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andrew1

Debt collection charges by dca

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I should know better on this, but can anyone tell me if a DCA can charge a debtor for collecting a debt?

 

This is for a Property maintenance charge. I live on a private estate and the upkeep of common parts outsourced to a Property maintenance company. They billed me and then set a company called Property Debt Collection Ltd on me to collect the £650.96 annual bill. PDC charged an additional £105.75 incl vat as 'costs' - is that legit? This was in 2002, but just come across their bill and thought - hey, this is not right surely?

 

Anyone?


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Not unless it's written into your original contract.


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Not unless it's written into your original contract.

Thanks, but Contract with who?

 

Theres the 15 residents who between us set up a Ltd company as a maintenance company to manage the general affairs. That company outsourced the actual maintenance work like keeping gardens tidy and trim, making sure lighting works etc. to a Property maintenance company and they were the ones who collected the charges from each property.

 

It was that company who hired Property Debt Collection Ltd to chase me. So who would I have a contract with in your opinion?


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Thanks, but Contract with who?

 

Theres the 15 residents who between us set up a Ltd company as a maintenance company to manage the general affairs. That company outsourced the actual maintenance work like keeping gardens tidy and trim, making sure lighting works etc. to a Property maintenance company and they were the ones who collected the charges from each property.

 

It was that company who hired Property Debt Collection Ltd to chase me. So who would I have a contract with in your opinion?

 

The firm collecting the charges originally I would say... Also as well as being required to be in the t&c the figure must be proportional to the debt being collected under OFT debt collection guidelines, unfortunately it doesnt give an amount or % to go by tho.

 

S.


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The relevant section from the OFT guide.

 

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.

 

Put them to strict proof that they meet the above.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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It was that company who hired Property Debt Collection Ltd to chase me. So who would I have a contract with in your opinion?

It should be within any contract you have with the company who is using the DCA.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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