DCA Payment Methods rip off

[phoenix11]

Hi

 

Can anyone help me with a DCA who has agreed to accept a payment of £1 (after receiving a letter demanding full payment, ignoring correspondence and sending one back putting them on notice to provide outstanding info which has only just come to light about previous payments).

 

 

They rapidly sent a payment book.

 

However, it has to be paid into the Post Office who charge £2.50 fees!!!!

 

As this is for my son, I need to fire off another letter demanding that they give a payment method that does not increase the burden of debt and allows him to just pay his £1 per month.

 

Can I do this - can I insist they allow him to pay directly into a bank (by cash - he has no online banking facility)??

 

If not, what are our options to sort this out as there is no way he's going to be paying £3.50 every month!!

 

 

The debt, BTW, was originally with NatWest and dealt with by Rockwell who seem to have lost the contract??

 

We are also trying to find out why payments made in 2008 were reversed 14 months later.

 

Is there any mileage in harassing NatWest again and putting the account in dispute???

 

Many thanks.

 

 

Should also just point out that I have extreme problems using this site as so much is either not visible any more (eg I cannot sign in from the main page as the ID and password boxes are not visible - have to click on a link in an email which takes me to my messages and sign in that way) and cannot see other data at all.

 

So I may find it difficult to get back here.

 

[Guest Cartaphilus]

They rapidly sent a payment book.

 

However, it has to be paid into the Post Office who charge £2.50 fees!!!![/quote

 

Oh, yes, that also annoys me and more than a few did it to me. I think the general idea is so you get fed up of paying such a small amount, they think you will then pay the lot or a larger amount eg just to annoy you. They know full well you have to pay a few so I also think it's deliberate as well.

 

I think the general advice would be to request their standing order details. But I see you said he's no online access so bank but that may also carry fees as odds on it will be with a bank you don't bank at so they will charge like the PO book. They can't refuse this as it's a valid method of payment. I got very fed up with them doing this, so paid by another method and told them why in a letter; at the end I also invited them, in the event of any arguments over it, to write back and tell me why they disagreed with it. They never did, as long as they get the money somehow they can't say you aren't paying. Sorry for waffling.

 

If, by contract, you mean a credit agreement then if they've not supplied one then, certainly, it would class as still being in dispute. If they've lost it, even more so. They shouldn't even be asking you for money or demanding you pay anything.

 

PS I forgot to say that you are perfectly entitled to ask of them to pay by another method which as they are a company accepting payments they should have no problems in giving you. What I am saying is they can't dictate how you pay, what if you couldn't get to the post office, you were disabled for example? Makes not one jot to them, of course, they won't care but just given that as an example.

 

It would also need to be put into dispute with Rockwell, as they are the DCA now handling the account.

 

For this (and I know it's another common thing with DCAs, unfortunately to say no one has paid):

 

outstanding info which has only just come to light about previous payments).

You could lodge a complaint with the FOS, who should then contact Rockwell (?) and get the matter looked into. It's a financial ireregularity ie book-keeping on their side and a failing to keep accurate records of payments made. Or also the OFT. If I understand where you say about payments correctly.

Edited September 8, 2010 by Cartaphilus

[harrassed senior]

 

 

Should also just point out that I have extreme problems using this site as so much is either not visible any more (eg I cannot sign in from the main page as the ID and password boxes are not visible - have to click on a link in an email which takes me to my messages and sign in that way) and cannot see other data at all.

 

So I may find it difficult to get back here.

 

 

This may be due to the recent upgrading of the site. Old bookmarks no longer work. I found that if I cleared my old bookmark and then came onto the site via a new link from the address bar, I was then able to bookmark the new 'home' page and all should be OK. Having said that, what browser are you using as I know people are having problems with that too. I use IE8 and don't have problems, but it works with some others too.

[Papa_Smurf]

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any

credit reference agencies

.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown

of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest

or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME - don't sign

[Halibutt]

Phoenix - you can offer to pay them in any manner you wish. Put your proposals in writing to them, stating how much you intend to pay and when.

 

You can offer to set up a standing order, etc. Send the letter by recorded delivery and keep a copy and receipt.

 

If they refuse your offer of payment, then they have no leg to stand on in court - you've offered payment in good faith and they have refused. It would get chucked out of court quicker than a funnel web spider in your underpants.

[phoenix11]

Sorry - when I said Rockwell had lost the contract, I meant their contract with NatWest as the DCA - it was passed to another DCA which I

won't mention so it's not searchable.

 

The problems with the site are nothing whatsoever to do with bookmarks!! It's because whoever opted for this new site failed to ensure it

was still useable for people with older equipment and spec.

 

The debt is an outstanding bank account. We have been supplied with copies of the bank statements so there is nothing to demand from

them in the way of credit agreements.

 

Thanks Cartaphilus and Halibutt - that's very helpful and gave me some extra stuff to work with so I can send off the letter today.

 

Barstewards the lot of them.

 

I will be taking up the refunding of the payments with NatWest directly as they will really be the only ones who can explain what they did and

why they did it when the debt was being handled by Rockwell and the money was paid into NatWest every month.

 

Many thanks, guys.

[Hardupnotfedup]

Quite simply why not ask his bank for online banking facility and use a pc anywhere.

you can set up bill payment facility this is free.

You choose when and how much to pay bearing in mind it can take up to 4 days to reach the creditors account.

It makes life so simple for bill paying.

[reallymadwoman]

Failing that, if you want to annoy them as much as they've annoyed you, send them a £1 postal order every month. And forget to put the stamp on.

[phoenix11]

Hi Hardup - he's got a basic account and managing that online would be very stressful for him as he only has internet access from the

library or my machine which he gets very frustrated with.

 

It may be something he could take on board eventually but not right now as is.

 

It would be the ideal solution because that's how I manage my own payments despite the DCA not liking it.

 

 

Madwoman - nice thought for a laugh, just that if the PO goes walkabout, we'd have no proof of posting or them receiving it.

[Undercover-Elsa]

Might be stating the obvious, but why not have your son give you the £1 per month as cash then you set up a Standing Order from your account?

 

Elsa x

[Guest Jason King]

I was in a similar situation with Fredrickson telling me to pay this way and that but in the end I decided to just send a £1 coin each month via post with my details enclosed.

 

This annoys them but I've been doing it for 3 years as I told them I have no banking facilities.

 

They can't really do much, I'm paying the darn thing.

[phoenix11]

Elsa - have thought of that, but I'm not sure how I feel about it - if we can't get it sorted for him to feel he is in control of his payments

(which is important for him) then that's a route I'll have to consider.

 

However, first we've got to get their bank details from them, or an agreement for him to pay it into NatWest as he did before.

 

Jason - 3 years at £1 a month - love it!!!

[smurfetty]

I have noticed this! some charge when you try to pay on their website!