agent," which is what they are saying to you now.

Is that because I would've signed a contract stating that I would have to deal with their agent? I have no clause in my deed of transfer that states anything about having to deal with any third parties.

poppasmurf_bewdley

jkdt0077 wrote: »

Is that because I would've signed a contract stating that I would have to deal with their agent? I have no clause in my deed of transfer that states anything about having to deal with any third parties.

We all deal with agents all the time, whether we talk to Sky (would you expect to talk to Murdoch), pay our council tax (would you expect a councillor to take your money), pay your income tax (would you expect the Chancellor to come to your office every month for the cash), etc, etc.

You're just trying to be as awkward as you can be - true?

jkdt0077

poppasmurf_bewdley wrote: »

We all deal with agents all the time, whether we talk to Sky (would you expect to talk to Murdoch), pay our council tax (would you expect a councillor to take your money), pay your income tax (would you expect the Chancellor to come to your office every month for the cash), etc, etc.

You're just trying to be as awkward as you can be - true?

Of course we deal with agents all the time, but we don't hand them all our money - I pay my bill to Sky - not to the guy on the phone who passes it on to them! Yes, I am trying to be as awkward as possible and just want to know what I can push and what I can't.

HOK3Y

jkdt0077 wrote: »

No I know - there's no real reason really - I'm just trying to make it as awkward as I can.

Which is likely part of the reason OM don't want to deal with you anymore. If you plan on paying the bill, pay it as directed - you are causing more hassle for yourself than them at this stage. I would imagine that you have made any point you wanted to make already.

John1993_2

jkdt0077 wrote: »

No I know - there's no real reason really - I'm just trying to make it as awkward as I can.

This is known as cutting off your nose to spite your face. You defaulted, you broke the agreement, you are making it harder for genuine customers to get credit in future.