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    • in this instance DCBL are operating as mere powerless debt collectors, a DCA.   a DCA are NOT BAILIFFS and have  ZERO legal powers on ANY debt no matter what it's type.   if their client really had a debt in your name, they'd contact you themselves.   as long as they know your correct address it is safe to ignore silly threat-o-grams.   and tell the others that too.   dx      
    • Hello all.  I'm looking for some advice if I may.   I received a Notice of Debt Recovery dated 26th May from DCBL relating to an alleged debt of 71.08 that apparently I owe to East London Energy/Engie. The problem is, I don't recognise the debt at all and when I moved out of the property I lived in which was served by ELE/Engie, my account was all up to date as I pay by direct debt. I even left them with my forwarding address, which they still have on their records and the closing bill was sent to that address.   DCBL are saying that ELE have sent me correspondence about this debt that I've failed to respond to. But the first I have heard about it is the DCBL letter itself. It's totally flummoxed me.   Here's the problem though, ELE never, and I mean, never, answer their phones. I have called about 30 times, no word of a lie, every day since receiving their letter. Not once have I got through to someone. They're not responding to my emails either.    On the local residents group on facebook there loads of households moaning about the same thing. Lots of them have received these letters, some have managed to get through to speak to someone, some have been told it's an error, others have been told 'you owe the money, tough pay it'.   Everyone is complaining that they can't get through to ELE to speak to someone. I don't know what to do.   Apparently if I don'y pay DCBL by 10th June they will review my case for legal recovery. It all seems desperately unfair, especially when I was the one who was informing ELE when they messed up their billing or failed to take a direct debit. I'm scrupulous about my bills. If I genuinely do owe the money I would have gladly paid it, but I just can't understand where this alleged debt has come from.    Does anyone have any advice? I'm at a loss but really don't want to pay DCBL for this debt I have no knowledge of and their added administration fee. 
    • Hi all, I hope you are all well in this strange time? I'm trying to assist my cousin in a complaint that she has with the PDL Uncle Buck, and I've reached a stumbling block. Loan Amount:       £400 Charge for Credit: £350 Agreement Date: 05-Oct-2018 Disputed Balance: £276.79 From initial information I've seen it's been a comedy of errors with there administration side, but for her, misery. Original Payment schedule sent out to her started from 26.03.2019 - she questioned this. They never replied, so took it as that was 1st payment date. 7th Nov 18 she gets a Missing payment and a charge. Questions this, they adamant charge stands as it was a clerical error, she again disputes. 3 weeks of in arrears messages, they eventually agree to refund £15 - but now insist on I&E as she missed the payment - no change in circumstances. She asked for 3 days grace til payday. No reply.  Default notice issued. This eventually gets it self sorted and they missed payment was factored into the remaining. Dec 18 her fiancee passed away, no way to afford the payments & funeral costs until insurance settles  - UB continue to harass despite telling them the issues. Some how she finds the cash an pays something towards the balance, just to stop the harrassement. She loses her job in Feb 2019 - informs people she owe money to, that now on uni credit. UB state that if she pays x amount they can do a payment plan as she's already in arrears. I told her it's against FCA Conc regs, she emails them - nothing back. No chase emails / calls or anything till end Apr. Settlement offer - pay £355 and we will take care of the remaining balance of £535 she emails them to say she can afford £50 pcm based on the the settlement - they agree. August she gets a statement, remaining balance £235 - they had not used the settlement figure as this was to be paid in full only and also incurred missed payment charges(?) I write an email for her email requesting DSAR etc sent on 1st Sep - acknowledged 10th Sep - info sent through 10th Oct - Account was placed on hold from sept til receipt of DSAR. DSAR shows - comment of being financial difficulty, on UC, payment schedule - 9 call attempts, 4 CPA attempts (she requested this to be cancelled 2mths after taking out loan) list of charges and interest after being informed on UC and put into payment plan. Complaint goes off - complaint partly upheld - £235 still outstanding. Complaint again. Account on Hold again. Fast forward to Jan 2020 - Complaint still being looked into will have response within 6weeks.. Email received - Settlement remaining Balance £320 (they added further charges!) can do 40% settlement in 2 payments. Email goes back stating it's under investigation, would accept £150 settlement but over 5 payments. No reply. 