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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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In August 2010 I started proceedings with First Debt Finance

Customer Question

In August 2010 I started proceedings with First Debt Finance to manage my credit problems with mis sold PPi, I subsequently received a phone call from One Debt Solutions (unsolicited) leading me to believe they were working as First Debt Finance, at the time First Debt Finance were setting up the arrangements with my creditors, then I received a mandate from One Debt Solutions to set up a direct debit @ £200 per month after the second payment to One Debt Solutions I cancelled all my direct debits with my bank due to other problems at the bank to wich my bank offered assistance to solve these and subsequently reset up my direct debits but this time ommitting One debt Solutions and set up one with First Debt Finance as was my original intension.
E ighteen months later I checked to see how much had been payed to First Debt Finance and noticed that there was a short fall of £400, it was then I discovered that I had been making payments to two different companies.
I got in touch with One Debt and explained that they had received payment in error due to a misundestanding because of the similarity of their company names and infact First Debt Finance had been working at my request previously to the contact with One debt Solutions, it has also come to my notice that no action had been made to recover any finance due to me from the mis sold PPi or any payment to my creditors.
I have made several attempts to recover the £400 erroniously paid to One Debt Solutions
but they refuse to return it explaining that it has been absorbed in addmistration costs.
Am I legaly entitled to reclaim this money.
Glenn Bartlett
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Did you sign any contract?
Customer: replied 3 years ago.

Hi there whether I signed a contract or not is irrelevant. I cannot remember signing a contract, but if I did then I would have been under the impression that it was for First Debt Finance and not for One Debt Solution as explained at the time I applied to do this, it was for to be with one particular company only and not for another, as in this instance you cannot have 2 plans.


 


With First Debt Finance (which is the company I intended to be with) I applied to be with them online.


 


Whilst that was happening I received a phonecall of sales from One Debt Solution in which I was under the impression that these people were First Step Finance.


 


There is a big question here, where did One Debt Solution get my phone number from?


 


I did not intend to be with One Debt Solution and only intended to be With First Debt Finance - in which later on this whole confusing discovery was made.


 


If anything I would have assumed that One Debt Solution and First Debt Finance were all part of the same company hence the similarities in names there.


 


Which is why whether I signed a contract or not doesn't count and this is what I have tried to explain to One Debt Solution, but the question is where did One Debt Solution get my number from? and were they really posing to be the same company as First Step Finance?



One Debt Solution need to understand that I assumed that they were to do with First Debt Finance and as I already explained that I applied only to be with First Debt Finance and no one else.



But since One Debt Solution are refusing to cooperate I may suspect of them.

Customer: replied 3 years ago.
Relist: Inaccurate answer.
More of a direct response needed and better understanding of the question.
Expert:  UK-Justice replied 3 years ago.
The obvious question will be if you sue them and it goes to court a judge will ask, did you not read what you were signing?

Did it have the different company name?

Was there anything in the documents you had to suggest they were working together? Did you just assume they were?
Customer: replied 3 years ago.

As far as reading and as far as I could remember I knew who I was signing for. I could see that it was the PPI company which as far as I was concerned there was only one company going on.


 


And what was in the documents to suggest that they were working together is that they were doing exactly the same as the other company that I applied for online in the first place and as well as the company names being similar, not realising I made a mistake here - and in a natural mind continued filling out the application.


 


But the question I have to ask here which is responsible for my mistake is where did the second company get my telephone number from? Leading me to believe that they were the first company.


 


The differences just did not occur to a natural mind as I plainly believed that this was for only one company not knowing that there were two companies going on here until I did a summary check of how much I've paid into my plan as of (approximately) March 2012.


 


It was completely oblivious to me that there were two companies going on here posing as the same for all this time and that it was when I did what I did in March that I made this discovery that they were actually 2 separate companies of no relationship to each other.


 


So therefore reading what I was signing for assuming all along that they were all one company.


 


(There are some other actions I could still do - to write to the company via a recorded delivery, as communication with them has been done via email)

Expert:  UK-Justice replied 3 years ago.
Have you yet raised a complaint with the ombudsman?
Customer: replied 3 years ago.

