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Gadge_129

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  1. Update: We received a letter from DCA collections, it turns out my girlfriend has paid them a deposit of £39.00 + 86.66 2x Months membership (via cheque) which she forgotten about from an old bank account till we checked. So in total DCA learning have taken £125.66 - Does this now put them in a higher standing to be able to demand the money or are we even able to collect the funds back? - I find it weird that the lady on the phone even said that the account had been canclled. We requested that they forwarded us proof that money is owed to them, they instead forwarded us terms and conditions from a “sample student” which shows nothing to do with us, not even the correct payments! DCA Home Learning Letter: http://img60.imageshack.us/img60/5732/dcahomelearn1rs6.jpg Terms and Conditions (3 pages): http://img56.imageshack.us/img56/4949/dcahomelearnpg1pm4.jpg http://img165.imageshack.us/img165/5180/dcahomelearnpg2wn1.jpg http://img159.imageshack.us/img159/3154/dcahomelearnpg3vv1.jpg I assume the next step is to mail them again and ask for further proof? any other ideas and where we take it from here, please? Thanks.
  2. Thought I would give an update on this situation and say thanks to the users that have posted in reply to me, you have all been a great help We have received a new letter from BPO collections after sending them the above letter to both them and DCA Home learning:
  3. Could any one please look over this for me Dear Sir/Madam Account Ref: - NOTICE Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Additionally I wish for you to send me any and all proof that this debt exists as I cancelled the course in its initial first month with DCA Home learning. I received no further correspondence or materials from DCA Home learning until Bpo collections demanded and threatened me for this payment. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 9th September 2008, I will have no hesitation in passing your details to the Office of Fair Trading. Yours faithfully/sincerely
  4. I asked them this previously on the phone however she could say nothing more than "the sum must be paid". I will add this in to the letter I am sending.
  5. Thanks, We are also a little unsure on how to deal with this long term. The people at Bpo Collection / Home learning are nothing more than broken records repeating over and over that the sum must be paid. No service by the company has been provided, it is even noted by DCA learning that the course was cancelled so I have no idea on why they wish to pursuit payment. There has been no correspondence between my girlfriend and DCA home learning during the past year. We only know anything about this now that Bpo collections is trying to force money from us which we don't have (students live poor lives ) and won’t be paying. Thanks, Gary. p.s This may be a silly question but should we type our name on the bottom / include the address to the template as if it was a normal letter?
  6. Thanks you very much. if either the bailiffs or field agents happen to turn up are they able to just climb through a window / walk through an unlocked door without a court order being issued? I will mail the letter and have one ready in hand
  7. Update: Today we have received further correspondence from Bpo Collections: Dated 8th August We have instructed our field agents to VISIT YOUR ADDRESS TO COLLECT THE ABOVE DEBT You have made this action necessary as you have ignored all other requests to contact us and you have failed to pay this account. should you wish to avoid this course of action, you must contact our office within 72hours of receipt of this notice failure to comply with this request may lead to the above action without further warning or notice. For and on behalf of Bpo collections Recoveries Department I understand that I am not legally obliged to let them enter the property, are they able to tow any of the cars away? I need some help on how to deal with this further please.
  8. Thanks, you have confirmed pretty much what I thought to begin with. We don't intend to back down from them since we don't believe we owe any funds to the company, they have already gained £40 for doing next to nothing, she didn't receive any service which warranted paying for. Good luck with them taking her to court! she's a uni student they would have better luck trying to get blood from a rock Thanks
  9. The course is offered by dclearn (i cant post urls but its .co.uk) My girlfriend payed a deposit of £40 and was supposed to setup a direct debit to cover each month she carried on with the course (1 year I think), she canceled the course during the 1st month (even the lady on the phone said she had canceled it but that she still needed to pay the full sum) Since the course was cancelled she disposed of the direct debit slip and thought nothing of it, nor heard anything from it till this letter. She never received any other materials other then which the 1st monthly deposit covered, nor did she send of any materials. So all in all she payed £40 for some very uninformative booklets which she could have got for a maximum of £20 else where and they are chasing her for a extra £303.34 Thanks
  10. Hi Over a year ago my girlfriend signed up for a course with “DCA Home Learning” initially she paid a deposit of around £40 (by cheque) and received the starting materials. The course material turned out to be less then expected so she cancelled the course within the initial month and no further payments have been taken as expected nor had she received any further material or sent any material off to be marked (she assumed she would loose the deposit which wasn’t a problem). Included in the materials were direct debit forms which she never bothered with after canceling the course and thought that was the end of it. However after coming back from vacation we arrived home to find a letter from “Bpo Collections” dated 16th July which states: Our Client: DCA Home Learning Ref No: ----- Principle Sum: £303.34 FORMAL NOTICE – DO NOT IGNORE (in nice pretty red writing) We refer to the above and give due notice that our Client has instructed ourselves to recover the outstanding amount of £303.34 owed to them. To avoid Legal Proceedings being taken against you, we require immediate repayment of this sum at our office no later than 23rd July 2008. Failure to receive this amount will leave no alternative but to recommend to our Client that legal action may be the only option we have to recover the balance due. Please be advised, such an action may seriously affect your ability to obtain credit in the future and may result in additional costs being levied against you. Tel number to phone: For and on behalf of BPO Collections Recoveries Department ‘Giro Bank Slip Included at the bottom of the letter’ Both DCA home learning and BPO collections proved to be less then useful when both I and my girlfriend phoned them yesterday (BPO lady did nothing but repeat her self “you must pay in full even if you did not complete the course”) She also never applied her signature to any documents relating to either of this companies or had any further contact after cancellation I understand that if she did not sign any agreement that she shouldn’t be liable for this payment and not be able to taken to court. I would be thankful for any further guidance Thanks, Gary
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