Collectica DCA chasing council summary repairs bill

[Scouse Paul]

Hi,

 

My other half got a letter from Collectica the other day concerning a debt she owes the council concerning damages to her house,

 

although she does not dispute the debt, it is the wording on the letter from the DCA that has got me.

 

The letter states offence date as the date that the council carried out the repairs,

my view is that by stating the words offence it would imply that it was a criminal matter and not a civil matter,

by using this terminology has collectica screwed up and made their request unenforceable.

 

Here is a copy of the letter

 

[image removed shows barcodes and ref numbers.] -dx

[theuprightman]

It's a standard letter issued by a collection agency.

 

I would suggest your nit picking to avoid paying it.

[Scouse Paul]

I'm not avoiding paying it, I was just referring to the incorrect wording as I know of people who have got parking tickets overturned due to them containing the words offence

[renegadeimp]

I would also get it to the OFT if they are acting as a DCA.

[dx100uk]

this will be a summary debt

they are acting as a dca and not bailiffs

 

the fact that the council have not gone to court

with this says something.

 

like they ae chancing their arm in the figure they are after.

 

not being nosey

but I've travelled the same path

 

on supposed repair to a friend property after they left.

 

turned out he was not responsible

just 'because' the council decided to do the work

that's their problem!!.

 

p'haps a wee bit more of the background upon the repair done please.

 

dx

[Scouse Paul]

The repair work was legit, it was for the replacement of 2 exterior PVC doors and 3 interior doors that had been severely damaged by her son when he was living their, she has thought about taking him to the small claims court to cover the costs of the damages but he is no job seekers so he has no real income.

 

The bizzare thing is she was expecting the council to up her rent slightly to cover the costs of the repair work but they sent it to a DCA instead

[dx100uk]

ok that explains it then.

 

strange they've gone the DCA route though.

 

I assume shes had several previous letters request direct payment?

 

cant see why the council will not accept a payment plan

even if over several years.

 

I certainly would not be entertaining nor paying a DCA

 

dx

[sequenci]

I would also get it to the OFT if they are acting as a DCA.

 

For what reason?

[ScarletPimpernel]

For what reason?

 

Isn't implying (by using the word 'offence' when there is none) that debt may be a criminal matter, or using such wording to apply psychological pressure, contrary to the OFT guidance?

[sequenci]

Isn't implying (by using the word 'offence' when there is none) that debt may be a criminal matter, or using such wording to apply psychological pressure, contrary to the OFT guidance?

 

Yes. But they'll not really be interested in hearing from individuals, sadly. Do you know off hand if Collecta have a CCL? I would imagine they must do, but remember that the chasing of some debts wouldn't fall under the scope of the guidance.

[renegadeimp]

They wont be seq, but they still take it into account when its renewal time. I liken them to tesco. Every little helps.

[Scouse Paul]

Just to update you all, my other half went to CAB about the debt and the letter from them, with the CAB's help she has come to an arrangement to pay £30.50 a month against the debt.

 

She got a letter today stating the usual (no contact made etc) and she phoned them up to check if it was just crossed letter.

 

They stated on the phone that the repayment agreement has not been agreed, the guy on the phone then said £100 p/m is the lowest they would accept he then contradicted himself by saying that she should keep paying the £30.50 but it wont stop action being taken against her.

 

I have advised her to go to CAB again tomorrow, is there anything else you can advise?

[BRIGADIER2JCS]

CAB need to explain why they assumed this level of payment was agreed.

[sequenci]

CAB need to explain why they assumed this level of payment was agreed.

 

They probably completed a financial statement?

[Scouse Paul]

This was agreed between CAB and Collectica in a phone conversation

[sequenci]

This was agreed between CAB and Collectica in a phone conversation

 

Was a financial statement completed? Is the payment affordable?

[dx100uk]

I hope this payment is to the council

 

dx

[Scouse Paul]

A Financial statement was not completed, everything that was initially agreed was in a 3 way phone conversation between the CAB advisor, my partner and Collectica, as far as where the payment goes it would go to the DCA who may or may not pass it on to the council.

 

Should she contact the council and ask if she can make payments to them directly?

[dx100uk]

don't ask do it.

 

collectica are a DCA as well as a bailff

they might well try spoofing you with collection fees

 

pay the council direct.

 

dx

[Scouse Paul]

How would we go about paying the council direct, would/should we contact them about it?

[renegadeimp]

Use their online payment system and make sure the reference is for the specific year you are paying for. They cannot refuse, and if they try and go back to court, the judge can easily see you are paying and not avoiding it.

[dx100uk]

sadly its not ctax imp.

 

dx

[dx100uk]

can I just clarify..

 

she received NO letters about this from the council direct prior to the DCA threat -o- gram?

 

dx

[renegadeimp]

Hi dx. yea i know it isnt Ctax. But they can still make a payment to the council for repairs or whatever through the online portal, as long as they have a reference number. And since there has been letters to and fro, there is bound to be a ref number somewhere.

[BRIGADIER2JCS]

Another CAB presumption that because it has been involved by telephone an agreement has been reached, simple lessons from CAG to be learned here, telephone agreements are worthless!!!