21st Feb - Email Settlement remaining balance £276.79 - can offer settlement figure of 195 but require a payment of £55 within 3days --- this is still despite her being on UC and no reply to settlement. She replies - stating can not afford £55, can do £10 pcm to settle. - They accept, but the balance is now 266.79 and not the 195. No acknowledgement. Payment schedule issued for 10pcm totaling 266.79 -- questioned again - no reply or acknowledgement. March - she notices that UB is no longer on one of her Credit Reports. I told her to check Credit Karma & Totally Money - Both show that they are marked as "Settled"  £0 balance from 03/03/2020 So left it as that. May she gets a call from UB collections, chasing £266.79 as she's defaulted again on her agreement (note - they've never acknowledged any questions) - she informs them that as far as she and her credit reports are concerned she owes nothing. Also stated that even if she did - it should be written off, incorrect balances and reporting and as it's gone against CONC where they insisted on a Payment to set up a payment plan. Person raises a complaint on her behalf and said she is going to get the Credit reports amended as it was a clerical error. 26th May - Sum Of arrears notice " On 05-10-2018 you entered into a fixed sum credit agreement with us under which you borrowed £400.00 repayable by 6 monthly instalments. Your arrears under the loan agreement The opening balance (which is the total amount that is due and owing under this agreement) at the date of the previous Notice of Sums in Arrears (dated 26-11-2019) that we sent to you was £318.27. On this date, the payments that you had failed to pay when due under your credit agreement amounted to £259.29. We are required to periodically send you Notices of Sums in Arrears, at intervals of not more than six months, while you remain behind with the repayments due under your credit agreement. The balance now due under your loan agreement on the date of this notice is £266.79. The total amount of your arrears (the sums that you have failed to pay in full when due in accordance with the terms of your loan agreement) is £207.81" 29th May -  We acknowledge your complaint and are sorry to learn you are dissatisfied with our service. Uncle Buck Finance LLP T/A Uncle Buck (the Partnership) was placed into Administration on 27 March 2020. I confirm that Paul Boyle, David Clements and Tony Murphy of Harrisons Business Recovery & Insolvency (London) Limited were appointed Joint Administrators of the Partnership. They are licensed to act as Insolvency Practitioners by the ICAEW. They are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment. Today - Final Response:   How Uncle Buck understands your complaint You are unhappy that according to your credit file the balance of your loan had been settled and now you have been advised this is incorrect due to an error made by an agent. Our Investigation and outcomes  An email was sent to you on the 21/2/20 offering a settlement figure of £193.75 against your outstanding balance of £276.79 and that if accepted this would close your account. We advised that we needed a payment of £55.35 to hold this settlement offer. You responded to the email the same day advising that you were unable to take advantage of the offer and asked if we would accept your original offer of £10 per month. We responded on the 24/2/20 asking you to complete an income and expenditure form. This was sent back to us the same day. On the 25/2/20 we advised you that we accepted the offer of £10 per month.  You then responded with the date you would be making the payments, confirmation of this was sent on the 26/2/20.  You then queried the amount outstanding; Claire then spoke to you to discuss why the balance was not the £193.75 as this was a settlement offer. < She has never spoken to anyone about this. -- the person who raised the complaint said an email was sent out! As previously advised the agent who made you a partial settlement offer on the 21/2/20 made an error and added a code to your account which meant that your credit file was shown as partially settled. This has now been corrected. I apologise that this error was made and will be upholding your complaint.  However, I can not agree to write off the balance due to this error.   At no time did you receive correspondence from Uncle Buck advising that your balance had been paid.  You were advised on several occasions after this date what the balance was and a payment plan was agreed. Please contact our collections department to discuss the arrears on your account by the 11/5/20.  If no contact is made then collections activity will commence and your account will be removed from write only. This is our final response. Please note, any complaints raised to the Financial Ombudsman Service (FOS), will be directed to Harrisons Business Recovery & Insolvency (London) Limited.  They are no longer dealing with any complaints raised for the Partnership. And that's where I come to a block - they are saying that FOS will not deal with this complaint, really do not know what next steps are for her to get this resolved. Am I correct that they should not be asking for a payment to agree a settlement especially when someone has declared financial difficulty Any advice would as always be grateful  
    • Please dont forget dca's are NOT BAILIFF s and have ZERO legal powers on ANY debt.   might pay you to read a few threads in the debt self help forum too you'll soon get the idea   Dx
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Hi,

