Banking - Direct Debit Guarentee, claim refund

[Fridgy]

Hi
my first post so be gentle!

i am in dispute with a company, either as breach of conditions or missold contract.
As the company are ignoring my complaints I want to focus their minds by claiming full refund on inflated direct debit payments they have taken. The bank say they cannot do this as the bank account is now closed.

what are the rules here?

thanks in anticipation

fridgy

[Fridgy]

Account (debt) reassignment, when account is disputed

Hi
2nd post, it gets more complicated!

the short version is can a company sell an account (reassign) if the account is disputed? They have failed to respond to issues raised which relate to their breach of contract or perhaps that the account was actually miss-sold. Whilst waiting for response I now have a letter from a debt purchase company to say they have now taken the account on,
( in the same envelope also letter from original company, same date advising transfer, very odd) conveniently from a date some time previous .
can initial company's liability be negated from breach/miss-sell by this manoeuvre, or is acquiring company now liable?
am I able to hold original company accountable in small claims court?

fridgy

[FlamingParrot]

Re: Account (debt) reassignment, when account is disputed

2nd post, it gets more complicated!

Where is the first one?

the short version is can a company sell an account (reassign) if the account is disputed? They have failed to respond to issues raised which relate to their breach of contract or perhaps that the account was actually miss-sold.

Yes they can.

Whilst waiting for response I now have a letter from a debt purchase company to say they have now taken the account on,
( in the same envelope also letter from original company, same date advising transfer, very odd) conveniently from a date some time previous .
can initial company's liability be negated from breach/miss-sell by this manoeuvre, or is acquiring company now liable?
am I able to hold original company accountable in small claims court?

Would you care to tell us a bit more about the reasons for your dispute and your grounds for issuing a court claim?

[nemesis45]

Re: Account (debt) reassignment, when account is disputed

Hi
2nd post, it gets more complicated!

the short version is can a company sell an account (reassign) if the account is disputed? They have failed to respond to issues raised which relate to their breach of contract or perhaps that the account was actually miss-sold. Whilst waiting for response I now have a letter from a debt purchase company to say they have now taken the account on,
( in the same envelope also letter from original company, same date advising transfer, very odd) conveniently from a date some time previous .
can initial company's liability be negated from breach/miss-sell by this manoeuvre, or is acquiring company now liable?
am I able to hold original company accountable in small claims court?

fridgy

The Creditor and or the debt purchaser can issue NOA's debts are sold in large Portfolio lots and creditors often authorise the debt purchaser to issue a notice on their behalf.

If the original creditor considers there is not a valid dispute or that any dispute has been addressed there is no block on them as to selling the debt.
Who was the creditor and which company has bought the debt?
Did you challenge this fully with the original creditor? Formal Complaint?

Was a response/final response made by the creditor.

nem

[Fridgy]

Re: Account (debt) reassignment, when account is disputed

Of course the contract is mobile phone, O2, it was a renewal/continuity of service that had the continued benefit of friends and family discount. The O2 employee orchestrated renewal/ new contract, but due to lack of particular handset, advise to go to a third party supplier, which was done. Details were then conveyed and f& f discount processed. Discounted rates were never applied to direct debits, complaint raised, no response. Due to extenuating circumstances account failed payment and contract terminated. My contention is that account was over funded (if discounts applied) at the time of termination. O2 say that discount would not apply due to a third party supplier. I have pointed out that if this decline had of been received during 14 day c/off period contract could have been nullified. The O2 employee, now left the company, confirms his part in the process, unaware that discount would not apply, but no rejection advised.
my view that it is either breach of contract by 02 (implied terms inducement by O2 employee) or contract was miss-sold, misrepresented by employee.
fridgy

[nemesis45]

Re: Banking - Direct Debit Guarentee, claim refund

Hi
my first post so be gentle!

i am in dispute with a company, either as breach of conditions or missold contract.
As the company are ignoring my complaints I want to focus their minds by claiming full refund on inflated direct debit payments they have taken. The bank say they cannot do this as the bank account is now closed.

what are the rules here?

thanks in anticipation

fridgy

You will need to give more detail to get proper advice!

Is this linked to your other thread?

nem

[Fridgy]

Re: Banking - Direct Debit Guarentee, claim refund

Hi Nem
yes this is linked with my other post.

fridgy

[nemesis45]

Re: Banking - Direct Debit Guarentee, claim refund

Hi Nem
yes this is linked with my other post.

fridgy

Keep it all on one thread fridgy otherwise this will get very confusing.

nem

[stevemLS]

Re: Banking - Direct Debit Guarentee, claim refund

I think you need to give a little information about the dispute - with what has been said so far I am not sure the DD guarantee would apply, I also think there is mileage in the position that the account being closed means they can't do it.

[Kati]

Re: Banking - Direct Debit Guarentee, claim refund

Where is the first one?

Is this linked to your other thread?

yes this is linked with my other post.

Keep it all on one thread fridgy otherwise this will get very confusing.

Threads merged

Hi Fridgy to LB xx

[nemesis45]

Re: Banking - Direct Debit Guarentee, claim refund

Thanks Kati:tinysmile_twink_t2:

nem