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

[postggj]

The simple answer is they cant add extra for debt collection unless an agreement has a caveat within it

[BRIGADIER2JCS]

Pay the legit fees and stat charge and tell the ***** the rest.

[postggj]

Could not have put it better myself

[BRIGADIER2JCS]

I did a bit of under taking when I was a student, and was staggered at the profit they

made, they are sometimes parasitic in their attitude.

[cerberusalert]

Company Profile Report (CPR)

 

Commercial Debt Management

Company Name: THE DEBT RECOVERY BUREAU LIMITED LIABILITY PARTNERSHIP

 

 

 

Previous Name(s): NDCB LIMITED LIABILITY PARTNERSHIP (until 06/03/2006)

 

Registered Number: OC316500

 

Registered Office: ONE CRANMORE

CRANMORE DRIVE

SHIRLEY SOLIHULL

WEST MIDLANDS

B90 4RZ

 

Incorporation Date: 01/12/2005

 

Country Of Origin: United Kingdom

Company Type: Limited Liability Partnership

 

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2009

Next Accounts Due: 30/09/2011

 

Last Annual Return: 17/11/2010

Next Annual Return Due: 15/12/2011

 

Company Status: Active

Type of Accounts: TOTAL EXEMPTION SMALL Accounts

 

Nature Of Business: None Supplied

 

 

Filing History

 

 

02/12/2010 ANNUAL RETURN MADE UP TO 17/11/10

02/12/2010 LLP MEMBER'S CHANGE OF PARTICULARS / MR CLIVE AUBREY MARGETTS / 08/11/2010

18/08/2010 LLP MEMBER'S CHANGE OF PARTICULARS / MR CLIVE AUBREY MARGETTS / 31/07/2010

05/08/2010 31/12/09 TOTAL EXEMPTION SMALL

12/01/2010 ANNUAL RETURN MADE UP TO 17/11/09

07/09/2009 31/12/08 TOTAL EXEMPTION SMALL

22/01/2009 ANNUAL RETURN MADE UP TO 17/11/08

22/12/2008 MEMBER RESIGNED JOANNE SWANN

19/02/2008 TOTAL EXEMPTION SMALL ACCOUNTS MADE UP TO 31/12/07

27/12/2007 MEMBER'S PARTICULARS CHANGED

27/12/2007 ANNUAL RETURN MADE UP TO 17/11/07

30/09/2007 REGISTERED OFFICE CHANGED ON 30/09/07 FROM:

G OFFICE CHANGED 30/09/07

23 HIGHFIELD ROAD

EDGBASTON

BIRMINGHAM

WEST MIDLANDS B15 3DP

28/09/2007 TOTAL EXEMPTION SMALL ACCOUNTS MADE UP TO 31/12/06

22/11/2006 ANNUAL RETURN MADE UP TO 17/11/06

06/03/2006 COMPANY NAME CHANGED

NDCB LIMITED LIABILITY PARTNERSH

IP

CERTIFICATE ISSUED ON 06/03/06

01/12/2005 INCORPORATION DOCUMENT

CERTIFICATE OF INCORPORATION

 

 

Mortgage Data

NONE

 

 

 

 

Report Generated 27/06/2011

[ScarletPimpernel]

We have seen a similar type of operation before, about a year ago. What the DCA is doing is acting as if the debt is commercial, where adding collection fees etc., is allowed. The opposite is true where a consumer debt is involved, which the funeral expenses are. They are no doubt hoping to capitalise on most people's ignorance of the law and their rights.

[BRIGADIER2JCS]

That seems absolutely right I notice the act for members of quite a few trade associations

on debt so if the FD has gone through a TA they'll try it on.

[unclebulgaria67]

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.

 

I would question the advice given that your son had a legal obligation as next of kin to pay the funeral costs. If he was told this by the funeral directors prior to signing the contract with them, then I would check the advice given. The contract could be made null and void, if he was advised of a legal duty that did not exist.