recently I hired a hot tub from a company online who delivered it for a week of hire and put up a small, open sided gazebo around the tub and secured it in place. I hadn't yet moved or touched the gazebo.

The first day was OK, on the second day, I came home from work, and the gazebo had broken free of it's secure fixings and ended up on my lawn. The frame was in a bad shape and clearly could not be used again. I informed the "company" (by all accounts it's just one person) and told them exactly what happened.

His response was that I should be charged for it.

I still have the hot tub at my house and have just requested a copy of my Ts and Cs (which we didn't get after we had signed and paid the money for).

But just from a legal point of view, who has the stronger case?

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He should be insured against such events.

You haven't misused the gazebo, so there's nothing he can claim from you.

It would be different if you put it up yourself, but this is not the case.

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Pretty much my take on it!

I'm gutted in a way because he was a really nice guy and I don't want there to be a sour ending to it. So far he is communicating by text messages and I will undoubtedly run into him when he comes back to get the hot tub

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I'm very curious. Please would you post up a picture


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Can the poles not be bent back to straightish?

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Can the poles not be bent back to straightish?

 

I model is pretty much one of these...

http://www.gardenstreet.co.uk/draper-concertina-folding-gazebo-3m-x-3m-p3231

 

The horizontal poles are concertina folding type and the winds caused the stresses here and completely bent the metal poles from their screws (snapped metal in places). So in a word... no!

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I'm very curious. Please would you post up a picture

 

I'm at work currently, what do you want a picture of? The gazebo frame? See my post reply above for a link to what it should look like and I will get up a picture tonight

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OK an update:

 

My text to him yesterday:

I'm disappointed you have come to the conclusion we need to be charged for the gazebo. Your words to me before you left were that it is fairly secure and should be ok. I think if you had anchored all 4 feet, there might have been a different outcome. I did not intervene with how you put it up. At the end of the day, I hired a hot tub with the gazebo being an extra. If I damaged the hot tub then rightfully so I should be charged. Considering I had to go out and buy my own gazebo as you did not offer to come and put up another one has already made this more expensive than I had anticipated.

I hope you reconsider your stance and put it down to an unfortunate loss as to not dampen the experience for us. And just to know where we stand from a legal point of view, please could you forward us the terms and conditions we signed on delivery as I don't think they were sent to us.

 

His response:

I'm sorry you feel this way. My words to you during installation was to take the gazebo down if there was risk of damage due to weather. This included showing you how to take the sides down by pressing the clips in, unscrewing the water weights and how to collapse the gazebo - this was done before the hot tub instructions began - as it was the most important. It is fairly secure, but you are responsible for ensuring its safety at all times - I cannot monitor the local weather situation across South Wales and not even the Met Office would give a guarantee on the weather.

 

My conversation to you on Thursday evening was that I appreciated that it was dark, raining and cold, and you could have a look if it was OK in the day time and let me know. As I had not heard back from you one would take it that it was usable. Had I known you were wishing to go and purchase a gazebo I could have supplied you with another one. You did not contact me until I contacted you today.

 

As requested I have sent the hire agreement to this address to ensure you have it.

 

We pride ourselves on five years of fantastic service to hundreds of happy customers, we cannot however, justify losses of £50 to replace this new gazebo. As a gesture of goodwill I would be happy to meet you half way and reduce the charge to £25 and hope you see this as a reasonable way forward.

 

Personally, I still feel that I haven't done anything wrong and whilst I understand £25 is not a lot of money, I think the principle of it is where I stand.

 

What would any of you guys do?

 

The bit in the Ts&Cs that applies here:

10. Before using the hot tub the cover must be removed and stored safely. The hot tub, cover and all other associated equipment are required to be stored and secured against damage, loss or theft. The Hirer is responsible for the replacement or repair of any items damaged or not returned to Topaz. The bond given against damages or theft is only part-payment against greater value loss and the Hirer is responsible for the full cost or repair or replacement and any subsequent losses as a result of such damage or failure to return all items in the condition they were received in.

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So, he both advised and showed how to dismantle for adverse weather?

