Complaining when harassed by a DCA

[Halibutt]

I started receiving letters from a DCA, saying I hadn't kept up with my agreed repayment plan and that I had to phone them, etc.

 

I replied, saying that on the contrary, I HAD kept to the plan and that I viewed their correspondence as personally distressing and invoiced them for distress caused, plus costs.

 

They refused to pay the invoice and still denied I had a repayment plan. As luck would have it, their printer monkeys (just the next day) wrote, saying,

 

"Dear Halibutt,

 

Thank you for maintaining payments in accordance with your agreed arrangement. The arrangement period is due to expire within 30 days (of xx/xx/xx) and we require new proposals from you to repay the balance remaining on your account.”

 

 

So, the reason I'm posting this is to show that it is possible to get results and give an example of the way I went about it - for anyone else wishing to take action in similar circumstances, the following is the last letter I wrote to them:

 

 

By Royal Mail Recorded Delivery

 

 

Dear Mr xxxxxxx,

 

Account Number: 123456789

 

I refer to your letter, dated xx/xx/xx and your erroneous assertion that I currently have no current agreed repayment plan with your company regarding the above account.

I quote directly from the letter received from Mr. xxxxxxx, Manager, (DCA), dated xx/xx/xx (copy enclosed for your convenience) which very clearly states:

 

“Thank you for maintaining payments in accordance with your agreed arrangement.

The arrangement period is due to expire within 30 days (of xx/xx/xx) and we require new proposals from you to repay the balance remaining on your account.”

 

Accordingly, I reiterate my assertion that either your company has failed in your written commitment to adequately monitor the above account as assured by Mr. xxxxxx in his letter of xx/xx/xx, or that you are following a deliberately vexatious course of action, disregarding my best and honest attempts to maintain my repayment plan as agreed, in direct contravention of OFT and FSO guidelines. Your letter of xx/xx/xx suggests the latter.

 

I also note your current reluctance to reconcile the invoice included in my letter of xx/xx/xx, detailing my genuine claim for undue personal distress, plus expenses incurred due to formulating and sending responses to your erroneous and unnecessarily distressing correspondence.

 

I trust that in light of your company’s previous correspondence and Mr. xxxxxx’s subsequent letter, that you will acknowledge that you have failed in your duty to fulfil your obligations in this matter under current regulation and regulatory bodies’ guidelines.

 

As a result of this, the amount outstanding from my previous invoice, in addition to charges for this letter and the enclosed documents is now £xx.xx

 

A full breakdown of the above amount is clearly set out in the enclosed invoice and accordingly, I will expect your remittance by cheque(s) to the above address within the time limits outlined.

 

As previously advised, any further correspondence necessitated in this matter that is not directly in relation to reasonable repayment arrangement requests or agreements, excepting any request(s) for a receipt for your remittance(s) for the enclosed invoice(s), will be charged at similar rates.

 

As a gesture of goodwill, no interest will be charged on the amount(s) outstanding, however, I reserve the right to add charges for late payments at a rate of £12 per invoice per 28 day period, in the unfortunate event that this should become necessary due to non-payment.

 

I would, of course, prefer to settle this situation amicably, but reserve the right to take this matter further with the OFT, Trading Standards, FOS and possible Small Claims Court action, submitting all relevant correspondence and proof of expenses, as may be necessary in the prosecution of a claim.

 

I will be responding appropriately to Mr. xxxxxx within the timescale he outlines in his letter of xx/xx/xx, to agree the continuance of a mutually satisfactory repayment plan.

 

Yours sincerely,

Halibutt

 

 

Invoice For Amounts Owed

 

RE: Account Number 123456789

 

 

xx/xx/xx - Remittance due by xx/xx/xx

 

Compensation for undue distress/time taken to formulate response/compose reply

@ £25 per hour - 1 hour, xx/xx/xx

 

£25.00

 

 

Postage cost - Royal Mail Recorded Delivery x 1

£01.35

 

 

Printing cost per A4 sheet x 2 @ 15p per sheet

£00.30

 

 

Photocopying costs per A4 sheet x 2 @ 10p per sheet

£00.20

 

 

Total:

£26.85

 

 

 

xx/xx/xx - Remittance due by xx/xx/xx

 

Compensation for undue distress/time taken to formulate response/compose reply

@ £25 per hour - 2 hours, xx/xx/xx

 

£50.00

 

 

Postage cost - Royal Mail Recorded Delivery x 1

£01.35

 

 

Printing cost per A4 sheet x 3 @ 15p per sheet

£00.45

 

 

Photocopying costs per A4 sheet x 2 @ 10p per sheet

£00.20

 

 

Total:

£52.00

 

 

 

 

 

Current Amount Owed:

 

 

£78.85

 

 

Your remittance(s) should be forwarded by cheque(s) made payable to Halibutt at the above address, by the “due by” dates stated.

 

Please note that I reserve the right to add a late payment fee of £12 per 28 day period per invoice at my discretion.

 

Thank you for your time and consideration in this matter.

 

I look forward to your timely settlement of this invoice.

 

 

Halibutt

 

 

The response was an apology and a cheque for £50 as a "good will gesture".

 

 

So, a reasonably worded complaint, backed up with irrefutable evidence can sometimes get results, even from DCAs.

