Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Metropolitan collection services / automatic increase in payment

    Metropolitan Collection Services ,

    Help needed for my friend in relation to the above company ,

    I have have received sound advice from the kind people on this forum over the years regarding this and many other issuue and am truly grateful for your time and patience !
    Anyway metropolitan have sent my friend monthly demand letters for increase in payments since 18 of Jan last year . He is at present paying £60 / month and they demand a monthly increase of another £ 60 which is wel over his means . There is an attatched form which states that he confirms that he is able to increase the payment to £60 but there is no mention on the form that he cannot make an increase in payments and therefore there was no point in filling in the attached form .
    Last week he received a different letter from Metropolitan stating that because they have not racieved any response for their request ( demand ) for an increase in payments , they are left with no alternative but to apply anautomatic increase to his payment plan .
    Any suggestions on what to do next would be much appreciated


  2. #2
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    Default Re: Metropolitan collection services / automatic increase in payment

    Get your friend to write to Metropolitan and state that they do not and did not agree to an increase in payments and the payments being made will continue at the current rate of £xx. Also state that non acknowledgement of their letter does not constitute acceptance.

    Has your friend considered asking for a copy of the CCA?


  3. #3
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    Default Re: Metropolitan collection services / automatic increase in payment

    Hi t s c

    Your friend is the one in charge if thier finances not the DCA so they can demand all they want your friend does not have to comply and only has to pay what can easily aforded

    Below are extracts from the CSA Code of Practice and the OFT Guidelines that DCA's have to follow . .

    CSA Code of Practice

    1 GENERAL CONDUCT

    Each member snal act responcibly and with integrity in the day-to-day conduct of its business. For example:

    c) Comply with this Code of Practice . . . . . . .
    d) Comply with debt collectionicon Guidance as published by the Office of Fair Trading from time to time

    DEBT COLLECTION & default guidelinesicon

    In attempting to carry out collection in default of payment, members of the Association should:

    a) Not use oppressive or intrusive collection procedures

    OFT GUIDELINES

    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:

    f. Pressurising debtors to pay in full,in unreasonably large instalments or to increase instalments when they are unable to do so
    g. Making statements or gestures or taking actions which suggest harm to debtors (I've added this one for good measure as I feel it can be argued that what the DCA is doing is in detriment to your friends phsyical/mental well being, have they got a good GP they can go to for help as well)

    I realise the info is a bit long winded but as you can see there are links within that tie things together

    Use the info above when writing to them, tell them that no further increases will be accepted or payed and to be honest I'd be inclined to tell them that as what they've been doing is in breach of the Guidelines they are obliged to comply with I'm going back to what I started paying in the first place

    Good luck
    R



    I asked them to wait whilst I got my Bank card
    ------------------------------------------------------------------------------------------

    Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk...le-!&highlight=

  4. #4
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    Default Re: Metropolitan collection services / automatic increase in payment

    Quote Originally Posted by Revenant View Post
    Hi t s c

    Your friend is the one in charge if thier finances not the DCAicon so they can demand all they want your friend does not have to comply

    Below are extracts from the CSA Code of Practice and the OFT Guidelines that DCA's have to follow . .

    CSA Code of Practice

    1 GENERAL CONDUCT
    problem is its says they have to follow the giudelines BUT DO THEY !
    dont make me laugh! nice point though.


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    Default Re: Metropolitan collection services / automatic increase in payment

    Get your friend to CANCEL the DD immediatly. If he has to pay them he should only do so by Standing Order which they cannot vary


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    Default Re: Metropolitan collection services / automatic increase in payment

    If your friend is paying by DD, cancel immediately and ask for details to set up a standing order instead.

    RMW

    I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.

    I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.

  7. #7
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    Default Re: Metropolitan collection services / automatic increase in payment

    thank you all for swift and reassuring reply


  8. #8
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    Default Re: Metropolitan collection services / automatic increase in payment

    Quote Originally Posted by themagcian View Post
    problem is its says they have to follow the giudelines BUT DO THEY !
    dont make me laugh! nice point though.
    All on here know exactly what you're saying and DCAicon's prove time and time again that they don't BUT as long as the Guidelines are there we can use them in order to make them sit back and think

    The Guidelines may be weak but they are at least ammo in the armoury

    R

    I asked them to wait whilst I got my Bank card
    ------------------------------------------------------------------------------------------

    Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk...le-!&highlight=


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE