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ronin666

Allied International Credit.

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Just received a letter from these boozo's in which they have stated that a referral fee of £570.63 is included in the outstanding balance.

 

A bit confused as to whether they can do this or not.?

Is this not a unlawful penalty?

 

Any help much appreciated.


Barclays Data Protection Act sent 08/05/06

Received by them 09/05/06

Response letter received from them 11/05/06

Barclays Statements received 24/05/06

First letter to Barclays sent 25/05/06

Response from Barclays received 01/06/06

Moneyclaim filled 14/07/06

Barclays acknowledge 21/07/06

Barclays defense received 18/06/06

AQ returned to court 25/8/06

 

Cahoot DPA sent 08/05/06

Received by them 09/05/06

Response letter with list of charges received 30/05/06

Prelim letter posted 02/06/06

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A referral fee is usually a fee related to the collection of a debt rather than a penalty charge. In other words, the DCA seeks to claim their fees (and more, usually) from the debtor rather than their client.

 

The OFT guidelines on debt collection says:

 

Charging for debt collection

 

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

 

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

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

e. applying charges which are disproportionate to the main debt.

 

In other words, unless DCA can show:

 

1. that the original credit agreement not only says that such charges may be payable

2. that the agreement says how much they will be

3. any such charges are based upon actual and necessary costs

4. that any such charges are not disproportionate

 

- then they can't charge them. I've dealt with a couple of cases, for clients, where a specialist car finance DCA was trying to add its own fees to the debt; they said that the amount was the same 'whether you owe £1 or £1m", which basically demonstrated that they were not compliant. The contract stated 'we may add the costs of collection', but TS said that this wasn't enough - it didn't fulfil the requirements. Ultimately the company admitted that they couldn't enforce their fees, but a manager told me that 99% of debtors never questioned them.

 

American Express and the DCAs they use seem to favour the 'referral fee' approach. I suspect that it's a device - if you just pay up then they've made more money; if you argue it gives them some space to negotiate whilst not actually losing anything. I've yet to see an Amex agreement (RMA having failed to meet CCA requests), so don't know what they say - I suspect they aren't compliant with the guidelines, however.

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*Cough* gee that's nice of them.

As my Red friend points out this is completely out of order.

 

Of course before you even think about paying these clowns you MUST ensure they have the legal right to collect this debt.

 

 

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.


Be VERY careful whose advice you listen too

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Right have sent a S.A.R - (Subject Access Request) to Amex requesting copies of my statements because i know there are late payment fees on there and i'm gonna fire off a CCA to Allied, although i did try this with Newmans who were trying to chase me previously and they sent a very bad photo copy so maybe Allied will respond as well. Altho from what i've read about them on here about them maybe not.

 

Edit just a thought when Amex reply to my SAR should it not include details of how much they sold my debt for? Just a silly thought but isn't that data regarding to me! Please feel free to shoot me down on this point lol


Barclays Data Protection Act sent 08/05/06

Received by them 09/05/06

Response letter received from them 11/05/06

Barclays Statements received 24/05/06

First letter to Barclays sent 25/05/06

Response from Barclays received 01/06/06

Moneyclaim filled 14/07/06

Barclays acknowledge 21/07/06

Barclays defense received 18/06/06

AQ returned to court 25/8/06

 

Cahoot DPA sent 08/05/06

Received by them 09/05/06

Response letter with list of charges received 30/05/06

Prelim letter posted 02/06/06

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IF they respond with an "agreement" it must be readable, a 15th generation photocopy just wont cut it.


Be VERY careful whose advice you listen too

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Edit just a thought when Amex reply to my S.A.R - (Subject Access Request) should it not include details of how much they sold my debt for? Just a silly thought but isn't that data regarding to me! Please feel free to shoot me down on this point lol

 

Nope. That data is sensitive commercial information, which is excempt from the DPA 1998.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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ALLIED INTERNATIONAL CREDIT

TRIUMPH ASSET SERVICES

RED KNIGHT RECOVERIES

NEPTUNE INNOVATIONS

 

The above names are all the same company, so if ALLIED pass it on to another one of these you are one step ahead ;)

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Oh well it was just a silly thought pity there is no way of finding out cos it would really show what kind of people these DCA's really are.

 


Barclays Data Protection Act sent 08/05/06

Received by them 09/05/06

Response letter received from them 11/05/06

Barclays Statements received 24/05/06

First letter to Barclays sent 25/05/06

Response from Barclays received 01/06/06

Moneyclaim filled 14/07/06

Barclays acknowledge 21/07/06

Barclays defense received 18/06/06

AQ returned to court 25/8/06

 

Cahoot DPA sent 08/05/06

Received by them 09/05/06

Response letter with list of charges received 30/05/06

Prelim letter posted 02/06/06

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