I would need to be able to find a relevant obudsman to do this as most would only deal with insurance companies. I would perhaps contact the Trading standards or the office of fair trading.


 


Thankyou for the help sofar Smile

Expert:  UK-Justice replied 3 years ago.
The problem I see you have is this.

If this went to court a judge would say did you not read the documents you were completing or signing?

Mere confusion is not enough. Case law shows that the documents have to be materially different. For example if you signed a document you thought was to claim PPI back but it turned out to be authority to sell your house.

So materially different. Here they are the same.

It is only 18 months later you notice a shortfall. A judge is going to ask, why did it take so long for you to notice? If it had been a month or so then you may have stood a better chance.

As this is to so with PPI then the financial ombudsman may investigate.

You would do well complaining to them as they are free, independent and can investigate any complaint.

If not then trading standards may well investigate. I don't think you can complain direct to the office of fair trading as any complaint is usually referred.

If no attempts have been made to settle PPI with the people etc you have been paying then you may have a case for breach of contract in they have failed to act with all reasonable skill and care.

This means you may be able to issue proceedings for some or all of the money you have paid.

But you would need to write and put them on notice of such and ask them to resolve within 28 days.

If they refuse then you can issue proceedings. You can do this online at www.moneyclaim.gov.uk - you have to pay a fee but this is added to the claim.

Any claim below £5000 would be a small claim and no solicitor is needed.

You will be surprised how quick matters are resolved once proceedings are issued.

I am sorry if this may not necessarily be the answer you want, but based on what you have said, this is the legal position.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Just one more query:-


 


Where did the second company get my mobile phone number from? Leading to such mere confusion.

Expert:  UK-Justice replied 3 years ago.
No idea I couldn't say or guess........

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Further to the previous question.


 


My arguement would be that such errors would not have been rekognise in such a short period of time such as the 14 days cancellation period in their terms and conditions, not even after maybe 1 month or 2 months would this problem have been noticed, as I already said this was completely oblivious unnoticed until I discovered it when I out of curiosity did a summary check of how much I paid into my plan back in March.


 


It was entirely out of curiosity that I did what I did in March which I made a random check of how much I had paid in to my plan with the company. What I did was simply added up the amounts that had been debited from my bank account and then contacted the company to see that they had the same figures as I had and then it was there and then I had noticed a major difference of £100s in the figures - otherwords were suggested to me as a shortfall.


 


Had I'd not done this what I did in March then this whole problem would have still been unoticed to me right now.


 


Problems like this can lie unnoticed for many years which is why such companies came about trying to help refund Payment Protection Insurance to customers to whom they did not know that they had been paying so.


 


Records on checks can go back as far as 7 years or maybe up to 10 years, i'm not sure of myself.


 


But in my situation I've managed to find this problem quite soon otherwise I would may have never known.


 


For example:- you cannot have 2 insurances on the same car otherwise is classed as being double insured, which is not allowed.


 


In this case you cannot have 2 different plans being dealt with 2 different companies.


 


You may have come to the understanding of this case, as describing this case has taken a long describing, or a number of ways to write.


 


(feedback will be rated in due course)

Expert:  UK-Justice replied 3 years ago.
I understand you can not have 2 different plans with 2 different companies.

However you did sign up with both, even if by mistake.

This is why I have suggested taking the action above via moneyclaim.

You can try and keep it is a small claim so even if you lose you only end up paying the court fees.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Well there may be a breach of contract as you say because the second company has taken monies from me and has not done anything with it. None of my creditors have received any monies and neither have First Debt Finance received any.


 


They should either pay the monies to my creditors as agreed


Or pay the money to First Dept Finance


Or pay the money straight back to me so that I can then pay the money where it should have gone to in the first place.


 


Whats happened here is the firm has just taken my money and not done anything with it - they have just kept it to themselves,

Expert:  UK-Justice replied 3 years ago.
Therefore that may be a breach of section 13 sale and supply goods services act.

So if you issue a small claim you only lose court fees if unsuccessful.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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