Vet Fee Debt

[renegadeimp]

As you can see, the domain is still registered to a "web design agency". It looks like this "agency" is also debtsolveuk. Either that, or it is a VERY amateurish setup as there is no valid reason for a website to even be registered at all with the details of a design agency. At all.

 

Especially since the site was registered almost 7 years ago.

[Desperate Daniella]

Okay. So who do you think are the DebtSolve lot making the OP's life such a misery?

 

I did look at the site, and I did the online search at OFT with no result, so I called OFT this morning, gave them the postcode from the website and they confirmed they have got a licence.

 

And if you search the CSA list of members they are there!

 

This is completely bizarre.

[renegadeimp]

If the OFT say they have a licence (there could be more than one company at that postcode, why isnt it showing on the search? Hmm. Need to dig deeper.

[Desperate Daniella]

I've got the guy's name. I asked him to check for me and he found them.

 

When I first searched I put in just the name of Debt Solve and there was one which had been dissolved in 2011, but that was a TN postcode miles away from the Midlands.

[Desperate Daniella]

The Mike Brooks shown on the Debt Solve website is the contact shown for them on the CSA list.

[ScarletPimpernel]

If the OFT say they have a licence (there could be more than one company at that postcode, why isnt it showing on the search? Hmm. Need to dig deeper.

 

The public database is often not entirely up to date.

 

I note that Debtsolve is a limited company, but do not show the company registration number and registered office address on their website; this is an offence under the Companies Act.

 

All in all, it looks like Debtsolve is a rather amateur husband and wife outfit, with lots of big- timing claims of compliance that aren't matched by their actual practice.

[Desperate Daniella]

So can we report them?

[ScarletPimpernel]

Failing to show statutory information can be reported to Companies House. It would be interesting to report them to the CSA, because failing to comply with the law is a breach of their code of practice; failing to comply with a code of practice to which a trader has signed up (all CSA members have) is an offence under CPUTR, reportable to Trading Standards (who'll probably do nothing, as usual). All the other breaches should be reported to the OFT.

[Desperate Daniella]

OFT said that they couldn't intervene on the matter of the debt, because it didn't fall under the Consumer Credit Act, BUT they said they could consider whether they had the "fitness and competence to hold a credit licence." If they have broken the law, they clearly don't.

[Uhoomagoo]

Hello Everybody,

 

Thank You for all your help so far.

 

This morning I have received a breakdown of the vets charges so far.

 

So they are demanding £7516

 

They have charged me approx £1250 for not clearing the balance, it's working out at 3% per month, though on their website it doesn't mention this monthly charge only that 3% would be added to the debt.

This is from the Website

 

SETTLEMENT TERMS

 

Payment is due within 14 days of the date of the invoice. Overdue accounts will be transferred to our Debts Collection Agency after due notice to you, and further charges will be levied in respect of costs incurred in collecting the debt. We apply a surcharge of 3% on overdue payments.

 

They never notified me they were sending it to a Debt Collection Agency, if we had a letter from them, we would have passed it on to Stepchange to put on the plan when it was first set up.

 

 

 

They have charged me £1186 for the privilege of employing Debtsolve.

They have also added onto my account £1322 for a horse that was solely owned by my husband and they have put onto my account, they have also charged at least £900 for treatment for him that they didn't claim from the insurance company.

 

I haven't had chance to check against the insurance records yet, to see how much over the £3000 limit for the illness caused by a third party is.

 

I can't see how they can charge all of these fee's, none of it is right. If they can charge 3% a month, then they are charging me for a horse I don't own and interest on the Debtsolve fee.

 

I am not sure who I need to complain to now, my mind is all over the place. We have heard nothing from Debtsolve since Thursday evening, so I suspect they are issuing a small courts claim, the calm before the storm as it were.

 

I don't know if this is relevant or not, but the first registered address of Debtsolve the TN area, is also the same postcode area as the vet's.

 

I hope that all makes sense.

 

Thanks Again Everyone.

[renegadeimp]

That amount is chock full of unlawful penalty fees.

[Uhoomagoo]

That's what I suspected, I can't see all the money I have paid credited either

[Desperate Daniella]

Hi,

 

What is the name of the individual who is calling you? Is it TN34?

 

This is a huge try on.

[Uhoomagoo]

Well the Debtsolve company is the Redditch Po Box number, the vet is based in TN24.

 

It's all coming through Linda Brooks at Debtsolve, they said we must pay no more money to the Vet's it all has to be paid directly to them now, the copy invoices came directly from the Vet this morning.

