Paying Advantis DCA - i'm a year in advance on Council Tax bill!!

[adridude]

Hey,

 

I was just wondering about an installment plan I have with a DCA(Advantis) to be exact. It's regarding a Council Tax bill which I totally forgot about.

 

I've happily been paying it off until I received a rude call from one of their staff informing me that I've missed an instalment.

 

When the agreement was made, they clearly stated in the mirander at the end of the call something to the effect of:

 

You have agreed to pay 'x' amout of installments, each of £5 followed by a final payment of £y.00

etc.

 

 

Having followed this, last year I knew that this year I was going to be somewhat financially strapped so I purpously paid off 3 x per month individual £5 instalments (as opposed to a whole £15) sticking to their agreement.

 

Today they called me up stating I've missed an installment as a 'minimum of £5 a month is expected). This wasn't agreed in the first place.

 

I told them, if this were the case (I counted all the installments), I would be paid up to April 2014!

 

They said it didn't work like that...

 

is this the case?

 

1) They never mentioned a minimum / month

2) They said x amount of payments in total, which I'm MORE than ahead on

3) Any idea's or templates about I can use about THEM breaking an agreement i.e. adding that a minimum / month has to be installed without informing me.

4) I asked them for a statement of ALL installments as their figures don't tally with my bank statements, and they won't provide this either :-/ They want all the copies of my bank statements instead (which I refuse to send).

 

Cheers,

 

A

 

155 views and 0 answers? Surely someone knows lol

[Bazooka Boo]

Why aren't you paying the council direct?

 

Get onto your council and demand they send you a statement re: this outstanding tax, and you want to see exactly how much you allegedly owe.

 

Inform them that you are no longer going to pay any of their chosen third party goons, and you will ONLY pay the council.

I think you've been had, it would not surprise me to find out some of this money has gone into the goons back pockets!

[adridude]

Sound advice from BB. Always communicate with the OC, especially with Council.

 

Ah thanks for that... I didnt realise that, I thought (and Advantis Credit) always made it apparent that they may enter into litigation if I miss payments.

 

Notts Council it is!

 

Cheers!

 

A

 

That reminds me... When they called, the call went likethis befire I confirmed details:

 

CAller: Hi is this Adrian

Myself: yes

Caller: My ADrian

Myself: Uh, why?

CAller: Can you confirm you live at

 

Is that even allowed?

[intend]

Advantis credit cannollt take you to court as they do not own the debt. Hence why best to deal directly with Council. Time for you to take control. Get the information from the council re payments made and balance and see if it tallies with your records.

 

Then write a simple letter to them explaining your actions about prepayments and tell them you will continue to pay the required amounts direct to them only, not some ****** DCA. If money gone missing, ie to dca will need a strongly worded response but come back when you have the info.

 

A good tip when dealing with council is inform them you are sending a copy to your local councillor - this always puts the fear of god into them

 

Intend

[ncm-000]

That reminds me... When they called, the call went likethis befire I confirmed details:

 

CAller: Hi is this Adrian

Myself: yes

Caller: My ADrian

Myself: Uh, why?

CAller: Can you confirm you live at

 

Is that even allowed?

 

 

I think it should be the other way round - they should ask you for your address to confirm they are speaking to the correct person.

 

To do with the DPA - I Suspect they are in breach if they give an address and ask you to confirm it - what if you are not that person?

[adridude]

Is there a way I can 'demand' a statement out of them and demand a proof of payment to the City Council?

 

I've already been in touch with the council and they weren't able to discuss anything over the phone due to DPA, but are more than happy to send me all paperwork needed. Unlike their so called DCA, they were helpful.

 

I'm still somewhat confirmed that the DCA's so called payment dates and amounts' over the phone don't tie up with my bank records for the last few years.

 

Even the figure they gave me was apparently incorrect according to the Council. Unfortunlatey they weren't able to give me a figure *DCA again*. But I will receive the details in the mail.

 

It seems that Advantis credit have gone a little rogue here and are playing outside of the marked playground :-/

[Bazooka Boo]

Ignore the tin pot DCA, deal direct with the LA, tell them you will ONLY pay the council direct and NOT their chosen third party debt collector who has absolutely no legal powers.

 

If Advantis have been a little conservative with forwarding these payments to the council, then it is the councils fault, and the council will be brought to book, what they like to forget is that they are ultimately responsible for the actions of their chosen third party debt collectors.

 

Forget your local Councillor, CC your local MP in with any complaints or emails you send the council.

 

I'm not too sure what part of the DPA they think they are using, when they claim they can't divulge information to you, it isn't hard for them to verify your identity, and if they are happy to send you written details then that says to me that they are just being stubborn.

 

The only people you need to be demanding anything from is your LA, they are responsible for the actions of Advantis, and tell them your not going to be dealing with them again, your only going to deal with the council direct.

[intend]

Sorry BB but think in this case local councillors have more direct clout whereas MP not likely to to do much. Having had experience of dealing with managers in the LA, they often live in fear of "members" getting involved in specific issues, especially with the threat of local publicity, so letter to local paper also a good idea.

