Reliable Collections & Simply Be

[lee79]

I was just wondering what is the best way to deal with the late payment fees added to this account.

 

My wife's account went into arrears around November last year and she called them to sort out a repayment plan. They told her that due to the size of the debt (which was not all that big actually) there is no way they will take any less than £20. My wife did what she could on the phone but was suffering from depression so didn't chase up the request.

 

So, I called them recently as they had 'lost' my complaint and managed to get a repayment plan for £5.00 a month. This is despite the account being around twice as large now due to the addition of these fees at £24.00 per month (2 x £12.00 per month). I told them that we're not paying this and they told me as it was in Simply Be's T&C's then they are legal.

 

My problem here is that when my wife called them in November. Instead of agreeing to a plan they lied to her by saying that due to the amount on the account they could not take less than £20.00. Despite this claim in November they've recently accepted £5.00 on a debt that is now around twice the original debt. Had they not deceived my wife and accepted the offer as they have now then these fees would not be on the account as we would have been paying them.

 

So, can anybody recommend the best course of action to get these fees acknowledged by Simply Be as unfair?

 

Thanks - Lee.

Edited August 1, 2012 by lee79

[Bazooka Boo]

First off stay off the phone, keep everything in writing.

 

So has simply be sent you a letter stating that they have passed this account to unreliable collections to attempt collection? If not then DO NOT pay unreliable anything.

 

In fact don't pay them anything anyway, always pay the original creditor (OC)

 

Have you worked out exactly what are fees/charges and what is actually physically owed?

[lee79]

I got a statement from them. In total there are 13 charges made twice each month for £12 each, totalling £156. The outstanding balance is £331. So these charges take up a large amount of the balance. This is basically my complaint. Why, when the outstanding balance was around £150 did they say anything less than £20 would not be accepted when I've managed to get a repayment plan on a much higher balance for much less?

[lee79]

Actually, looking at the statement these 2 fees sometimes go out on the same day and sometimes one at each end of the month. 4 even can out in the same month, 2 at the beginning and 2 towards the end.

[Bazooka Boo]

OK, ignore their fees, how much is physically owed?

 

That is all you need pay back.

 

And as they are continuing to add these unfair charges with interest, then the only amount you need to pay is £1 a month.

 

Until they STOP these charges and any interest then it is pointless to pay anymore than £1 a month.

 

Don't ask their permission, just do it, when they spit their dummy out, you can then tell them they have to stop their unfair charges and to refund the charges, with interest, that they added previously.

 

Pay via standing order NOT direct debit.

[lee79]

OK, ignore their fees, how much is physically owed?

 

That is all you need pay back.

 

And as they are continuing to add these unfair charges with interest, then the only amount you need to pay is £1 a month.

 

Until they STOP these charges and any interest then it is pointless to pay anymore than £1 a month.

 

Don't ask their permission, just do it, when they spit their dummy out, you can then tell them they have to stop their unfair charges and to refund the charges, with interest, that they added previously.

 

Pay via standing order NOT direct debit.

 

Great, that's what I thought. So basically, when I kept getting the letters from them saying that the fees added were on behalf of their client as per their T&C's and the guy on the phone saying I had to pay them as they were part of the original T&C's, it makes no difference?

 

They actually stopped adding the fees in May but I think that might have been because of the complaints I made that they couldn't be bothered to answer.

 

Would it be more helpful for me if I send them a complaint stating I'm not paying them as not only are they unfair but also for the reasons already stated? That way I can get all of the arguing out of the way or should I just stop after the amount is paid for the actual money owed?

 

Thanks for the replies

[Bazooka Boo]

Well one of two ways really.

 

If they will not refund the fees they have added, with interest, then IMO I would simply pay what you physically owe, but at a rate that is realistic and comfortable for YOU, not them, YOU are the one who is in control so YOU dictate to them what YOU will pay, not the other way round.

 

Once you have told them what you will pay, stick to it religiously, hence why your offer must be realistic to YOU.

Once you have paid what you physically owe, then stop paying, they will of course trash your file for six years, but it will already be in default anyway, have you checked your credit file at all?

 

The best way is NOT to tell them your not going to pay their charges, but to ask them for a refund of their charges.

 

Sounds like unreliable were adding their own fees and attempting to hoodwink you into believing they were actually simply be's charges, hence why you should ONLY pay simply be direct via standing order, cut out unreliable deal with the original creditor (OC) direct.

[lee79]

Well one of two ways really.

 

If they will not refund the fees they have added, with interest, then IMO I would simply pay what you physically owe, but at a rate that is realistic and comfortable for YOU, not them, YOU are the one who is in control so YOU dictate to them what YOU will pay, not the other way round.

