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Startline motor finance - Failed DD charges. **WON - REMOVED**


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Have a car hp agreement, regulated by the CCA 1974

 

Had a dd bounce. just checked the conditions.. and its stating

 

25 for a bounced dd,

 

AND

15 for a letter.

 

Surely, they can't do both.. the costs are supposed to be 'reasonable' and a true reflection of the costs for a failed dd

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cant charge anything

its a penalty and the FCA deem them unlawful and unfair

 

who?

 

Thread title amended

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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look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."

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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Share on other sites
look in the FCA conc rules...iike…

 

"CONC 7.7.5

01/04/2014

FCA

A firm must not impose charges on customers in default or arrears difficulties unless the charges are no higher than necessary to cover the reasonable costs of the firm."

 

Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

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courts have decided that it is reasonable to charge a fiver for a letter as long as it was necessary to send that letter. Now if they are sending out so called reminders for stuff they have already charged for that is called churning and is against the rules so cant even charge a fiver for that.

bounced dd? costs them about a quid if anything.

Edited by Andyorch
typos
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Thanks for the info guys.

 

They wrote to me stating they would add the charges to the direct debit, i wrote back saying that the charges were excessive and i would not be paying them, in this case, they didnt actually need to send me a letter, because i phoned them the next morning after the dd failed, asking for manual

sort code and account. so their money was no more than about 12 hours late.

 

So cancelled the direct debit and told them i would pay it manually each month.

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Update on this.. just received an email.. asking for the £25 again.. but further on , it states..

 

You will continue to incur late payment charges until your arrears have been cleared.

 

so they seem to be implying that they are going to charge me for not paying the £25..

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  • 2 weeks later...

As i suspected.. they have now added £15 for a letter charge, and now saying my arrears are £40

 

I have written to them saying their charges are excessive,and against fca rules.. etc.

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when another co did this to a friend

he simply cancelled and got ins elsewhere

he got a couple of snotty letters from I think close brothers

but nothing more

turned out is was them that were charging the penalty fees not the ins co as he had chosen pay monthly.

 

 

nothing ever showed on his credit file , don't think they can trash that for car ins funding,

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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Share on other sites

Sorry was thinking it was another thread screen

on a small screen

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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Share on other sites

So currently i was going to write back to them, and offer £5 as compensation for the 10 hour delay in them getting their money.

 

They are referring to the account, as 'in default' which ofc, it is not. i am siumply not willing to pay them 25 for a bounce dd, and 15 for a letter, that they did not need to write.

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  • 2 weeks later...

well done.

you mean FCA/OFT guidelines not the CCA?

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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Share on other sites
Doesn't that slightly contradict what you said earlier in the thread about not being able to charge anything?

 

I agree that the actual charges in this case seem to be massively excessive and probably easily challenged, but generally speaking if a firm can prove or justify what their reasonable costs are then they wouldn't seem to be in breach of any rules, or am I missing something?

 

To answer this question as to whether there are entitled to charge anything once they have tried to levy an excessive penalty, the answer is that they can't.

 

If they attempt to levy an excessive penalty then the term of the contract is void. Although the rest of the contract can continue, there is no power – even in the court – to order that the unfair term should be reconstructed in order to become lawful.

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