debt collecting agency and british gas

misty

I'm after some advice and info if possible. I changed gas provider from British Gas to someone cheaper. British Gas sent me a final bill of nearly £300 pound this was for a quarter and I was paying d/d of £80 per month and I work full time. (I disputed this bill which is a side issue) I told BG I couldn't afford this amount and offered to pay in instalments and they said as I was no longer a customer all they could do was two instalments which I still couldn't afford.

The amount has now passed to a debt agency and at the moment no interest has gone on. I telephoned the debt people and offered to pay in instalments - the woman said they can't take instalments and it has to be paid in full. She offered to redduce it to £246. However, I can't afford to pay this amount. She said it will go to court etc and you will have costs. She started asking do you have a partner ect - when I asked why she wanted to know that - she mumbled something and then put the phone down.

They have phoned today - and I spoke to a man who basically said the same thing - they won't take instalments. I'm not sure why he phoned as they haven't changed their stance and I can't change mine.

If they take me to court will it be taken into account that I have offered to pay in instalments (although this has only been said orally) Can they refuse instalments? They didn't even ask how much the instalments were I was offering - just refused straight off. I was thinking of sending a letter offering to pay instalments - does anybody have a successful template or any advice or experience of similar?

Thanks

rog2

You say that you have disputed the bill - this is DEFINITELY NOT a side issue. If a debt is in dispute with the original creditor, then a Debt Collection Agency should NOT be trying to collect it. If they continue to try to collect then they are acting in breach of the OFT guidelines, to which they should adhere.

The information is in the following link:

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

You should write to the debt collector and state that 'you do NOT acknowledge any debt to them (dca) and that the alleged debt, to which they refer, is in dispute with the original creditor, and therefore they should not be contacting you regarding this matter.'
Tell them that you will report any further contact, by them, to the Trading Standards Office and other regulatory bodies.

misty

When I say disputing it - I should really have said disputed it. I couldn't see how it could be that much - after going round and round the automated system of hell - loads of times and getting nowhere I wrote to them. Basically they wrote back and said sorry for your trouble - we've been really busy but the bill is accurate. What with work and inertia I basically left it - as it was costing me money phoning them up, they don't do what they say they will do and each person you speak to has no idea of the problem despite them saying they will put it on the "system".

rog2

misty wrote: »

When I say disputing it - I should really have said disputed it. I couldn't see how it could be that much - after going round and round the automated system of hell - loads of times and getting nowhere I wrote to them. Basically they wrote back and said sorry for your trouble - we've been really busy but the bill is accurate. What with work and inertia I basically left it - as it was costing me money phoning them up, they don't do what they say they will do and each person you speak to has no idea of the problem despite them saying they will put it on the "system".

Okay - but the Debt Collection Agency must still conduct their affairs within the OFT guidelines - so it's handy to download a copy.

It is wrong of the dc to say that they MUST collect the whole amount. They SHOULD listen to offers of payment by instalments. In the UNLIKELY event that they took you to court a judge would ask if you had made any offers and would not make you pay more than you could afford to pay.
How much is the debt? And who are the Debt Collectors (we may be familiar with their methods)?

misty

Hi
It is for £294.77. I would have offered £30 per month. the company is buchananclark+wells - written like that in lower case.....aghhhhh. It does say in the letter if you wish to discuss your financial circumastances please call us - however when I did it they said all in one go was all they would take.

rog2

misty wrote: »

Hi
It is for £294.77. I would have offered £30 per month. the company is buchananclark+wells - written like that in lower case.....aghhhhh. It does say in the letter if you wish to discuss your financial circumastances please call us - however when I did it they said all in one go was all they would take.

BCW are, indeed, well known - and not very many good experiences with them either.
EVERY time that they contact you simply REPEAT your offer to pay in instalments, and ASK (again every time) that they stop telephoning and conduct ALL correspondence on this matter in writing.
Then put the phone down - do NOT get into conversation with them, as they will try to wear you down until you agree to pay it all in one.
If they persist with this telephone harrassment, tell them that you will report them to the Trading Standards Office and, ultimately the Police as they may be committing an offence by continually phoning.
In the meantime - continue to make the £30 payments.