 

Once you have told them what you will pay, stick to it religiously, hence why your offer must be realistic to YOU.

Once you have paid what you physically owe, then stop paying, they will of course trash your file for six years, but it will already be in default anyway, have you checked your credit file at all?

 

The best way is NOT to tell them your not going to pay their charges, but to ask them for a refund of their charges.

 

Sounds like unreliable were adding their own fees and attempting to hoodwink you into believing they were actually simply be's charges, hence why you should ONLY pay simply be direct via standing order, cut out unreliable deal with the original creditor (OC) direct.

 

I actually thought I was dealing with them in regards to the last phone call I made as the number came from a Simply Be letter but appears to have gone through to Reliable.

 

So, at the end of the payment is there anything to stop them from just sending my wife to court for the rest of the debt? Sorry if the answers are straight forward but not had to deal with fees before. Also, as the debt is a catalogue debt then how would they go about separating what is the interest from the actual purchase and what is interest from the fees?

[Bazooka Boo]

OK stay OFF the phone, only deal with this in writing now.

 

AFAIK no-one has ever been to court regarding unpaid charges or fees.

 

This is a very minor petty catalogue debt, which once again, AFAIK have never been to court.

[lee79]

OK stay OFF the phone, only deal with this in writing now.

 

AFAIK no-one has ever been to court regarding unpaid charges or fees.

 

This is a very minor petty catalogue debt, which once again, AFAIK have never been to court.

 

Thanks Bazooka Boo

[lee79]

I'm in the process of trying to get these £12.00 fees removed from my wife's account. My first port of call was obviously Reliable Collections who have basically said they're not going to deduct them from the balance. On average there are 2 per month and have obviously added up.

 

Basically my wife phoned them last November or around there, in order to try and come to some sort of arrangement. However, the person on the phone said that due to the size of the debt they would not accept anything lower than £20.00. We couldn't afford this and my wife told them so. They didn't even try and come to an arrangement based on our financial situation. At the time my wife was also suffering from depression so wasn't really in the mood to battle them.

 

Fast forward to a few months ago and these charges were getting ridiculous so I called them. Sure enough I managed to get a repayment plan of £5.00 every 28 days. This is despite the balance now being roughly twice the size and the fact that in the previous contact they were adamant that they could not accept anything lower than £20.00 on a much smaller balance.

 

Had they accepted this £5.00 before, when the balance was much smaller then these fees would not be on the balance - so these came about as a result of their lying basically.

 

So, I received a reply to my complaint today basically saying that they will not remove them. So, as of tomorrow I will be putting a complaint to the OFT and FOS and I wondered what else I should do? I've read people advise others when up against an uncooperative DCA to lower their payment to £1 until they see sense, if on benefits. Is this advice for people on any kind of benefit, or just JSA as we are currently in receipt of benefits associated with low income households and not in receipt of JSA?

 

Also, having the direct debit (I know - standing order only) come out every 28 days catches us out as opposed to a set day per month. How would I go about changing this to S/O on a date we prefer - would it effect the arrangement already in place ie would they spit the dummy out and cancel it?

 

Any advice welcome

[ims21]

Hi

 

Who is the original creditor as it is they who you approach and sue (if necessary) to get those charges taken off (and the associated interest too).

[lee79]

Hi ims21 - the original creditor is simply be.

[ims21]

OK

 

Have you got all of the statements of the catalogue account, or at least all of those that have the charges on them?

[lee79]

I have a statement.

 

Basically prior to the charges being added the balance was £125.45 and at the time of receiving this statement the balance was now £331.47.

 

Of this there were 13 charges of £12.00 adding a further £156.00 to the account.

 

When I called them, the person taking my call told me (as though they were doing me a favour) that the charges had been stopped since May. Now, bearing in mind that I called in July, the person who replied to my complaint is claiming that these were stopped as a result of my call in July - which quite clearly isn't the case as the person dealing with my call told me.

[ims21]

Hi

 

Pop the charges into this spreadsheet. The "Claim To" date should default to today's date. Change the interest rate to the rate being charged on the account.

 

When you have done that let us know what amount the spreadsheet comes up with and the amount they reckon you currently owe on the account.

 

CISheet v101.xls

[lee79]

I'll get hold of the interest rate as soon as I can.

Had another reply from them that basically backs up my complaint in my opinion, however, they are refusing to give me a final response until my wife has filled in some sort of form to prove she had depression. Take this out of the equation and they have still acted in a way that they should not have.

[lee79]

Sorry, not had chance to do the spreed sheet yet but I have the interest. Will do it shortly.

Something to mention though is that my wife has been offered a discount/partial removal of the charges. These are calculated from when she made the call.