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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44962
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a financial adviser & have been paying a service fee for

Customer Question

I am a financial adviser & have been paying a service fee for compliance services since June 2007. they contacted me last year to say that they had not collected monies from Jan 2010 til . As soon as they pointed this out, I signed a new DDM & the payments have re-commenced. They are asking me for the back payments of approx. £8000. Am I liable to pay this as I did not stop the Direct Debit, they failed to collect
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. I presume you continued to receive the services during that period?

JACUSTOMER-huvtrmgn- :

yes I did

Ben Jones :

Did you not notice that no payments were being taken?

JACUSTOMER-huvtrmgn- :

Sorry-I didn't complete my original question. The DD was taken from June 2007-Jan 2010. They called late last year to say the monies hadn't been collected so I restarted the DD in Oct 2012.

Ben Jones :

ok but between 2012 - 2012 no money was taken - did you not notice that this was the case?

JACUSTOMER-huvtrmgn- :

No I didn't. It was from my business account (I am a sole trader) & have many outgoings so didn't notice

Ben Jones :

The issue here is that you have received a service, which you benefited from. I understand that the other side should have collected the payments via DD and you were under the impression that this was happening but their failure to make such collections does not mean that you can now refuse t pay anything towards these services which you agree to have received.

Of course it would be unreasonable for the other party to expect you to simply pay a lump sum of £8,000 now due to their failure to collect the payments on time. As such you should be able to arrange a suitable repayment plan where you still pay for the services received but at a rate acceptable to you and one which does not unreasonably inconvenience you.

If they are unhappy with this then all they can do is take you to the small claims court but whilst a court may find in their favour in terms of the fact that the payments remain owed, they could still order that they are repaid over a period of time, rather than as a lump sum.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-huvtrmgn- :

when I spoke to them last October, they asked me to pay £1000 immediately & then a monthly amount. He said that they would substantially reduce the amount outstanding as it was their error. He was to get back to me with a sum but I didn't hear back until 2 weeks ago. The guy I had been dealing with has since left the company & the woman who called said that they would take off £400 bringing it down to 8k. I said that was hardly a "substantial discount" 7 she asked me what I was prepared to pay. What do you think is reasonable?

Ben Jones :

What is 'reasonable' could differ greatly depending on whose opinion you seek. I agree that £400 out of a total payment of around £8,000 is not exactly substantial and I would suggest something along the lines of a 25-30% discount. I doubt they would agree to anything more than 50% so I suppose you start lower and work your way to a percentage you are happy to pay and they are happy to accept. You may never reach middle ground but the negotiations will eventually reveal that

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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