[steampowered]

I'd be tempted to call their bluff and let it go to court. County Court is a great leveller. I doubt you will achieve much simply arguing with them.

 

One way forward would be to write to them to them with a final repayment offer (covering both total amount and monthly payments towards the total). You can say that if they are not prepared to accept your offer they will need to take you to court. The court process will force them to properly justify the amounts they are claiming on a formal Particulars of Claim, they will not be able to impose random amounts willy nilly. You can contest any amounts you disagree with on your Defence.

 

If you claim you are not liable for treatment on your husband's horse then they will pursue your husband so bear that in mind. Surely one of you has to be liable for the costs of this treatment.

 

Obviously you will have to consider the implications for your credit record. If they go to court you would end up with a CCJ for the amount the court decides you must pay. You can then ask the court to set monthly payments. There is no problem if you pay the amount within 28 days of the CCJ. But if you do not pay within 28 days the existence of a CCJ will be registered on your credit report and will remain on the report for six years. However if your credit record has already been ruined by other debt issues this might not be a problem for you.

Edited June 17, 2013 by steampowered

[Desperate Daniella]

The reason I asked is because an original licencee for Debt Solve was based in TN34 but no longer has a licence.

[Desperate Daniella]

What about attacking Debt Solve?

 

You can report them to the CSA. Obviously I didn't mention you but when I spoke to them on Friday they were appalled.

 

They are in breach of so many regulations.

 

Then you can report them to the OFT who may well consider that they do not have the "fitness and competence to hold a credit licence."

 

You can report them to Companies House for not giving all their registration details on their website.

 

I don't think they will want to take you to Court because you'll then be able to challenge all their unlawful fees.

[Desperate Daniella]

And if you make any kind of offer it should only be for the outstanding balance plus maybe the interest and paid to the vet.

 

Debt Solve work on a no win, no fee basis, and that is why they are trying to get you to pay them vast amounts of money.

[Uhoomagoo]

Thanks Daniella that's all really helpful.

 

Our credit report is rubbish now, so a CCJ wouldn't be the end of the world.

 

The fee's for my husbands horse have been paid, but they are claiming an additional £900 of fee's they never added to the insurance claim my husband submitted, to my account and are charging interest on it.

 

Would the interest be 3% monthly interest or 3% of the total debt, the interest they have charges for May is £50 more than they charged in April ?

 

If they work on a no win no fee basis, why are the vet's charging me £1186 for Debtsolve's services and this total is added on to the account ?

 

Do you have the telephone numbers of who I need to ring, not sure who the CSA are (sorry)

[sequenci]

You can report them to the CSA.

 

NO point, it's just an old boys club.

 

Report them to the OFT - Especially if they don't have a license.

[Desperate Daniella]

NO point, it's just an old boys club.

 

Report them to the OFT - Especiallyl if they don't have a license.

 

They do have a licence. Even though I couldn't find it on the online register the guy at OFT found it. (It was another man running a company called Debt Solve where the licence lapsed in 2011.)

 

The OFT guy said that they could not be involved in the debt collection issue as it was not a consumer credit issue because it was a debt to a private business, not a bank or credit card company. If that is wrong I can call him back.

 

He said that if it could be shown that they did not have the "fitness and competence to hold a credit licence," then it could be removed.

 

He told me to ring FOS who told me to ring the FCA, and both of them said because it was a debt to a business they didn't cover it.

 

FCA told me to ring CSA and whereas I would have agreed with you about the "old boys club" on this occasion the man I spoke to did genuinely seem appalled. I got through on 0191 286 5656 which is not the number given on the website - I got it from FCA - and spoke to someone called David. I didn't give him the name of the company because of Uhoomagoo's confidentially, but said I was concerned about a friend. I do think it is worth Uhoomagoo ringing him.

[Desperate Daniella]

Thanks Daniella that's all really helpful.

 

Our credit report is rubbish now, so a CCJ wouldn't be the end of the world.

 

The fee's for my husbands horse have been paid, but they are claiming an additional £900 of fee's they never added to the insurance claim my husband submitted, to my account and are charging interest on it.

 

Would the interest be 3% monthly interest or 3% of the total debt, the interest they have charges for May is £50 more than they charged in April ?

 

If they work on a no win no fee basis, why are the vet's charging me £1186 for Debtsolve's services and this total is added on to the account ?

 

Do you have the telephone numbers of who I need to ring, not sure who the CSA are (sorry)

 

3% per month is way too much. I would offer the current rate of annual interest - someone here will know what it is at the moment. I think it used to be 8% per annum for something like this if someone put in a court claim.