 

Agree with approach - only deal with OC. No need to demand a statement - it is your right to this information. If some of the money you have paid has been creamed off then not your problem.

 

Intend

[Bazooka Boo]

Sorry BB but think in this case local councillors have more direct clout

 

Fair enough, no harm with CC'ing all of them in on the email/letter... I agree that Cllrs will probably be able to afford more time.

[intend]

At moment MP likely to be filling in a claim form for £4000 to get back from hols. So much for austerity. Best keep my thoughts to myself on this.

[adridude]

Notts Council isn't my LA, they were years ago, I now live in Kent... Its a debt which I've been paying off MORE than regularly. The only issue I have is that I shouldn't be paying off this last £180 which I've got left :-/ I left the property Jan 1st 2007 but they charged me until March 31st :-/

 

I can't get hold of the letting agent as they've closed down so proof of residency isn't possible.

 

I did offer them proof of moving to another property in another town (was signed in at the council), did work there too and did claim some benefits from there too as well as have proof of moving doctors too.

 

Apparently all of this information isn't enough to prove that I moved :-/ Any ideas as to what I can do about this?

[2Grumpy]

I would ask them for proof that you were there between January and March

 

As far as payments & advance payments to the DCA, some expect the payment every month and take additional payments as extra to reduce the time taken to pay - but much better to pay the OC instead

 

The LA will be looking for continual payment from the occupier or owner. If you moved out in December, there was either a new tenant who didn't bother registering until April (perhaps when they received letters and didn't say that they had been there since January) or the owner was liable if the property was empty (unless your rental agreement was until the end of March, in which case there might be a discount for an empty property)

Edited April 11, 2013 by 2Grumpy

[adridude]

I've just spoken to Notts council again as a teamleader called me up. I found out that despite paying £5 instalments, they've ONLY been receiving £3.75 installments.

 

Two things to note here:

 

1) Advantis did NOT tell me about any charges

2) Neither did notts council

 

Notts also said that they won't recall the debt as Advantis are acting as bailiffs, which TOO I wasn't told about. I explained the scenario but all they said was 'put it in writing and we'll see what we can do' and that's it.

 

Apparently only in certain circumstances they will recall a debt from Advantis.

 

Another interesting thing is that the figures DONT tie up at all.

 

- 18th August, Advantis told me on the phone, the outstanding balance was: £359.75 (this is when payments started)

- To date, I have paid £198.26 leaving the balance at: £193.00

- Advantis state the balance is £270 odd

 

Any ideas as to how:

 

1) I can get the list of FULL £5 payments redirected to the council?

2) I can get this account pulled from this obnoxious bunch and deal with the LA directly

3) I can get a list of all payments from the council which they've received, as they won't do this either :-/

[Bazooka Boo]

Time to lodge a serious formal complaint with Notts council IMO.

 

Ignore Advantis.

 

The very foolish statement from their so called 'team leader' who either knowingly or otherwise, advised that these clowns were acting as Bailiffs, is wholly untrue, Advantis are simply powerless debt collectors, they are NOT bailiffs, they never will be, for Notts council to instruct bailiffs, they will have to go to court, win a judgment against you and then if you fail to pay the judgement, they would need to instruct 'court certified bailiffs'.

 

I've heard it all now!

 

Further proof of why you should never pay a powerless DCA.

 

Write to the council, instructing them that you are far from pleased with their handling of this, and you are making this a formal complaint to be dealt with using their complaints procedure. You will no longer pay any of their chosen third party debt collectors. You require a full breakdown of this account, and all monies paid too it. You dispute the balance they and their debt collector claim is outstanding.

 

Stay off the phone, keep everything in writing, and please ignore Advantis, deal direct with the LA.

This may be something the LGO could help with, if Notts aren't interested.

[intend]

Sound advice from BB. Please follow.

[adridude]

@BB: Just to add that there was a court summons for a liability order, but I agreed BEFORE hand with a court clerk the liability and started paying Notts directly. It wasonly later I totally forgot about the bill and left it. Since then there were NO other court summons etc...

 

There was ONE bailiff involved, but I got it pulled from there QUICKLy so it was sent to advantis. At the time it was Rossendales. but then I had no charges from that. The ONLY charge I've aparently got is £60 for the liability summons from years ago before DCA's etc.. were even involved.

 

Also what's an LGO???

[Bazooka Boo]

LGO= Local Government Ombudsman

 

Rossers are bailiffs, but if they have been pulled then the LA will have to go through the whole legal process again AFAIK?

 

Advantis are NOT bailiffs, they are powerless debt collectors, pay the Council Direct.

[ploddertom]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

As far as charging you for making payments then they can only charge what is allowed by the Council tax Regulations, Schedule 5 Charges connected with Distress. have to be honest and say this the first I have heard of a Council using a DCA to collect Council Tax. Something appears not to be quite right methinks.