Debt transferred whilst still being paid photoshoot - Now DLC adding charges?

[tebsy]

After reading the threads I'm hoping someone can help!

 

Money was owed to a company called Pierre Lemond after having a photo portfolio done.

 

Repayment was not maintained due to ill health.

 

The debt was passed to a company called Paladin and regular payments were being made to them.

 

We have now received a letter from Global Debt Recovery stating that

their client has instructed that provided we remit 525 pounds by the 31/05/14,

they will accept this payment as a Full and final settlement of the above claim.

 

The issue is that:-

 

1. The balance they have stated is incorrect and out by approx. £400

2. The original creditor was Pierre Lemond

but they have stated Studio London which is just the studio, on the letter

3. Payments have been regularly made to Paladin

 

We called them and explained payments are being made and the amount was incorrect.

 

To which they said that's the information they have and which they are going by.

 

Should I send them the letter requesting the original CCA?

 

Many thanks

Edited May 6, 2014 by tebsy

[dx100uk]

did you sign a CCA

don't think credit of any kind is involved here.

 

and DCA has no legal powers to add anything to the debt

 

stay off that phone too.

 

DCA's are NOT BAILIFF

and

have NO SUCH LEGAL POWERS.

 

dx

[Bazooka Boo]

Stay OFF the phone, keep everything in writing.

 

I wouldn't be paying anyone other than the Photo studio direct.

 

Have a read of their T&C's http://www.pierrelemond.com/terms-conditions/Termsandconditions

[tebsy]

did you sign a CCA

don't think credit of any kind is involved here.

 

and DCA has no legal powers to add anything to the debt

 

stay off that phone too.

 

DCA's are NOT BAILIFF

and

have NO SUCH LEGAL POWERS.

 

dx

 

No don't recall one being signed, think it was just a payment plan of £39 per month for two years.

 

I spoke to Paladin Commercial Credit Management yesterday

and they confirmed via email that that section was now closed

and has been since Nov 2013 and therefore were no longer responsible for dealing with the account.

 

They also said another collection agency would be in touch,

which they have been. £10 per week has continued to be paid to Paladin,

although the DD has now been cancelled.

 

I have also noticed from Paladins letters when they have charged me for a late payment

that it says "as per your Credit Agreement you have incurred a charge of £25 on your account"

 

however, I never had a CA with Paladin or the photography place.

 

The other DC called today and offered a settlement figure £250.

What should I do about this?

Should I write and request a copy of the agreement?

 

Am I able to claim the charges back from Paladin at all.

I emailed them frequently asking for my balance, but never got a response.

 

I appreciate your advice and response

[reallymadwoman]

No don't recall one being signed, think it was just a payment plan of £39 per month for two years. I spoke to Paladin Commercial Credit Management yesterday and they confirmed via email that that section was now closed and has been since Nov 2013 and therefore were no longer responsible for dealing with the account. They also said another collection agency would be in touch, which they have been. £10 per week has continued to be paid to Paladin, although the DD has now been cancelled. I have also noticed from Paladins letters when they have charged me for a late payment that it says "as per your Credit Agreement you have incurred a charge of £25 on your account" however, I never had a CA with Paladin or the photography place.

 

There must have been an agreement as this is obviously credit, hence the mention of charges which you probably could reclaim. If the amount is not huge, it's probably not worth the hassle, however you are entitled to deduct them from the balance whoever they were paid to and whoever 'owns' the debt now, so you probably don't owe anything more.

 

The other DC called today and offered a settlement figure £250. What should I do about this? Should I write and request a copy of the agreement?

The very fact that the settlement figure has reduced is an indication that they have no paperwork whatsoever. I would be asking them to prove the debt with full documentation as you believe the full amount to have been repaid. State that in the absence of full documentation you are not prepared to enter into any further correspondence.If they write with anything other than a full and accurate statement and a copy of the agreement, ignore them or you will end up being drawn in to playing letter tennis.

 

Am I able to claim the charges back from Paladin at all. I emailed them frequently asking for my balance, but never got a response.

 

I appreciate your advice and response

 

See above.

[Bazooka Boo]

"as per your Credit Agreement you have incurred a charge of £25 on your account" however, I never had a CA with Paladin or the photography place.

 

The other DC called today and offered a settlement figure £250. What should I do about this? Laugh at them and hang up!

 

Am I able to claim the charges back from Paladin at all. I emailed them frequently asking for my balance, but never got a response.

 

 

Send Paladin a CCA request, it will be good to see what they come back with, sounds like they are all hot air?

 

As for charges yes you can reclaim these, or simply pay for what you received/ordered then ignore them.

 

If they are ringing you, please just hang up.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974%281-Viewing%29-nbsp

[dx100uk]

sounds like you've been cash cowed from day one

 

stop paying these fleecing DCA's blindly without demanding paperwork.

 

they are NOT BAILIFFS!!!

 

dx

[tebsy]

Send Paladin a CCA request, it will be good to see what they come back with, sounds like they are all hot air?

 

As for charges yes you can reclaim these, or simply pay for what you received/ordered then ignore them.

 

If they are ringing you, please just hang up.

 

 

Thank you all for your advice. I am writing to Paladin requesting the original CCA, although I think they will say that as they no longer look after the account they don't have it! But, we will see. I am also going to write to the other DCA and request full documentation (as per response of "reallymadwoman").

I will let you know what occurs...in the meantime A BIG THANK YOU TO ALL!!!!

[Bazooka Boo]

Paladin will always hold the CCA, it is the tame DCA's who won't have it in their possession.

 

You will be wasting your time corresponding with the DCA, they have little to no info regarding the account, simply your name and contact details with the best ways in which to harass you, and the amount they are attempting to con from you.

 

Deal direct with the OC.