03
Dec
2023
A question about : BCW Charged me 10% on top of debt??
I have 3 accounts with O2 that have been passed to BCW group but they are included on my DMP.
I have called them today to get updated balances as they werent playing ball to start with.
They have informed me that each debt has had 10% added onto it as a fee for o2 passing it to them?
Can I contest these?
It's added Ј213 to my debt!
Any help appreciated.
Best answers:
- Tell them to jog on, just because they add the fee does not mean you have to pay it.
Charge them Ј25 for writing to them, tell them each subsequent letter will also cost them Ј25.
In my view that is a penalty charge, and under English contract law its illegal to charge a penalty, and don't fall for the old "its in the terms and conditions" chestnut, if you believe a charge is unfair, challenge it. - Thanks sourcrates
What do I tell them in my letter?
Is there a template for this kind of thing?
Thanks. - tell them that under the oft and fca rules they are only permitted to add charges where you agreed in the contract to that and where they represent actual and necessary costs
- what does your contract say about collection fees for none payment, it is likely to have something in there
- This from O2's T's and C's:
15. Consequences of Default and Missed Payments
15.1 In addition to the consequences of missed payments set out at clause 11, we may serve
a default notice on you, on the expiry of which we may terminate the Credit Agreement
and/or require you to immediately repay the outstanding balance (whether or not accrued
due for payment), if you:
(a) fail to pay us the Instalments or other sum due under this Credit Agreement on the
dates they are due; or
(b) breach this Credit Agreement in any other material way; or
(c) materially breach the Pay Monthly Mobile Agreement (including the Equipment
Agreement); or
(d) (in the case of a breach which can be remedied) you do not remedy a breach under (a)-
(c) above within the period specified in a default or similar notice from us; or
(e) become bankrupt or are unable to pay your debts or if an interim order in bankruptcy
is presented or made, or you become apparently insolvent; or
(f) have a proposal for a voluntary arrangement made in relation to you; or
(g) in Scotland, a grant of trust deed for the benefit of your creditors is presented or made; or
(h) you die; or
(i) you are convicted of an offence involving dishonesty.
15.2 If any of the events in clause 15.1 occurs, in addition to the rights under this Credit
Agreement and the Pay Monthly Mobile Agreement (including the Equipment Agreement),
we will also have the right to:
(a) block your SIM Card from using Airtime Services; and/or
4 5
Important - Use of your information.
We and other members of the Telefonica Group will use your
information in line with our Privacy Policy, available here at
www.o2.co.uk/termsandconditions/privacy-policy. We may pass
your details to other selected businesses for them to send you
information about their products and services, (by phone, post,
email, SMS, media messaging, or other means) which we think
might interest you. If you don’t want your details to be used for
marketing purposes, please write to us c/o The Data Controller,
Telef!nica UK Limited Arlington Business Centre, Suite N, Leeds,
West Yorkshire, LS11 0NE, or through the Contact Us section of
our Website.
Customer Declaration:
1. By signing this Agreement I confirm that I am1 8 years or over
and that the information provided is true and correct.
2. I confirm that I offer to enter into an agreement with us on
the terms set out in this document headed “Fixed Sum Loan
Agreement” and the Important Legal Terms supplied with it.
3. I confirm that I have had the opportunity to review a copy of this
form of agreement (including the Important Legal Terms) to keep;
and that, in good time before I have signed this, I received
a copy of the document headed “Pre-Contract Credit Information”
and that I have read and agreed to the “Important - use of your
information” section.
Signed on behalf of Telef!nica:
Signature:
Date: 31/01/2013
Director - Telefonica UK Limited
Signature(s)
Date: 31/01/2013(b) terminate your Pay Monthly Mobile Agreement.
15.3 You may be required to pay our reasonable costs (including legal costs) of collecting
unpaid sums or otherwise enforcing this Credit Agreement following your default or an
event described in clause 15.1. There are also the following charges for late or missed
payments reflecting our reasonable administrative costs:
Ј5.00 Late payment charge (to cover printing and outsourcing of default notices and arrears
notices required by law).
We may vary these charges to reflect the changes in our costs. The rate of interest charged
on late payments is 0%. - bcws charges are not 'reasonable'.
you can tell them to stuff them where the sun not shines - My son has been no fixed address from May 2014 -mid-June 2014. He has returned to live with me. Some mail has just been forwarded to him from a previous address, from BCW (dated June 2014). BCW have added a 10.75% admin charge to what he owes on an EE phone bill. Can they charge this admin fee? Can it be contested? He does owe them money because he lost his job and suffered with depression. Is it better to write to BCW as opposed to phoning them? I believe that as paper trail is always better. He does not have a copy of the terms and conditions (contract).
- I had a barclays debt passed to these, and i'm with stepchange. As soon as I told stepchange they contacted barclays to recall the debt, and BCW wouldn't deal with the debt when i told them as it's a DMP. Not worth their time. Hopefully this will be the same for you, good luck
- Thank you very much for your response. My son rang BCW and the mobile phone company had already recalled the debt! Settlement figures to follow in writing.
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