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.
Advice please, Boots not collect direct debit for 4 years, now asking for lump sum
If someone could give us advice how to deal with this problem we would be very grateful.
More than 4 years ago I signed direct debit agreement with Boots Optician to pay my wife's contact lenses, which is £15 per month. Since that my wife went to Boots every 3 months to collect the lenses. Before this Christmas (about Nov. 2006) Boots wrote a letter to my wife and ask for the payment of more than 4 years' contact lenses fee, which is over £845, and hint the direct debit was stopped by us because they didn't do it. In their letter they didn't mention any responsibility of themselves and tried to push it to us. It's absolutely nonsense. We never cancel any direct debit. We were shocked. We never enter this sort of situation before, even for any debt like this amount. Boots offered to decrease £245 from the amount. It becomes £600 and they allow installment to spread the cost over following months.
After several phone calls and emails, they refused to admit it's their responsibility and said we should check our bank statement to make sure the payment is made or not. We did check the first several payments, as long as it went fine we just leave it. It's ridiculous that they said it's our business to make sure the payment is made. After some google search we learnt that it's their responsibility to make sure direct debit is collected and customer only needs to make sure there are enough funds in their account. After telling them this they started to say they made mistake but still stressed that we collected the goods that were not paid and it's unlawful. But the goods were collected based on the understanding the they were paid by the direct debit.
We would appreciate if someone could give us further advice. It has given us too much pressure and stress. We never had come across this situation.
Thanks
Re: Advice please, Boots not collect direct debit for 4 years, now asking for lump su
Ok mistakes were made on both sides. Boots for not collecting the DD, but also you for not realising for 4 years. You've had the lenses and accept they should be paid for, Boots have offered a 30% diiscount and instalments. As long as these instalments are at a level you can afford, I don't really see what else you are expecting.
Re: Advice please, Boots not collect direct debit for 4 years, now asking for lump su
Your bank will be able to tell you how the DD was canceled, however if they did not take a payment after 12 months, it would automatically expire anyway. On the probabilities that it was their error, then they proposed solution (no pun intended) seems reasonable under the circumstances, and since your wife had full benefit of their services, it would be unrealistic not to pay for them.
Re: Advice please, Boots not collect direct debit for 4 years, now asking for lump su
Originally Posted by Lutan
More than 4 years ago I signed direct debit agreement with Boots Optician to pay my wife's contact lenses, which is £15 per month. Since that my wife went to Boots every 3 months to collect the lenses.
Were there any eye tests in that time?
What kind of contact lenses were they? Did your wife use them all?
I think you owe Boots the money - you've had the product which you agreed to pay for.
However, they may be open to negotiation. And you may be able to return unused lenses ... when my wife stopped wearing contact lenses, the supplier just took any unopened boxes back.
If you cannot reach agreement, they would have to sue you; presumably you would lose, but the court would set payments at a level you can afford ... which might be quite low. And you would not have to pay Boots lawyers fees, though you would have to pay both sides' court fees.
You have to make alternative arrangements for supply of contact lenses.
I suggest:
1) You regard Boots failure to collect as an interest-free loan which you now have to repay.
2) If money is tight, look for other lens suppliers; you may be able to get identical lenses at half Boots' price.
3) If money is tight, offer to pay Boots at a rate of about £5 to £10 per month ... essentially, offer them the money you are saving by getting the lenses elsewhere.
Re: Advice please, Boots not collect direct debit for 4 years, now asking for lump su
I agree with what everyone else has said - yes, a mistake has clearly been made and not noticed prior to now, but you have had the product and therefore you do need to pay for what you have used. You will need to negotiate a repayment plan with Boots, based on what you can reasonably afford to pay.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.