Bt - Ccs

[nffc]

I did not realise what a mess my younger sister was in, Here is another for her, this time its BT who have passed it onto CCS

 

The letter says....

 

Notification of legal proceedings

 

Creditor: BT group plc

Tel no. #######

Account no. #######

Amount Due. £###.##

 

The telephone service has been disconnected

The case has been placed with us for immediate collection via the Dudley county court or appropriate Scottish court via solicitors

Take note a claim may be issued on ##/09/07 for recovery of

Debt + Admin Charge :o £###.##

Court Fees £38

Solicitors costs £50

Statutory Interest £####

Total £###

 

We have been instructed to collect the outstanding amount of £###.## which includes a 25% admin charge to compensate our client for the costs incurred in the recovery of this debt. If you contact us within the next 10 days to make payment in full we may be able to reduce the admin charge payable. Failure to either make payment or contact us within this timescale will render the full amount payable.

If you are unable to pay in full now you must contact this office on 0870 ###### to discuss payment arrangements

Do not ignore this notice, as legal action may commence without notice

 

Are they really serious do you think about taking her to court?

 

I have told her not to phone them and I will try and knock up a letter with the help of this site.

 

She is on benefits with a young child and struggling for money so if they want a repayment plan it needs to be reasonable and to her terms not the crazy amounts those morons in planet DCA dreamland want, preferably I don't want her paying a penny to these as I hate DCA's and would love to kick their ass but somehow I think there is no way of getting out of it?

 

What the f##k is the 25% admin charge about????? Surely they can't do that?

 

Advice on the above, answers to my questions and what should be done next will be appreciated.

 

thanks

[djdave]

Hmmm. A few questions: does she dispute this debt or is she planning on paying it off? You say she's in a mess - is she working or claiming any benefits? [edit- I've just seen that she's on benefits. I really must pay more attention!]

 

My instinct would be to write with a budget sheet and make an offer to pay by installments, ensuring she does not over-commit herself. If CCS wanted to take it further they'd look pretty stupid in court if they'd refused a reasonable offer.

 

My advice may change depending on the full circumstances. However you proceed, do it in writing.

[conar686]

I did not realise what a mess my younger sister was in, Here is another for her, this time its BT who have passed it onto CCS

 

The letter says....

 

Notification of legal proceedings

 

Creditor: BT group plc

Tel no. #######

Account no. #######

Amount Due. £###.##

 

The telephone service has been disconnected

The case has been placed with us for immediate collection via the Dudley county court or appropriate Scottish court via solicitors

Take note a claim may be issued on ##/09/07 for recovery of

Debt + Admin Charge :o £###.##

Court Fees £38

Solicitors costs £50

Statutory Interest £####

Total £###

 

We have been instructed to collect the outstanding amount of £###.## which includes a 25% admin charge to compensate our client for the costs incurred in the recovery of this debt. If you contact us within the next 10 days to make payment in full we may be able to reduce the admin charge payable. Failure to either make payment or contact us within this timescale will render the full amount payable.

If you are unable to pay in full now you must contact this office on 0870 ###### to discuss payment arrangements

Do not ignore this notice, as legal action may commence without notice

 

This whole thing looks moody to me - can you scan it so we can see the real thing - remove the personal details first.

 

Does it have a Dudley County court reference number - I suspect this is one of these letters designed to frighten & get people to pay.

 

Are they really serious do you think about taking her to court?

 

They're always serious about taking you to court, thats what this site is for - to ensure that they don't use your ignorance of the law against you.

 

I have told her not to phone them and I will try and knock up a letter with the help of this site.

 

Good advice, also tell her to inform all callers that the call is being recorded and that she will only discuss the matter in writing followed by put the phone down

 

She is on benefits with a young child and struggling for money so if they want a repayment plan it needs to be reasonable and to her terms not the crazy amounts those morons in planet DCA dreamland want, preferably I don't want her paying a penny to these as I hate DCA's and would love to kick their ass but somehow I think there is no way of getting out of it?

 

Have you contacted national debt line on her behalf for advice and get her into a DMP if needs be National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

What the f##k is the 25% admin charge about????? Surely they can't do that?

 

Not allowed to charge this as breaches OFT guidance on debt collection.

