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Trying to get back failed dmp fee?!

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I was on a debt managment plan a few years ago. After finding out the debt were significantly increasing and not lowering I exited the dmp. I have emailed wanting my fee back, just got this reply:

 

Many thanks for your email. As a company we take any customer, current or previous, complaint/query very seriously.

 

In relation to the arrangement fee of £80.00,

this was not payable to us this was a fee that you would have been charged by a company called Yourclear,

they used to refer new business to us that fitted the criteria to which we work.

 

They would have been initially responsible for informing you of all fees (including the initial fee) as well as advising of the service that we offer to you.

 

Then the case would have been transferred to us, after you paid your fee,

and we would have made you aware of the on-going management fee as well as reaffirming the advice in terms of the service we offer and what you would be gaining out of the plan.

 

I would normally recommend contacting Yourclear in order to escalate your query

however they went in to administration 4 years ago so if I am honest I think you would struggle to recoup any of the £80.00 fee paid to them.

 

Furthermore, and in respect of your balances increasing, you may recall that you payment plan was very sporadic in the nature of the payments you made.

This can be highlighted by stating the fact that only 21 monthly payments were made to In Control during the 37 Months that you were on the plan.

 

This, undoubtedly, would have caused issues in relation to the arrangements that we would have set in place for you

and caused your creditors, in some cases the charge you interest or charges.

 

I am unsure as to your current position in terms of the creditors that we were dealing with on your behalf,

but if you need any further help and advice please do contact me as it appears,

depending on your current circumstances,

that you may well qualify for something called a Debt Relief Order (DRO)

however, as I say, this does depend on your circumstances.

 

Sorry I cannot help any further. If there is anything else I can do, please let me know.

 

Really?

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so you are still with them?

 

DUMP THEM NOW if you are.

 

no fee paying DMP is in it for YOUR benefit.

 

all they do is take more and more fees

and

less and less actualy go off your debts.

 

as for the £80

he is diverting the blame

as these fleecing companies always do.

 

how old is this plan?

 

dx


..

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Not with them no I dumped them in 2009 when I realised that after paying over a grand in a 2.5k debt the new total was at 4.5k!!! His explanation is above "sporadic payments" .

 

I never new I had been taken to another company i thought it was all one and the same.

 

I can't believe he's had the cheek to try and get me to do a debt relief order with them!!!!

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yea i know

their fleecing or utter disreagard of any important issues toward the well being of the CUSTOMER

is incedible!!

 

was the DD going to them

 

who was it paid too?

 

dx


..

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Money went to them yes

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Lol

 

Firstly, I would like to assure you that I am not skirting around the issue. A fee of £80.00 was never paid to X in respect of initiating any service or payment plan for you.

 

Secondly, I was not trying to persuade you to take up any further business with us. A DRO is something that we don’t offer directly in house but looking at your situation and debt level while you were with us you would have qualified for one. I was merely trying to provide you with some advice.

 

In relation to escalating a complaint to the FOS I need to refer you to my director who can then send you a copy of our complaints procedure. Please let me know if this is ok with you and I will pass him this email

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under section 56 of the CCA its THEIR PROBLEM!!

 

 

dx


..

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What's that?

 

"Secondly, I was not trying to persuade you to take up any further business with us. A DRO is something that we don’t offer directly in house but looking at your situation and debt level while you were with us you would have qualified for one. I was merely trying to provide you with some advice."

 

And I bet he just happens to know a company who he can refer me to for a fee!!

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Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.


..

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I've just suggested he have a read of that

 

"As mentioned in my previous email, would you like me to pass this email thread on to my director so that your complaint/issue can be dealt with."

 

I think I should be going for a refund of all the fees

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I have forwarded the email on to my director, I would expect him to send you an initial response within the next 48 hours

 

Will update when I hear back :)

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Mmmm no reply from the "director"

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can assure you that I have forwarded the emails on to the relevant parties.

 

Unfortunately, they were not in the office on Friday and are due back in tomorrow.

 

I apologise for the delay in responding to your query.

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Haha

 

 

As I mentioned in my initial email to you no payment was made to in control debt solutions in terms of instigating a payment plan for you.

 

If you were not pleased with the service that you received here then by all means continue with your complaint/query. However as I stated before the reasons for your plans failure was the circumstances surrounding your payments and the sporadic nature of which they were made.

 

Do get me wrong, I am not in any way blaming you, merely suggesting that in my opinion it was more a victim of circumstance due to the nature of your income while the plan was in place.

 

As I say, my director is not available to deal with your query today however I will ensure that you have a response tomorrow.

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I have today received notification of your query and can confirm that Steve Bean’s response is accurate we did not charge you a set fee for your debt management plan. That charge was levied by the company that referred your case to us Your Clear Ltd.

 

I understand that you wish to pursue a complaint with In Control, if this is still the case I am obliged under our complaints policy to send you a copy of In Control’s complaints policy and request that you submit your complaint in writing.

 

Please could you provide me with your current address so I am able to comply with this procedure?

 

I look forward to hearing from you.

 

Charles Greed

 

Director

 

His name is ironic isn't it!

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