Baines & Ernst Aggro!

sacphil · 30 October 2009 at 10:29AM

Good morning all.

I'm after a little advice if any of you would be so kind.

I've been with B&E since 2002 (I know, more the fool me), and I'm within touching distance of being debt free. Because I'm so close, I've been trying to keep an even keener eye on my outstanding balances (of which I have two). You might think that this would be an easy task, but it has been proving more difficult that I had dared to hope!

I have contacted B&E 4 or 5 times over the past 6 months to prompt them into giving me an actual balance as opposed to the 'estimated' balance (???!!!) that they seem to work with. Every time I have called, they have told me that someone would contact me with the required information as soon as they had acquired it. Safe to say, I never get a phone call back.

Recently I decided to call them again regarding the smaller of my balances which I pay roughly £100 p/m off. I was told by them that the last balance for this was obtained in Feb 09 which read £186 (I think). Now I'm not great at maths, but even I can work out that if that's the case then this should have been cleared by now, and in fact would have been massively over paid (my most recent paper update still shows me paying the same amount to cover it).

This is incredibly frustrating for me as if they'd complied with my initial request for an actual balance this would have been realised half a year ago, now coupled with the fact that they claim that this debt has been passed to a third party collection agency which they were not aware of, so now I await another phone call to confirm the situation. I'm thinking "No call by lunchtime and I'm calling back to give you both barrells!".

Anyhow, my apologies for hitting you with a massive wall of text and thank you for sticking through it! Any advice (other than leave B&E......this I already know) or if anyone has experienced similar things, please let me know.

Thank you all in advance.

Phil

Emmzi · 30 October 2009 at 10:31AM

they can ignore phone calls. put it in writing, recorded delivery, and then consider to switching to somewhere with smaller fees - a national debt charity - so more of your cash goes to the debts and less to the administration?

LilacPixie · 30 October 2009 at 10:38AM

or you could write directly to the creditor concerned and just stop paying bains and ernst.

DarkConvict · 30 October 2009 at 11:16AM

Under OFT Guidelines they must give you a balance

Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:

> e. failing to provide debtors or creditors with information on status
of debts, for example, not providing requested balance statements when
reasonably requested

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable (you paid it off already)

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
d. not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different
parties
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
h. not passing on payments received within a reasonable time resulting in
delays that adversely affect a debtor's financial position.
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued

sacphil · 30 October 2009 at 2:39PM

Thanks for replies guys, much appreciated.....especially the info you've provided DarkConvict. Really helpful.

The update from the manager that I (eventually) got to speak to this afternoon is that the smaller debt mentioned above that I thought should already be paid off, was passed sold to another company in April 09. They have been unable to find out who the debt was sold to as the original collection agent (Robisnson & Way) won't tell them. They suggested I phone Robinson & Way direct, was in direct contradiction to what I was advised when I took out the plan. Seeing as Robinson & Way would have had a consent letter with my signature on from B&E why can't they give out the information. And more to the point, what am I paying a management fee for if they quite simply, are NOT managing my debt in a satisfactory manner. ie. the last payment made against that account was in April 09, even though I've been paying £100 p/m against it since then??? Where's my money gone you incompetent fools?????????

*Apologies for the rant - very frustrated at present*

Anyhow, as far as the OFT guidelines above are concerened, I think there could be a number of clauses that they have contravened in my case. However, what exactly does this mean? If I register a complaint with the OFT how will that help my situation at present?
Anyway, the manager will update me by the end of the day (supposedly).

LilacPixie · 30 October 2009 at 6:08PM

it won't basically.

This is what I would do.

You need to cancel any direct debit you have with Bains and Ernst. Send a letter recorded deliver asking for statements showing what has been paid when and to who. Ask for any payments made by you held in their suspense account refunded and ask for a copy of all letters between them and your creditors as well as yourself forwarded on.

Meanwhile write to your creditors and ask for balances. if the creditors are DCA's just sit back and wait. If they are owed money and it stops they wil send out letters right away. While waiting on the DCA's to contact you just save the money youwould be paying bains and ernst.

DarkConvict · 30 October 2009 at 6:31PM

It maybe worth sending a letter stating a formal complaint, if they do not respond within 7 days you will place the account in dispute and cease payments. Asunder OFT guidelines once in dispute they must cease collection activity until it is resolved.

Nickpearson_3 · 2 November 2009 at 10:07AM

Hi Phil

Sorry to learn from your post that you are not happy with how your case has been dealt with. If you contact me direct I will make sure that these issues are sorted out for you asap.

sacphil · 2 November 2009 at 6:14PM

The problems mount! I am currently in contact with a manager from the customer services team who called me back on Friday evening to inform me that my debts were in fact, significantly higher than I thought. In fact, at the beginning of the year I was informed by another member of customer services that I should be all paid up by Jan 2010. Well, that seems a little far off now. Anyhow, he was going to go back to the creditor and try to ascertain what was going on and I was expecting a call back today.................funny old thing, no call! I suppose one good thing has come out of it so far, in that it appears that they actually know who my debt is owed to now (apparently), although I'm not sure I entirely believe this as I've had more than one story on that already!

Anyhow, I'm currently drafting a letter to be sent to the complaints department and copied to the OFT. Hopefully that should kick start them a little. I'm kind of intrigued to find out where exactly my management fee is going, because it doesnt seem to entitle me to expect them to manage my debt in any kind of acceptable way.

I'll post a copy of the letter once it's complete, so any feedback would be appreciated.

NannyOgg · 3 November 2009 at 7:24PM

sacphil wrote: »

I'll post a copy of the letter once it's complete, so any feedback would be appreciated.

Would love to see that letter if you don't mind sacphil, my OH is having similar problems with them. Had a major rant at them this afternoon re. poor account management and surprise surprise the follow up call from 'a manager' still hasn't materialised!

Am going to start my own thread shortly (please be gentle!) but will be watching your progress with interest :T

RAS · 3 November 2009 at 7:31PM

nanny - OH needs to read this

OFT announces review of debt management practices

http://www.oft.gov.uk/news/press/2009/130-09

Baines & Ernst Aggro!

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