my son's father died - i couldn't afford funeral - now Debt Recovery Bureau LLP are adding 50% charges to the debt!!

[angiebun]

Hello to all! Please be gentle as this is my first post.

My Childs father died in 2008 and he had to pay the funeral costs, (I have not been in a postion to be able to help with this) He agreed to pay the costs over a period of time but with no set agreement, and has been paying as and when he can (the original debt was £1500 and the last letter I saw said the amount outstanding was £627) My son has been working away for some time and it was only the other day when a registered letter arrived that I opened any of his post. The letter is from a place called the Debt Recovery Bureau LLP and states that they have been instructed by the funeral director to collect the money on their behalf. However, they state the total outstanding to now be £927 ( I have spoken to the funeral director and he said that is the charge the DC makes for contacting my son plus the DCs own charge of 48% of the debt). The funeral director also told me that debt of this kind has a different set of rules to other debts.

When I spoke to the funeral director I asked if we could finalise payments by the end of July without further charge and he has told us that no matter what we have to pay £777 which includes £150 costs to the DC. Is this correct? Is there anything we can do about this? Thanks in advance for any replies or suggestions.

Edited June 27, 2011 by angiebun
Miised out details

[postggj]

The dca cannot add collection charges to the account

 

ill look into this lot

 

back later

[angiebun]

So fast! Thankyou so much

[postggj]

Does the letter from this company have a companies or consumer credit licence number on it

 

its normally at the bottom of the letter

[rebel11]

Good stuff, postggj.

 

Thread moved.

[angiebun]

Yes it does, it is; 5880190

[dx100uk]

ruddy fleecers!

 

even in death they have the cheek to try and add unlawful charges

 

disgusing

 

dx

[dx100uk]

i've changed the thread title to embarrass them even more

 

dx

[Jonny_J]

Their web site is childish at best, and suggests that they're members of the National Association of Funeral Directors

 

Could this be what was meant by "Different to other debts"

[Jonny_J]

Here is a list of their "success Facts"

 

In order to provide you with a flavour of how successful our debt recovery service is, we list below just a few pertinent details

 

For every £1 paid to The Debt Recovery Bureau, £8.57 is returned on average to the client

 

Oldest debt collected was 8 years old

 

Quickest debt collected was just 20 minutes following referral

 

Smallest debt balance fully recovered was £31

 

80% successful trace rate

 

20% of all referrals are settled within one calendar month of receiving the referral

 

Approximately four out of every five debts referred are ultimately recovered

 

Only 6% of referrals require litigation to recover the outstanding balance

 

8 Years for the oldest debt? Statute Barred?

[harrassed senior]

Hi, condolences for your loss, but I believe the title may now be wrong?

 

Practically speaking, who was the next of kin to your sons' father, I assume that as he was responsible for this expense, then it was he.

 

Was your son in receipt of any benefits, and did he make all of the arrangements and agree the cost.

 

There are benefits/payments which are claimable at the time of a death for the next of kin.

 

Reading this will help: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

 

My advice would be to stop all correspondence and insist that all contact is now in writing only. Certainly do not believe all you have been told.

 

As above, there is help available from members of CAG who I am sure will be able to offer further advice.

 

One thing I would say is this, assuming that in the end it is proved who has the 'right' to collect, then all that is payable is the original amount of the cost of the funeral and other expenses and nothing more.

 

If your son can offer and maintain a regular payment which is affordable to him, then make that in writing and stick to it. You will be told all kinds of lies about it not being 'acceptable' but in these sad circumstances and given the nature of the alleged debt, no Court is going to 'come down heavy on your son' as he is making regular payments, but I really honestly think that this will go nowhere near a Court.

[cerberusalert]

Page 7 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

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.

[angiebun]

My son was definately next of kin, his father had two brothers but we were told that the costs must be paid by my son. He was working at the time and we couldn't claim anything from the social fund etc.

[cerberusalert]

If you were still married at the time of his death you would in fact be the next of kin.

[PGH7447]

So grave robbers are alive and well in this day and age

[postggj]

Name & Registered Office:

HARDY AND HARDY MARKETING ASSOCIATES LIMITED

16 CHURCH ROAD WEST

FARNBOROUGH

HAMPSHIRE

GU14 6RT

Company No. 05880190

 

 

Status: Dissolved 09/02/2010

Date of Incorporation: 18/07/2006

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/07

Last Accounts Made Up To: 31/07/2007 (TOTAL EXEMPTION SMALL)

Next Accounts Due:

Last Return Made Up To: 18/07/2007

Next Return Due:

Last Members List: 18/07/2007

Previous Names: No previous name information has been recorded over the last 20 years. UK Establishment Details There are no UK Establishments associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

 

 

 

 

 

 

 

 

 

 

 

 

 

this is not a dca and they have no consumer credit licence

[unclebulgaria67]

I presume your son has signed a contract with the Funeral Director. It will be the terms of that contract that need to be looked at in terms of debt collection costs.

 

If he is living away, then I would write back saying that he is not resident at the address, but you will forward on the letter to him, suggesting that he obtains advice about it. It is up to them to find his address, but you could expect them to ask you, which is a bit cheeky and of course you don't need to disclose. If he is working abroad, it might be useful to tell them the address, as they could then not try to obtain a CCJ which he could not defend.

[postggj]

5880190

 

please confirm the company registration number

[postggj]

Any one got a website for this lot?????

[postggj]

Its company status has been dissolved:whoo:

[BRIGADIER2JCS]

I have only ever seen this sort of thing once before with a funeral director claiming that

the debt was a ''different'' type of debt because of the statutory fees incurred for internment/cremation certificates etc.

I don't no the truth of it.

[unclebulgaria67]

Their company no is OC316500, BUT they don't appear to have an OFT licence. I can't find it .

[BRIGADIER2JCS]

Just spoken to a Trustee and estates lawyer we need them a lot unfortunately, the

only thing that can be construed as a ''priority'' are the certification fees, all this should be itemised

in detail in the FD's account rendered.

[postggj]

They do have a consumer credit licence

[BRIGADIER2JCS]

I believe they use the same ''bulk '' credit licence as solicitors.