DCA adding costs to Ann Summers debt - was a party planner

[lee79]

Just a quick question regarding what a DCA can and cannot add to a debt.

 

We received a letter today as a debt has been passed onto STA International.

 

As well as the original debt there is an extra £63.83 for 'Collection Costs'.

 

This seems a little ott just to send a letter.

 

Are there any guidelines as to what they can add to the debt?

 

Thanks Lee.

[spamheed]

Unless it is specifically stated in the Original Agreement, then no additional charges can be added

 

You should send them a "prove it" letter in the first instance, if they have no right to collect the debt, then they have no right to add charges

[Bombaymix]

As above.

 

Some original agreements state that it MAY cost you if the oc has to employ a 3rd party Dca to recover the debt.

 

I'd get in touch with the OC and make arrangements with them to pay and ignore the 2 bit DCA.

[dx100uk]

whats the debt all about?

 

dx

[lee79]

Sorry for the delay,this debt is actually my sister in laws so had to wait.

 

it's an Ann Summers debt as she was a party planner(?).

 

She used the little she was making by putting it back into ordering things to top up her things that she already had.

 

Things were going well so she could keep on top of it but then it got a little slow and it all caught up with her.

 

Now she doesn't work for them anymore.

[dx100uk]

that explains the low bottom feeder dca then.

 

have you got all the statements?

 

is it on her cra file?

 

what agreements has she signed over the years?

 

dx

[lee79]

She kept on top of the statements, there's nothing questionable about the amount owed.

 

The rest I will check, especially the paperwork as the person who was in charge of her wasn't exactly a stranger to cutting corners.

[lee79]

She can't find any paperwork but has the following letter sent to her;

 

http://i125.photobucket.com/albums/p52/lee197979/letterB_zpsae1dfafc.jpg

Edited May 28, 2013 by lee79

[dx100uk]

that's a std if/but threat-o-gram

 

dx

[lee79]

That's what I was thinking but don't they usually use 'if' and 'maybe' in their wording?

[dx100uk]

instructed means the same.

 

instructed, does not mean they will

nor that they have the legal right to do so

or the case

 

pers i'd let it ride.

 

dx

[lee79]

Thanks for setting me straight Also, their clients are not even the debt owners.

[Jam_Buttie]

Send them a letter with "Admin charge for reading letter £25.00"

[lee79]

We wish Imagine if we could charge for that.

[lee79]

Another few questions.

 

Should I ask them to prove the collection fee is valid through her agreement with AS?

Also, as this is not a loan type debt how are these DCA regulated?

 

Thanks Lee.

[dx100uk]

pers i'd not enter letter tennis

 

ignore them

 

as for their 'rules'

 

they are in a world of their own,

 

dx

[lee79]

pers i'd not enter letter tennis

 

ignore them

 

as for their 'rules'

 

they are in a world of their own,

 

dx

 

If she ignores them though what is to stop them from returning the account back to the owners then the owners just getting in with court proceedings?

[dx100uk]

have you done post 8 stuff?

 

and how much is the debt?

 

pers I doubt anyone will do anything.

 

dx

[lee79]

Hi - she has sent an offer of repayment via email as per the letter. To date this has been ignored. I think the debt is for around £360.

[dx100uk]

don't pay a dca that's for sure

 

you need to findout who owns the debt

I bet its still with AS.

 

is it on here cra file at all?

 

and how old is the account ...

 

dx

[BRIGADIER2JCS]

Care needed with the solicitors Hadfields of Welling Kent nasty reputation as has STA.

[lee79]

Needing some more advice please.

 

she has decided to try and come to some sort of arrangement however we are only a few emails into things and the lies have started!!

 

she sent an email detailing her situation, this was not passed onto the person dealing with the account.

 

She sent another email with a copy of the previous email.

 

She received a reply saying that the email had not been passed to the person dealing with the account and an I&E form to complete.

 

This was completed and returned.

 

She then got an email today claiming she had not been in contact so sent a complaint.

 

She was then contacted by the person dealing with the account who stated

a)the she had not sent the I&E form (she had, it's still in the sent box) and

 

b) that she had not even opened the email that contained the form.

 

This is a false.

 

She also asked for a breakdown of the costs involved and was given 'for being passed to us' as the reason.

 

Can I also ask.

 

How are these companies regulated?

 

I'm used to dealing with DCA's trying to collect for outstanding loans but do these ones differ or can she still complaint to the OFT

and take the complaint to the FOS after 8 weeks?

 

Thanks Lee

[dx100uk]

why are you negotiating with them at all?

 

IS this on her CRA file?

 

no DCA has ANY LEGAL POWERS

they ARE NOT BAILIFFS.

 

if she does owe money

 

CONTACT AND PAY AS

 

IGNORE THE DCA

 

and NLY A JUDGE

 

has any right to demand her PERSONALL FINANCIAL DETAILS.

 

 

 

dx

[lee79]

I appreciate where you're coming from however, if she does ignore the DCA would AS be in their right to then just say right, we'll take you to court then? I think that's her major worry.

[dx100uk]

no.

 

dx