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Daniels Silverman


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Hi everyone - I'm new to this, so please forgive if I don't get it right first time.

 

I run a small business from home which I set up 25 years ago, and which became a limited company two years ago.

 

 

Some difficulties in the first few years, but no problems at all for the last twenty, until

a year ago when my husband suffered a stroke (June last year).

 

 

I admit I took my eye off the ball for several months, and sales took a downward turn,

with the result that payments to our suppliers had to be delayed.

 

 

My husband has made a good recovery, though still not back to normal (and may never be)

but I am, I think, back on track and pushing the business back to where it ought to be.

 

Most of our suppliers have shown a kindness and understanding way beyond what I could have expected,

but one has taken the heavy hand and is pushing for all that we owe via a debt collector - Daniels Silverman.

 

 

I've seen several references to DS on this site, but nothing recent and wondered if anyone has had any dealings with them lately?

 

 

I've offered our supplier repayments of £450 per month starting in August

with extra payments as and when I could manage

(amount outstanding was just over £2500 when I made the offer)

so that the debt would be cleared by the end of the year,

but they refused - this was before DS were involved.

 

 

I've since made two payments, one of £649 and one of £285, so that the debt now stands at about £1750

, but DS are still insisting on an amount about £500 in excess of that - "collection payment", they say.

 

 

Please can anyone help with the following:

 

 

  • Are they entitled to charge a £500 "collection charge"?
  • I'd prefer to have no dealings with DS (they've telephoned once and it was fairly unpleasant) - can I/should I continue to make payments direct to the supplier?
  • If I continue to make payments to the supplier until I've settled all his invoices, can they still hassle me?

 

Thanks in advance for any help!

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you are quite correct in what you are doing

DS are nothing but a no powers DCA

they are not BAILIFFS.

 

 

you don't have to deal with them

and most certainly not by phone.

 

 

pers I'd keep doing what you are.

 

 

and you are also correct that DS have no legal remit at all to add anything to the 'debt'

 

 

well done.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm going to have to disagree slightly with DX on this one.

 

This is a commercial debt, so it may be possible for additional charges to be added - the Late Payment of Commercial Debts (interest) Act 1998 allows for both interest and reasonable collection charges.

 

It seems to me, though, that £500 on the debt quoted can hardly be seen as reasonable, but it would hardly be surprising if Daniels Silverman were trying it on - they have the distinction of being the only DCA that we have had complaints about from their clients as well as their targets!

 

To answer your questions:

 

1. Yes, possibly - see above.

 

2. There's no reason why you shouldn't continue to deal directly with the supplier.

 

3. Yes, they can - as it's a commercial debt the usual FCA rules don't apply, and if they don't collect, they don't get paid. However, you could write to them to say that you are dealing directly with the supplier, and will not enter into any correspondence with them, and nor will you speak to them on the phone. If they ring, just hang up.

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That, unfortunately depends on what the person you owe money to has agreed with DS

and I will bet that DS are guaranteed their fee, regardless who pays it.

 

 

Some commercial debt collectors get paid by the creditor if they cant get money from the debtor so it is not in your suppliers interest to call them off.

 

When you have paid off the original debt you can argue that an agreement was made with them that precluded DS

as they accepted the money from you and they will be hard pushed to refute that point.

 

 

I would continue as you are and then look at the collection fees afterwards.

 

Do you even need to order from that supplier even again?

 

 

If not then they have cut their noses off to spite their face so it will cost them in the long run.

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No, I don't need to order from them ever again, which is what I find puzzling - surely they must be aware that if they pursue me to the point of liquidation they're very unlikely to get much at all? At least at the mo I'm trying to pay off the entire amount, though it may take until the beginning of November. I would have thought that that must be infinitely better than nothing, for them. :???:

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Common-sense and debt collection do not go hand in hand. Continue as you are minus the collection charges. Then see what happens. IMHO, you have no contract with DS so therefore they will be hard pushed to collect these charges.

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