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Hi everyone.

I am new to posting so hope im doing this right !

I am currently in the process of trying to reclaim my bank charges but have just noticed this section on debt collection agencies.

The problem my partner has is a collection agency has taken over a 4 year old debt with sky tv.

Lately we have been recieving 2-3 phone calls a day asking for a payment.

My partner agreed a couple of months ago to pay £50 per month, but after 1 payment our circumstances changed and she can no longer meet this payment.

She phoned to notify them of this and offered to pay £20 per month but was rather rudely told NO !

She told them there was no way she could keep up the £50 so told them they would have to go through the courts and she cancelled the dd through her bank.

Thats when the problems started !

Firstly she phoned the bank to make sure the dd had been cancelled the day before it was due to be taken and was told it had, but the agency had set up a different dd for the same amount which was due the following day. When told she had not given permission for the new dd to be set up the bank said "It looks like the agency have been a bit naughty"!

Is what this agency is doing legal and can anyone offer me any advice on how to stop all these phone calls.

 

Thanks Lee

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Most banks will allow companies to set up direct debits without an authorised signature from the account holder. This allows people to set them up over the phone etc. However, if the d/d has been cancelled, the bank should not honour any request for payment, also if the company have been a bit naughty and set it up again without your knowledge then i would write to the bank in question and insist that no further d/ds be set up without your authorised signature. Your bank should refund you if they have tried to take a payment while the d/d is cancelled.


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Thanks for that info Martin2006.

I'll get my partner to write to her bank.

She was just worried that this agency would continue to set up new dd's without her knowledge and what little money does get paid into her account would be taken out before she withdrew it.

Any idea's on how to stop the constant phone calls ?

She's told them she can't afford to pay what they keep asking for and they'll have to go through the courts but the next person asks all the same questions and each call gets more and more pushy !

 

Thanks Lee

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Was also just wondering if we can go through the route of asking for a CCA ?

My partner thinks she had sky for the period in question but thinks her ex partner signed the agreement.

Any views would be greatly appreicated.

 

Thanks Lee

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If you give your bank the originator number thats usually the boldly printed number they can block any ddebits that any body tries to set up using that number.


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Was also just wondering if we can go through the route of asking for a CCA ?

My partner thinks she had sky for the period in question but thinks her ex partner signed the agreement.

Any views would be greatly appreicated.

 

Thanks Lee

I doubt very much if sky are covered by the CCA

You can send them a SAR and request the original agreement. There is template letter to send to stop the harrrasing phone calls, in the meantime just put the phone down. She does not have to speak to them.

Pay them a token £1 per month until you have the paperwork. How much is the debt - £50 a month seems a lot for a sky tv bill.


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Thanks for the advice Bailiffchaser.

Gizmo111 the debt is £312. This is the amount Lowell financial are demanding. Dont know how much the original debt was with sky.

Is there a letter template for the S.A.R ?

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