 

Advice on the above, answers to my questions and what should be done next will be appreciated.

 

thanks

 

Scan & Post the document that was sent (minus personal details) if you can

 

Send a SAR to BT as the original creditor and a CCA to the DCA.

 

Include a line in both letters that states you want everything in writing and that until you are conviced that the amount owed on the account is factual the matter is indispute.

 

Post both next day delivery tomorrow.

 

Data Protection Act - Subject Access Request Generator *** New *** enc chq/po for £10

 

Creditors and DCAs - Letter Templates & Budget Planner letter N enc chq/po for £1

 

Download the budget planner and get her to fill it in - you'll need to do something like this for any DMP anyway.

[nffc]

Answers to the above (sorry I don't know how to do multiple quotes!)

 

Sorry i don't have a scanner, I might be able to use one at work tomorrow. I have quoted it word for word, It is commercial credit service headed paper definitely nothing from the court. What do you mean by you think it looks 'moody'?

 

It does not have a Dudley county court ref number no. I don't understand why they have specifically chosen Dudley but as you say it sounds like they are trying to frighten her.

 

What do I do for her about the 25% admin fee that these have put on the debt?

 

I did not know that they needed a credit agreement for a telephone bill so I will get onto that one straight away and CCA them tomorrow recorded delivery. And is the S.A.R request to look for charges that BT could have put on?

[nffc]

What do I do for her about the 25% admin fee that these have put on the debt?

 

 

Is there some sort of letter on this site to tell them that they can not put an admin charge on a debt? Or shall I just go ahead and CCA them and we'll wait for their response? it is a recent debt from this year so will they will probably have one?

[conar686]

Answers to the above (sorry I don't know how to do multiple quotes!)

 

Sorry i don't have a scanner, I might be able to use one at work tomorrow. I have quoted it word for word, It is commercial credit service headed paper definitely nothing from the court. What do you mean by you think it looks 'moody'?

 

Moody=Suspect. This would appear to be an attempt at scaring her into payment.

 

It does not have a Dudley county court ref number no. I don't understand why they have specifically chosen Dudley but as you say it sounds like they are trying to frighten her.

 

What do I do for her about the 25% admin fee that these have put on the debt?

 

Ignore it as they are not able to charge this - I'll look for the reference.

 

I did not know that they needed a credit agreement for a telephone bill so I will get onto that one straight away and CCA them tomorrow recorded delivery. And is the S.A.R request to look for charges that BT could have put on?

 

Your right about the CCA & Telephone bill must have had a 'brain fade' when I said that.

Send a SAR to the BT and copy the letter to the CCS. Remember to state that you are disputing the account until they fully comply and all the oother stuff about in writing only & no calls - can she not get incoming calls?.

 

I'll look for the detail on charges-its either in teh act or in the OFT guidance.

[conar686]

Is there some sort of letter on this site to tell them that they can not put an admin charge on a debt? Or shall I just go ahead and CCA them and we'll wait for their response? it is a recent debt from this year so will they will probably have one?

 

The Office of Fair Trading Debt collection guidance document Final guidance on unfair business practices July 2003 (updated December 2006) which states that unfair business practices include:

a. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

b. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

c. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

d. Applying unreasonable charges, for example, charges not based on actual and necessary costs

e. Applying charges which are disproportionate to the main debt

f. Leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

g. Asking or instructing debtors to make contact on premium rate telephone numbers

h. Falsely implying or stating that action can or will be taken when it legally cannot

i. Putting pressure on debtors or third parties is considered to be oppressive.

j. Passing on debtor details to debt management companies without the debtors' informed prior consent

k. Misleading debtors into believing they are legally liable to pay collection charges when this is not the case

 

I've emboldened all the ones I think the DCA have either failed to observe or that close to failing it doesn't matter.

 

Write the DCA a letter pointing out the above areas of concern, include a copy of the SAR to BT and all the other bits about writing & phoning.

 

You could add the following just in case they threaten to visit.

 

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people 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.)

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Keep in mind though this is only guidance the DCAs ignore it but if they do and you complain to OFT/ICO they should take a dim view.

 

We can forget the CCA as BT agreements aren't regulated by them.