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DCA 'Admin Charge'.


splitpea
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I owe Commercial Credit Services £350 who collect on behalf of British Telecom. They have 'kindly' added a 25% admin fee to the debt, incresing it by £85 approx. This seems unfair and disproportionate. Can they do this?

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I'd tell them to feck off, personally.

 

Although a rather less childish person might write to CCS and inquire as to the basis for their fee. Can they point to any part of your contract with BT where it says that they are allowed to do this? I suspect not.

 

By the way, this is the Cabot sub forum, so a lot of folks might miss your post. Might be worth asking a mod to kindly move it? Not that we don't want you, cos we are a friendly bunch no matter what your problem is. But you might get more replies and help. ;)

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This is what the OFT debt collection guidance has to say:

 

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

 

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

 

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

 

c. not giving an indication in credit agreements of the amount of any

charges payable on default

 

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

 

e. applying charges which are disproportionate to the main debt.

 

So, you can tell them that all the need do to get you to pay these charges is demonstrate that they are provided for in whatever contract you had with BT, that they are based upon actual and necessary costs, and are not disproportionate.

 

Or you could just tell them to feck off. Then report them to TS, and start a fomal complaint through the FOS scheme, so that their attempt to obtain money by deception ends up costing them.

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Thank you. I think i will write to them and ask them where and when i agreed to such charges. Asking me to pay an extra 25% of the debt is just scandalous.

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Ask them for a copy of the contract that they are relying upon to levy the additional charges. They would have to produce it if they took this matter to Court.

 

CCS are dullards of the highest order, so don't expect them to respond sensibly. In my experience they don'tlike the OFT guidance up 'em, however, so don't forget to ask for a copy of their complaints procedure at the same time.

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  • 3 weeks later...

Thank you for your advice again.

I wrote to CCS asking them to provide me with proof of why they are allowed to levy such 'admin charges'. And I also asked them to demonstrate that these charges are not disproportionate to the main debt. I also offered to pay £58.49 over six months to pay my original debt (£350.93 minus the 'admin charge')

I have had a response from them in writing accepting my £58.49 but they say this must be paid until the debt of £438.66 (inc 'admin charge') is cleared.

There is NO mention in their letter justifying the charges NOR pointing to any part of a contract that makes provision for the charges. They have basically ignored my request to see this evidence. And they still insist I must pay the 'admin charge'. I need to know what to do next? Can anyone give advice?

I have kept photocopies and proof of posting of my letter requesting the justification of the 'admin charges'.

Please help if you can. Thank you.

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Gee that's nice of them.

Well they are breaking a number of OFT guidelines.

 

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

 

All here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Be VERY careful whose advice you listen too

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