Daniel Silvermans charges add to alleged debt as they threaten me with BR.

[MARTIN3030]

No doubt they will be seeking more fees from their clients for this escalation in demands.

From the reports that we see on the site,it seems nothing much changes.

I will change the thread title so that it reflects and draws awareness to the issues.

Just another one of many.

I might email Carol Hughes DS director and ask if she cares to comment ?

[MARTIN3030]

She is a registered member but has not been here for some time.

In fairness,she has offered to investigate complaints in the past,although these have been actual clients rather than those DS have been chasing.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?207371-Worst-experience-with-Daniels-Silverman-as-a-customer&p=2263485#post2263485

 

post 6

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?116080-Very-abusive-letter-from-debt-coll-re-parking-fine-HELP&p=1176463#post1176463

 

post 23

[MARTIN3030]

You say that you sent a lot of the stock back and have made some payments.

Can you say what the arrears were at the start and what they remained after the adjustments for the returns / payments plus the restock fee ?

 

Had you offered a repayment plan in writing to the original creditor ?

Had they indicated that they would engage debt recovery ?

[MARTIN3030]

Now it does seem a little ironic that the poster here has reported threats of BR.

 

Just look at what DS posted on their OWN website last November.

 

 

Monday 8 Aug, 2011

Credit management and collection company Daniels Silverman has seen a massive 250% increase in the number of consumers it is collecting debts from becoming insolvent through bankruptcy or individual voluntary arrangements (IVAs) in the last 6 months.

Carole Hughes, managing director, Daniels Silverman, says: “People are really struggling to make ends meet and are resorting to extreme measures to try and get rid of mounting debt. The increase in insolvencies is worrying and is likely to continue as the costs of living and unemployment rises.”

Daniels Silverman has also seen a 400% rise in the number of consumers requesting additional time to pay their debts.

Hughes adds: “Becoming insolvent should be a last resort. As outgoings increase people are asking for much more time to settle their debts and are making low repayment offers of around £1 - £10 per month. Creditors are being more flexible about repayment plans and we encourage those struggling with repayments to discuss their concerns.”

[MARTIN3030]

Also worth pointing out,is that DS are members of the Credit Services Association whose codes of practice (which members are expected to comply with) says this;

 

Codes & Standards

 

The CSA works for the benefit of those companies active in relation to unpaid credit accounts; debt recovery, tracing and allied professional services. As part of its function the CSA aims to promote best practice throughout the industry and has developed its Code of Practice to which all members must adhere.

This code is now the benchmark for Best Practice in the industry, assuring quality and professionalism in the services members provide.

Members should:

 

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

[MARTIN3030]

Failure to uphold / follow codes of practice to which a business is subscribed to is a breach of Consumer Protection from Unfair Trading Regulations (CPUTR) 2008

[MARTIN3030]

Well as has been pointed out,DS are expected to be compliant to codes of practice and fair business practices to which they are subscribed.

They are also holders of a Consumer Credit licence.

Although the OFT guidance on debt collection practices is applicable for issues under CCA,I think there is a case to argue that a holder of a CC licence should be seen to be operating and dealing with debtors in a fair and reasonable way.

Demanding repayments that are beyond the scope or means for a debtor to pay is certainly not fair business practice.

They have even added to the debt by the extra amounts they have levied,which represents an extraordinary amount.

There are some consumer regs which also apply to small /micro business.

[MARTIN3030]

Yes agree completely.

I have personally helped 2 or 3 friends in business who have had problems with these.One was using their services for recovery of a bounced cheque.Despite paying lots to DS he ended up with nothing from DS and having to use the Police and Courts to get his money back.

The other 2 cases involved businesses where DS had got hold of ex equipment lease / rental agreements that had been defaulted on.

In both of those cases,a large amount was added and yo-yo'd up and down with discounts being offered.

In both cases their demands were ignored despite threats of BR and field agents/bailiffs.

[MARTIN3030]

Hello Sarah,

If you can send the info to any site team via pm we can remove any identifiers.

[MARTIN3030]

I saw you dont have enough posts for pm,so you can send it via admin [email protected] and mark it fao site team.

[MARTIN3030]

Thanks.

We have NDL the site I will alert them to pop in here,and see what can be done.

[MARTIN3030]

All overdue invoices will be referred to Daniels Silverman and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other legal fees incurred will be the responsibility of the customer and will be legally enforceable.

 

 

Just because its in their terms and conditions it does not mean that these charges are fair or in proportion.

For example how can 15% of an outstanding balance of £100 which with Vat would be £18.50 for DS for writing a couple of letters be considered fair to someone with an outstanding balance of £10,000 which would involve the same work from them yet give them a tidy earner ?

[MARTIN3030]

Never saw this site before-business debtline.

http://www.bdl.org.uk/englandandwales.asp

Maybe worth a look !

[MARTIN3030]

Indeed it is.

[MARTIN3030]

any further news ?

[MARTIN3030]

Thanks for update.

It is not for DS to ask to be given specifics as to what capacity TS are

involved,since their capacity should be fairly obvious.

Unfortunately consumer protection regulators are over stretched and so it can make all the difference if you do some homework and present it to them on a plate.This is a benefit of sites such as CAG,where you will get some help to put your case over.

If DS have failed to supply you with a copy of their complaints procedure when requested,this is a serious concern and one which should be reported.

 

DS should know by now,that where these instances are reported on this site,that they will be further exposing continued practices which we have seen fromm the past.

At no point have you denied any liability to what you legitimately owe,nor have you sought to avoid to deal with these arrears.

The CAG does not condone nor support debt avoidance,and we understand that in a recession late payments and non payments can threaten the survival of businesses,but there is always a case to look who will be the biggest victim,and from where I am standing,and from what we know,Daniel Silverman appear to be the only beneficiaries at the end of the day.

I am not in receipt of info as regards any contractual details between your supplier and DS for obvious reasons,but it could be the case that they are using DS for other collections.

I do know the usual arrangements since I have copies of docs they furnished to a good friend of mine who engaged them to deal.

It would be nice to be able to report something good about DS,as I cannot believe that any company can continue to trade for so long without achieving some success in what they do and achieve it by playing by the book.

Keep us updated.

[MARTIN3030]

Its hard to say just what the real truth is.

In any event,you are not really going to know just who DID arrive at the figures.

You are entitled to be furnished with this information by the supplier.

It may be an idea to actually ask the supplier to give you this breakdown,on the basis that you have sought it from DS but they maintain that they are not able to say,since their client have calculated the amount due and payable.

 

This is usually referred to as lighting the touchpaper and standing well clear

[MARTIN3030]

Its also interesting that this thread has almost 2000 views.

There have been 13 different posters.

[MARTIN3030]

Good info.

I think it should be remembered that the OFT Debt collection guidance is primarily concerned with issues regulated under CCA.

But there is certainly scope to be questioning unfairness elements.

We have seen Payday loan Companies sanctioned for bad practices.

 

CPUTR 2008 also offers some gems,and can be applicable to SMEs where other regs give no protection.

I will email the OP to see if they can update.