 

If the interest is going up every month, I think they are trying to charge you compound interest so it will go up and up and up .....

 

I expect their agreement with Debt Solve is that if Debt Solve bully you so much you pay up, then they will pay Debt Solve the fee.

 

If you are not that concerned about the CCJ then you could just tell them to take you to Court, and then you can challenge the fees and a judge will set the monthly repayments.

 

If the vet wanted to take you to Court he could have done so through the small claims court without involving Debt Solve. Instead of which he's hooked up with these lowlives who are trying to terrify you into paying much more than you should.

[Uhoomagoo]

Thanks Daniella, you have been so helpful.

 

So I need to figure out all the fee's, deduct what I have paid, add the per annum interest on to that, take off the Debtsolve fee and go from there ? Then I have all the information ready to challenge them if they take me to court. If they are charging me compound interest, shouldn't that be stated on their terms and conditions ?

 

If I rang the number you quoted above and ask for this David, will he know what I am talking about ?!

 

Thanks Again

[Desperate Daniella]

If you speak to David, just say your "friend" rang and spoke to him on Friday. I didn't give him the name Daniella, and I actually said it was "dogs" rather than horses, and I then said it wasn't in fact dogs, but if you, "my friend," rang you could give him all the details yourself.

 

I said they were frightening you and alarming you, and I was concerned about you, and he said you could fill in the complaints form or he would speak to you if you rang.

 

If you look on their website, www.csa-uk.com and check their register Debt Solve are there. David was particularly alarmed to hear the comments about the "[animals] looking happy," which implies they are watching and could be seen as a veiled threat.

 

In their code of practice it says they should be agreeable to a repayment plan, but clearly this is not what the vet or Debt Solve want. In fact, I think you should read through their code of practice before you ring and flag up the breaches so you can quote them, especially in the financial difficulties section.

 

If you make an offer I think you should offer the outstanding balance and whatever the going rate is for interest. All I know is that when I was involved in a court case a couple of years ago the claim was made to include, I think, 8% interest per annum, so work on that for now.

 

Sorry, forgive me for not reading the thread through again, what does it say in the terms and conditions about payment and interest?

[ScarletPimpernel]

The OFT guy said that they could not be involved in the debt collection issue as it was not a consumer credit issue because it was a debt to a private business, not a bank or credit card company. If that is wrong I can call him back.

 

 

 

I think the man from the OFT has sloping shoulders, and /or is talking out of his hoop. The Guidance applies to companies collecting consumer debt - that is why the OFT are able (and have) dealt with companies collecting debts relating to, for example, mobile phones contracts, utilities and gym memberships, none of which involve credit card companies or banks. Debtsolve are a DCA carrying out licenceable activities and the OP is a consumer. Ring them back and ask to speak to someone who is able to differentiate between his rectum and his humerus.

 

I agree that this case is probably best dealt with in court. Debtsolve are clearly a one-horse (excuse the pun!) outfit who clearly don't know the meaning of compliance, despite all the drivel on their amateur website. However, they can't bring a court action since they don't own the debt, so court will take them out of the equation.

 

I'd send a final letter to Debtsolve:

 

Dear Sirs

 

I refer to previous correspondence.

 

It has been made clear to you that the debt you are pursuing on behalf of (vets) is disputed. The Office of Fair Trading, in its Debt Collection Guidance, compliance with which is a condition of your consumer credit licence, is clear that in such circumstances collection activity must be suspended. You have failed to do this and attempted to bully and harass me into paying money I do not believe I owe, causing me distress and anxiety.

 

Consequently, I do not have any confidence that the matter can be resolved whilst you are involved. I will not, therefore, enter into any further correspondence with you. You are to cease contact by telephone or SMS text message; any further calls or messages will be construed as harassment and reported accordingly. I remain ready to attempt to resolve the matter directly with (vet), and will be writing to them separately.

 

Yours etc.

 

 

 

We all know that the CSA is just the debt industry's mutual masturbation club, but it is worth complaining to them - you need to have complained to the DCA first, though. They will send some waffly response that may very well contain the words 'admin error' and 'misunderstanding', and they won't take the DCA to task properly, but it helps to spoil their 'we get very few complaints' BS that they feed the OFT.

 

With the vet's breakdown, you need to challenge their summary of charges:

 

- tell them that the bill for your husband's horse isn't yours- make clear that they can't charge for debt collection unless the contract specifically allows it, and then it can only be the actual and necessary costs - if they can show it's in the contract, you want Debtsolve's breakdown- tell them they haven't shown payments made- include your own calculation of what you think is correct- consider making an offer of affordable repayments