[angiebun]

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

 

We had been divorced many yeaers

[Happyhippy1959]

Can this rotten industry get any lower............... *********************** outrageous outrageous *************

[BRIGADIER2JCS]

Yes I'm afraid it probably can Hippy!!!

[sillygirl1]

Found a pitiful listing for them on the Credit Services Association website.... another pitiful organisation!

 

http://www.csa-uk.com/uk-members-list/details/220/the-debt-recovery-bureau-llp

[BRIGADIER2JCS]

I find more and more problems with the ''Trade Associations'' who use companies

like this, the organisations are paid to list the trades person, and they are then given access

to this kind of company.

[unclebulgaria67]

I often find that threads can get confusing for the OP, just because of the way it develops with various bits of info being chipped in.

 

To summarise, I would say the OP needs to send the letter onto her son and suggest that he takes further advice about this ( Citizens Advice ?). As far as we understand it, this is a consumer debt, NOT commercial, so the collection fees cannot be added. There is also a question as to the information he was given when he signed any contract with the Funeral Director, as it would appear he was told he had a legal duty for the fees as the next of kin, before he signed the contract. The OP's son should find out exactly what fees he would have had any legal responsibilty for. It is suggested that only 'certification fees' are a legal priority to pay. If he can find out the exact position with this, then hopefully get the debt collectors to back off and negotiate a settlement with the Funeral Director, as to what is legally due.

[2Grumpy]

The OP said that some of the bill had been paid, surely this would cover the statutory element?

[angiebun]

Thanks to all who have posted, my family are trying to get the money together to pay in one go in the next week or so, we will take the money directly to the funeral directors (aalthough the Debt Recovery Bureau states in their letter it has to go direct to them to save "significant delay processing through ourselves") Then they can whistle. Fair enough?

[angiebun]

5880190

 

please confirm the company registration number

 

Apologies to all who have gone to the effort to find info on this company, I posted the wrong Consumer Credit Licence Number (I was so upset yesterday) The correct number is; 580191

[BRIGADIER2JCS]

Agreed.

[angiebun]

Ok, the plot thickens! I have just spoken to my son who has spoken to the funeral directors. My son asked for a copy of the contract to be sent out. The FD said there isn't a contract as such, just a copy of the estimate with my sons signature on it. He has also said that they have in fact sold the debt to to the Debt Recovery Bureau (although the letter from them states; "we have been instructed by the above named client in order to fully recover the outstanding amount", and that it is now out of their hands) yesterday when I called the FD said they would contact the DRB to see what they could do to reduce the charges, then called me back to say that at a minimum the would be adding the £150 admin cost. I get the distinct impression that someone is talking c@$p! Does the absence of an agreement put a different spin on things?????? I really don't understand what the hell is going on!

[BRIGADIER2JCS]

That is honestly the biggest load of twaddle from a supposedly professional business, an estimate

is not binding on either party but a quotation is, this is totally unfair trading and I think a minimum of a

complaint to trading standards and a formal complaint to the DCA and the undertaker and put the account into dispute.

[unclebulgaria67]

Depends on the estimate form being used i.e what it says. If it makes it clear that by signing the form, the consumer is responsible for the amount of the estimate for the services to be provided, then I cannot see a problem with that. They are entitled to pass/sell on the debt, after they have allowed reasonable opportunity for the bill to be paid. But I don't think the debt collector can in these circumstances add on any charges. They can only collect the amount that is outstanding.

 

What I would suggest that the OP's son does is make a complaint using the NAFD code of practice. http://www.nafd.org.uk/funeral-advice/about-us/code-of-practice.aspx

 

This will involve a written complaint to the Funeral Directors, advising that you will refer this to the NAFD if necessary to look into the way matters have been conducted. Once the matter is subject to a complaint I would expect the FD to contact the DRB people to advise them to stop collection activity while the complaint is ongoing or to take the account back until resolved.

[angiebun]

Thanks again for all your posts, I will let you know what the outcome is. Great site by the way!