Droyds Debt & Collection Service - Can they demand the FULL amount?

[geordieman]

Hi

 

Hi

 

Droyds (Apt name!) appear to be collecting for a 'La Redoute' account of my wife. The total amount is about £350, we have never received an official default notice not anything to show that Droyds have bought the debt, so I’m guessing that they are acting simply as a collection agency and pocket a fee. Last payment was about 4 month ago.

 

They are demanding the full amount payable with 7 days. Can they do this?

This is the 1st letter

 

We are a specialist DEBT COLLECTION organisation

 

Due to the persistent non-payment of your La Redoute account we have been instructed to collect the outstanding balance. You need to act immediately to avoid further action against you.

 

If you fail to respond, we can instruct our solicitors to commence LEGAL ACTION in the county court. This could result in a judgement being recorded against you that could affect your credit rating and prevent you from obtaining credit. This LEGAL ACTION would result in the following additional charges:

 

County Court Claim Fee £30

Solictors Cost £50

Judgement Cost £22

Total £102

 

We require you to pay the outstanding balance IN FULL by XX JULY 2011 (14 days after the date on letter)

 

DO NOT IGNORE THIS LETTER

 

I wrote offering a repayment plan, they refuse so I sent a template letter from the library asking them to re-consider. They refuse. Ironically the amount I offer to repay is more than what La Redoute’s min payment was/is !

Letter No 2...

 

 

We have tried to contact you by letter and telephone on a number of occasions, without success.

 

Our client, La Redoute has given us the authority to take LEGAL ACTION to recover the full balance and we are prepared to do this if you do not clear your account in the next 7 days.

If you cannot do this we can help you to avoid legal action and we are willing to discuss an affordable repayment scheme with you. To take advantage of this we need you to contact us within the next 3 days

 

Etc etc etc etc

 

So I am more than willing to pay about £20 per month, but they demand the lot. Surely they cant do that, demand the full amount

 

I think £20 is very reasonable for the total amount... any idea's how I should reply (complaint etc)

[BRIGADIER2JCS]

They ca of course demand the full amount

if you have been informed that they have

been assigned to collect the debt by the original

creditor.

[geordieman]

Sorry Brig ...I dont understand.

 

I haven’t received anything other than their (Droyds) letter.

[count orlok]

They can demand what they like, likewise you could write back to them demanding that they write it off. Doesn't mean it's going to happen. Write back to them again, this time offering £1 less. When you send the letter obtain proof of posting, this is all the proof you need that they have received the letter. If they do not accept your offer, send them another letter offering £1 less. Alternativly set up a standing order paying what you can comfortably afford to the original creditor not the droyds, and ignore their letters.

[BRIGADIER2JCS]

Hi don't know about that post seems

to have got scrambled.

If they have given you a written

notice of assignment

that says they can collect the debt,then yes

they can demand payment of the debt, if you

have not been told by the original creditor that

the debt has been assigned to them to collect

then you can ignore it until you get the notice of

assignment.

rig.

[count orlok]

BTW Droyds can't take you to court, only the owner of the debt can do that, they are trying to scare you. When it comes down to it there is not much they can do. There only weapon is fear, they don't even have the comfy chair. "Nobody expects the Spa... Sorry about that but really if you pay what you can there is nothing to fear, even if you couldn't afford anything they "can't get blood out of a stone".

[count orlok]

Of course as the Brig says without the NoA they shouldn't even be writing to you, but in my experience they usually forgo an official NoA or even send a "forged" one and go straight in with just a mention that the OC has asked them to collect.