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  • FIRST POST
    janeywoo
    Help please - Debit Finance Collections LTD demanding payment
    • #1
    • 20th Mar 09, 11:47 AM
    Help please - Debit Finance Collections LTD demanding payment 20th Mar 09 at 11:47 AM
    I am a newbie on here and think I know what the answer is but I'm furious and just need confirmation that Debit Finance Colections are saying the right thing.

    I joined a kickboxing club last year for 30pm paying by direct debit. These DD's were collected by a company called Debit Finance Collections LTD. I am leaving the country to go travelling for a year next week so I let my instructors know this in February and they said that's fine just cancel your direct debit when you want to leave, which I did.

    I have just had a letter from the DD collection company saying I have missed a payment and they want 40 to cover a 10 missed charge. When I called them to let them know they had got it wrong they told me that I had to give THEM 1 months notice and I am liable for 2 months payments, March and April even though I cancelled my direct debit and let my instructors know. My total charge would be 40 plus another month at 30=70 when I haven't used the club since February.

    I feel I have been totally caught out here as my relationship lies with the kickboxing company and not Debit Finance Collections, I do not know who this company is and feel trapped.

    I am leaving the country next week and I'm inclined to ignore the letter but I am worried about what will happen in my absence. Similarly the same thing happened to another kickboxing student who chose to ignore the letter from November and she has not been contacted since - however I don't want to have bayliffs coming round or get blacklisted for this!

    So my questions are:

    1. Are Debit Finance Collections allowed to do this? (I'm sure you will say yes as it says 30 days notice on the small print of the DD form)
    2. Are my kickboxing club liable to pay this seeing as they gave me false advice?
    3. If I choose to pay, do I have to pay the additional 10 charge?
    4 What will happen if I don't pay?

    Any advice is appreciated!
    Last edited by janeywoo; 20-03-2009 at 11:59 AM. Reason: typo
Page 1
  • phlogeston
    • #2
    • 20th Mar 09, 1:55 PM
    • #2
    • 20th Mar 09, 1:55 PM
    ...I let my instructors know this in February and they said that's fine just cancel your direct debit when you want to leave, which I did.

    ...I feel I have been totally caught out here as my relationship lies with the kickboxing company.

    1. Are Debit Finance Collections allowed to do this? (I'm sure you will say yes as it says 30 days notice on the small print of the DD form)
    2. Are my kickboxing club liable to pay this seeing as they gave me false advice?
    3. If I choose to pay, do I have to pay the additional 10 charge?
    4 What will happen if I don't pay?

    Any advice is appreciated!
    Originally posted by janeywoo
    When you joined the club, did you sign any form of contract?
    If so, do you still have a copy?
    Who is your contract with and what are the cancellation terms?

    Without knowing the answer to these questions, it is impossible to tell whether you owe any money.
  • janeywoo
    • #3
    • 20th Mar 09, 2:29 PM
    • #3
    • 20th Mar 09, 2:29 PM
    I signed a direct debit form which also had a section called 'Month to month membership application form' on it, it says on there at the bottom "the payments will automatically continue on a month by month basis until terminated by me 30 days prior written notice of cancellation to Debit Finance Collections."

    This is where they've got me I think :-(

    I still have a copy.

    Thanks for your help.
    • Tozer
    • By Tozer 20th Mar 09, 3:37 PM
    • 3,355 Posts
    • 2,104 Thanks
    Tozer
    • #4
    • 20th Mar 09, 3:37 PM
    • #4
    • 20th Mar 09, 3:37 PM
    It does sound like you ought to have given them the notice (in writing). Have you now done that?

    Also the 40 missed charge sounds unlawful on very similar basis to the bank charges reclaiming (i.e. a penalty).
  • phlogeston
    • #5
    • 20th Mar 09, 3:40 PM
    • #5
    • 20th Mar 09, 3:40 PM
    I signed a direct debit form which also had a section called 'Month to month membership application form' on it, it says on there at the bottom "the payments will automatically continue on a month by month basis until terminated by me 30 days prior written notice of cancellation to Debit Finance Collections."

    This is where they've got me I think :-(

    I still have a copy.

    Thanks for your help.
    Originally posted by janeywoo
    Not necessarily...

    Could you scan the form (blank out any personal details) and post it on the forum.

    A direct debit form is not a contract for services. The additional wording you have quoted just refers to the payments, not the service that Debit Finance Collections are contracting to provide.
  • janeywoo
    • #6
    • 20th Mar 09, 5:28 PM
    • #6
    • 20th Mar 09, 5:28 PM
    I will try and scan in over the weekend, thanks for your help guys.
  • LinasPilibaitisisbatman
    • #7
    • 20th Mar 09, 6:17 PM
    • #7
    • 20th Mar 09, 6:17 PM
    I will try and scan in over the weekend, thanks for your help guys.
    Originally posted by janeywoo

    Why waste your time

    Its quite clear you didnt do what it clearly said you should do, pay up and accept that in future you nead to read things.
    • Tozer
    • By Tozer 20th Mar 09, 7:33 PM
    • 3,355 Posts
    • 2,104 Thanks
    Tozer
    • #8
    • 20th Mar 09, 7:33 PM
    • #8
    • 20th Mar 09, 7:33 PM
    Why waste your time

    Its quite clear you didnt do what it clearly said you should do, pay up and accept that in future you nead to read things.
    Originally posted by LinasPilibaitisisbatman
    Bull. How very unconstructive.

    Yes, it is likely that the OP is bound in to provide notice and should ensure that written notice has now been provided.