I've not identified the DCA involved - simply because they actually did resolve the matter to my satisfaction, especially considering that I'm paying £1 a month, so they've covered my next four years' payments - should I still find myself in difficulties (I hope not).

 

Anyway, I hope this post might help anyone dealing with less scrupulous DCAs.

 

H. x

Edited March 31, 2012 by Halibutt

[Halibutt]

Sorry, duplicate post...

Edited March 31, 2012 by Halibutt
Duplicate post

[intend]

Excellent result

[i hate bailiffs]

[Halibutt]

Cheers guys. I think it's worth highlighting that I claimed for "Undue distress" as advised in a previous CAG thread, where the judge suggested that it would be the best way forward in a compensation claim, rather than emphasising costs.

 

So thanks to the original CAG poster (sorry, can't remember who that was now).

[Halibutt]

It was a very posh-looking cheque too, with gold lettering and a hologram:

 

[Michelangelo48]

Halibutt yYou are a star!

[up2meears]

:lol:

 

Good for you Hallibutt

[sillygirl1]

Nice one, I have advocated doing this for a while now, not had an opportunity for myself yet but will do similar should the need arise.

 

You could also add a couple of hours at the LIP rate for completeness!!

[Halibutt]

Could do Sillygirl, put I didn't want to push it. However, just had another printer-monkey letter from them saying "No agreement, blah blah" though they signed for my letter proposing repayments over a month ago and still haven't replied.

I feel another letter and invoice coming on.

 

If they don't get this sorted out as they've promised (in writing) on two occasions now, then I WILL be taking them to Small Claims Court.

[MattPop]

Excellent result! I know you didn't ID the DCA in question, but would you? Out of interest. I'm in a similar situation with Roxburge at the mo.

 

M

[Halibutt]

It's a DCA working under the umbrella of iDem Servicing - a company that a few of us highlighted earlier this year when they took over Arden Credit Management.

 

They don't seem to be particularly organised and, as with many DCAs that I've had dealings with, they tend to send out computer generated letters as a matter of course, rather than examining the current state of the account/alleged debt owed.

 

As many advise here, if you DO wish to contact them by letter to resolve any problems, it's best to address the letter to a specific person. In these cases, I always send correspondence by Recorded Delivery, though you can simply request proof of posting from the post office.

[dx100uk]

Hi everyone, I'm new to this site but registered after googling Arden to find out if other people had been having trouble with them, and to share my story and what I'm doing.

 

I had an arrangement with them (originally Mint loans) to make affordable repayments of £40 per month for 6 months. As soon as six months passed, I was contacted by phone demanding a review of my circumstances to see if the payments could be increased. I said everything was the same and I would continue to make the payments as before, and send out an updated (but very similar) income/expenditure statement because I didnt have all those details in my head, naturally.

 

From then on every day for about 10 days I got inundated wit phone calls asking for the same information, an average of 10 calls per day. I kept saying the information had been posted, but the calls still came. One staff member asked for a £10 'Holding Fee' which would stop the calls for a time, until my information was processed, and stupidly I paid this fee. I was told later this would not stop the calls.

 

Eventually the calls did stop, but only after telling them I was going to report them to the police for harrassment. I complained to Arden in writing about my treatment, and the holding fee - and had no reply at all.

 

After no reply to my written complaints after 8 weeks had passed, (and researching using internet!) I wrote to both the FSA and the OFT to complain about Arden. The FSA have just wrote back saying there is an approx. wait of 8 weeks till I hear from them again due to a large number of complaints. The office of fair trading do not investigate individual complaints, but do look into whether companies are fit an proper to hold a credit licence. So my complaint is now on their files and if there are several complaints they may investigate further.

 

That's basically my story so far. I would urge others in the same boat as me to complain in writing and hopefully get this disgraceful company closed down.

 

please start a new thread

 

see below

 

dx

[citizenB]

tvd has his own thread now. For anyone able to assist, please click on the link below.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?358710-tvd-v-Arden

[snowy101]

Could the same method be used for statute barred debts , i keep getting a continual stream of letters from a DCA for a particular debt i know is well over a year SB.

[citizenB]

I didnt think the FSA investigated individual complaints either ?

[unclebulgaria67]

I didnt think the FSA investigated individual complaints either ?

 

The meant the FOS. The FSA will not in 99.9% of cases investigate any individual complaints. But I believe that there are instances where they will, if the complaint is of a very serious nature. I presume that there will be cases where the FSA would have no choice, if they are supplied with evidence of serious breaches of regulatory rules.

[Happyhippy1959]

I have been doing that Halibut with all mine for any correspondence needed. Only had one payment from Fred's/Argoose when they sent me someone else's CCA / Application form...!!!!!!!!!!!!!!!!! At least it keep's them on there toes. Oh and as Sandanter would not refund me PPI for me Debenhams card I did the calculation and deducted it from me total, paid the balance off. They write now and again threatening all sorts but as I say, see you in court oh and £12. + the bit's and peices for paper stamp etc.... Might increase mine though to £25 !!!!!!!!!!!!!!!!! at the moment they owe me.

[LostAtSea]

Well done but the next letter will probably state that they understand that your financial situation has improved so they are cancelling the agreed payment plan and could you please phone to arrange a new one

[sillygirl1]

Or you will get put back to the beginning with another DCA threatening all sorts... in which case send the bemused letter.