 

I remember as a kid a neighbour borrowed my dads large wooden ladders to paint his house. The wind caught the ladders one night and they fell and snapped, neighbour tried to argue it wasn't his fault as it was the wind. .....My dad verbally tore strips off him.

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So, he both advised and showed how to dismantle for adverse weather?

 

Yes - but also said he has checked whats coming up weather wise and "It should be OK"

I checked it Thurs morning and it was still in place and fine. The wind was pretty much the same as when he put it up. Got home from work where I found the frame mangled on my lawn.

I am not a gazebo or weather expert so how can anybody have the foresight for it? For all I know it could have been a single gust of wind?

 

Plus, does that mean, if today a bolt of lightning hits the hot tub and breaks that I would also have to pay for that too?

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I guess in addition to my argument, I had conflicting advice regarding the Gazebo. If he had stated to take it down and only erect it for the party then I would have followed that advice.

He brought it Tuesday, knowing the party was Saturday.... funnily enough, it was supposed to be delievered on Friday morning but he offered to bring it early - on the Tuesday (probably made it easier for him) so if he delivered it on the day we were supposed to get it then it may not have happened

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My personal feeling on this: He's suffered a loss and looks like he's not insured against damage.

Despite your sound argument that his equipment should be fitted properly, I would go half with him and pay the £25.

I know it's not 100% fair, but somehow I feel sorry for him.

End of the day it's only £25 and compared to the party that would probably cost 10 times that, It's really nothing.

My opinion only, leaving aside all legal arguments.

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sorry to ask but who put up the gazebo? the hire co or you? it is not 100% clear from your post.

If it was the hire co then I would say that all risk is with them as the damage was not forseable or avoidable nor due to negligence on your part. The counterargument here is that you could reasonably be expected to know that gazebos dont withstand storm force winds and should have folded it up but if there is nothing in the terms of hire to suggest that then the first statement stands. a lack of T&C's beforehand to consider does also knock holes in any claim regarding what to do in event of a hurricane.

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sorry to ask but who put up the gazebo? the hire co or you? it is not 100% clear from your post.

If it was the hire co then I would say that all risk is with them as the damage was not forseable or avoidable nor due to negligence on your part. The counterargument here is that you could reasonably be expected to know that gazebos dont withstand storm force winds and should have folded it up but if there is nothing in the terms of hire to suggest that then the first statement stands. a lack of T&C's beforehand to consider does also knock holes in any claim regarding what to do in event of a hurricane.

 

He (the hire company) put up the Gazebo. He showed me how to bring it down in extreme weather if I needed to.

On morning of the day it blew over I checked the setup (hot tub and gazebo) and there was no cause of concern for me to think it should be brought down. If i'd known, of course I would have.

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Personally I think that you showed a lack of care, the item you hired was in your possession at the time and you had been given instructions on how to look after it, you failed to follow these instructions; i can see why the guy has the hump.


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Personally I think that you showed a lack of care, the item you hired was in your possession at the time and you had been given instructions on how to look after it, you failed to follow these instructions; i can see why the guy has the hump.

 

Are you him? :razz:

In all seriousness, why wasn't the advice then "I would advise to leave it down until the day of the party" rather than "I have checked the weather, it's pretty secure and should be OK".

With hindsight, I would have 100% taken it down until it was needed. But he set it up for me, left me thinking it would be alright and left me to it. I don't think I showed lack of care, it was up for 1.5 days before it blew down!

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Another thing (sorry for numerous posts on this)>

Say I do pay the guy the £25.. does that mean I get to keep the broken Gazebo? I can at least try to flog the canvas which is still in good order.

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Another thing (sorry for numerous posts on this)>

Say I do pay the guy the £25.. does that mean I get to keep the broken Gazebo? I can at least try to flog the canvas which is still in good order.

 

Come on!?!?

You're probably gonna spend £200 in drinks and are worried about a broken gazebo???

How much you think you can make? A tenner?

With all the hassle of keeping it etc.

Let it go, I would.

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I suppose you would say he should pay because you were using the gazebo as instructed. He would say you should pay because you didn't take the gazebo down before leaving for work.

 

Personally, I think meeting half way sounds reasonable.

 

You could always send him a message back saying you are happy to meet half way at £25 but would like to keep the wreckage!


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