    But 40 for a cancelled DD? Worse than a bank.
  • LinasPilibaitisisbatman
    • #9
    • 20th Mar 09, 7:36 PM
    • #9
    • 20th Mar 09, 7:36 PM
    Bull. How very unconstructive.

    Yes, it is likely that the OP is bound in to provide notice and should ensure that written notice has now been provided.

    But 40 for a cancelled DD? Worse than a bank.
    Originally posted by Tozer

    Wrong the OP is being asked for 70.

    1 x 30 for the month that bounced
    1 x 30 for a months notice
    and a 10 fee for dealing with the bounced DD etc.

    Entirely fair
    • Tozer
    • By Tozer 20th Mar 09, 7:49 PM
    • 3,355 Posts
    • 2,104 Thanks
    Tozer
    Rubbish. If it were me, I would be claiming constructive notice, that the charge was not contractual and even if (which is not accepted) it was in the contract, it was penal in nature as not being a genuine pre-estimate of the loss likely to be suffered.
  • Apples2
    You've just learnt kickboxing so you won't get bullied anymore!!

    Wade into their Offices like Jackie Chan and give them all a good !!! Whooping
    • Tozer
    • By Tozer 21st Mar 09, 2:53 PM
    • 3,355 Posts
    • 2,104 Thanks
    Tozer
    You've just learnt kickboxing so you won't get bullied anymore!!

    Wade into their Offices like Jackie Chan and give them all a good !!! Whooping
    Originally posted by Apples2
    Agreed. Although if any of the instructors are there....
  • janeywoo
    That would be very satisfying!!
  • phlogeston
    Wrong the OP is being asked for 70.

    1 x 30 for the month that bounced
    1 x 30 for a months notice
    and a 10 fee for dealing with the bounced DD etc.

    Entirely fair
    Originally posted by LinasPilibaitisisbatman
    WRONG, WRONG, WRONG....

    We don't know what the OP is being asked for!

    The OP was being provided a service by the kickboxing club and gave notice to their representative which was accepted. Therefore, owes no money to the club.

    Another party Debit Finance Collections provided a collection service (on behalf of the kickboxing club). The OP has every right to cancel a DD whenever it suits.

    OP owes no money for the kickboxing and has not received any goods or services from the Debit Finance Collections.

    So for what exactly does the OP owe any money?

    DDs don't bounce! They had no right to collect as there was no money owed.
  • LinasPilibaitisisbatman
    WRONG, WRONG, WRONG....

    We don't know what the OP is being asked for!

    The OP was being provided a service by the kickboxing club and gave notice to their representative which was accepted. Therefore, owes no money to the club.

    Another party Debit Finance Collections provided a collection service (on behalf of the kickboxing club). The OP has every right to cancel a DD whenever it suits.

    OP owes no money for the kickboxing and has not received any goods or services from the Debit Finance Collections.

    So for what exactly does the OP owe any money?

    DDs don't bounce! They had no right to collect as there was no money owed.
    Originally posted by phlogeston
    1) We do as they told us further up the thread
    2)Wrong, the OP did not provide the necessary form of notice. The instructor is just that an instructor. They also admitted they knew how to do it properly.
    3)Of course, but that doesnt nullify the contract that exists and the monies are still owed.
    4) The one month they cancelled, their one month notice handed in properly and 10 fee for the admin work caused by their error.
    5) They had every right to as the OP hadnt met their obligations and cancelled in writing with 30 days notice.
    • dacouch
    • By dacouch 22nd Mar 09, 10:16 PM
    • 20,761 Posts
    • 12,859 Thanks
    dacouch
    http://www.leisure-finance.co.uk/index.cfm?fuseaction=c.showPage&pageID=4
    • Will our customers be upset by ‘strong arm tactics’?
    LFG has a firm but fair policy. All defaulting customers are handled entirely in-house and not past to a third party debt recovery agency, which in some cases can have a negative impact on your customer relations.
    To add to this we strongly believe in providing you, our client, with full control over how far LFG take defaulting members.
  • phlogeston
    1) We do as they told us further up the thread.
    Originally posted by LinasPilibaitisisbatman
    No we don't, the OP say a direct debit mandate, that is not a contract. The mandate also included some other details, that I asked to see.

    You, of course, are such an expert that you can tell whether a piece of paper is contractually binding without seeing it. I do not have these super powers.

    2)Wrong, the OP did not provide the necessary form of notice. The instructor is just that an instructor. They also admitted they knew how to do it properly..
    Originally posted by LinasPilibaitisisbatman
    Notice is only owed to the person to whom the OP has a contract. Notice can be varied by mutual consent. If the contract is with the kick boxing club, notice was given to their representative and accepted.

    3)Of course, but that doesnt nullify the contract that exists and the monies are still owed.
    Originally posted by LinasPilibaitisisbatman
    There you go again, assuming the OP has a contact with the Debit Finance Collections. The OP has a contact for the supply of kick boxing instruction, not for the collection of Direct Debits.

    4) The one month they cancelled, their one month notice handed in properly and 10 fee for the admin work caused by their error.
    5) They had every right to as the OP hadnt met their obligations and cancelled in writing with 30 days notice.
    Originally posted by LinasPilibaitisisbatman
    There you go again, again. The OP has no obligations to a finance company to continue to allow DD payments that are not owed.

    Stop making assumptions, they help no one. Don't give crap advice, when all I asked to see was the form that the OP signed, so that I could give some informed advice.
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