Who am I paying ??

[tristar]

Hi, I have a couple of questions that I hope you guys can assist with?

1. I am receiving letters (complete with ref Nos) requesting me to contact companies I have never previously dealt with or heard of. They ask the usual "security" questions which I find irratating and have recently wondered if this is legal? They could be anyone, and with my address, date of birth, mothers maiden name etc... who can say what they could do with this info !! If they have sent me the letter, surely they already know who I am and what my address is? and I have given them the ref No to confirm it's me calling. Anyway, why do I have to deal with these people?? If they have aqquired a debt from another company, isn't someone supposed to info me?? I admit that in the past I have some difficulties but I'm maintaining payments to my creditors now, but it seems the debt moves to some other company and they then demand an increase in payment, which is not possible at this momment in time, trouble is I don't know which debt is now with who?? Any ideas??

2. If I cannot incease or settle in full (lol) a debt are these companies allowed to bombard me with threatening letters, evening phone calls and door step visits??

Any advise gratefully received

[stormo]

Hello tristar,

1 you say you are receiving letters who are they from ?
if you have never dealt with them what are the ref no`s, seems strange.

I would not reveal personal info on the receipt of a letter,best find out who is chasing you and what for? how old are the alleged debts?
Do you have CCJ`s attached to them?, a company cant increase a debt payment if the court has had an income and expenditure form sent to them at the time of a judgement,(not saying you have been ccj`ed though)


2, no they are not allowed to harass or threaten you, or call on you without your consent,also dont phone these people just contact them by letter.

If you have existing creditors i would ask for a copy of your credit agreement especially if you have been paying for some time,even if only token payments,you are within your rights to ask for your agreement under the 1974 consumer credit act,for a fee of a £1 usually a postal order send it to the company via recorded delivery so you have proof,this can also be tracked on the Royal mail website where after 72 hours you can obtain who actually signed for it,keep copies of your letters and keep your recorded delivery slips safe.

Hope this helps

Regards S

[tristar]

OK, some guidence if poss please. I have several debts intailly with banks and credit cards companies. I was paying the agreed sum each month as agreed with several different original creditors. Then, out of the blue I am contacted by phone by " Joe Bloggs" collections or "Sam and Sammy" solictors stating they are now in charge of the debt !! They immediatly want to increase my payments or I will be dragged out of my house at dawn and shot!!

So,
1. Can I ask these "new" companies for
a) a statement of accounts showing all my payments to date and the amounts outstanding?
b) A copy of the original credit agreement so I know who the debt was originally with (some seem to have moved thru several different collection agencies, so now I am unsure who I was originally in debt to !!

The reason I ask is so I can get a fuller picture of who is who and what I'm paying for. Also if they cannot supply me with the necessary details, do I have to continue paying them. I realise I have to repay these debts and have every intention of doing so, but I seem to have lost the plot as to who, why and for what.

Any advise or procedure / templates etc... gratefully received.

Great site, great people, fabulous support

[stormo]

Hello again tristar,ok here goes,if you have a number of alleged debts to various companies,you need to get organised so that you can deal with each case.

If your alleged debts have been passed to another company and you cant remember who the original creditor was you need to do this first.

1, get a copy of your credit files,these are from Experian equifax,and call credit,just google these and you will get the site info you need.
Send a £2 fee for each copy of your report to the CRA so this will initially give you the information on any defaults that might be registered to you.

2, when you have this information you will see a history of your financial affairs,and who your current creditors are.

3 Any DCA threatening court action you will need to contact them via letter stating for a £1 fee a request for your original executed agreement,as always keep records of posting as this is important as time deadlines are activated.

4 the request for a copy of your agreement will potentially halt any legal actions by the DCA as they have to produce the agreement as proof of any alleged debts and also to find out if they have bought the debt or collecting it on behalf of a financial institution such as a bank.

5 if after 12 days + 2 days for postal delivery they dca doesnt send you an agreement then you are within your rights to stop payments as the account is now in dispute.

There are letter templates on the site to help you,so look in there

Hope this helps regards S

[tristar]

Hi Stormo, Thanks great advice will tip the scales accordingly and get on the case. Your right re getting organised this is the key I think. Will get the dredit files and start from there. Will keep you info'd, and thanks again.

[tristar]

I have applied for a copy of my file from Call credit. Once I,ve checked it and got organised, do I contact the original lender or the blood hounds giving me grief now? If the wolves such as 1st credit, CapQuest etc... cannot supply me with a copy of the orriginal agreement, does that mean I can stop paying them ?

[tristar]

Originally Posted by tristar

I have applied for a copy of my file from Call credit. Once I,ve checked it and got organised, do I contact the original lender or the blood hounds giving me grief now? If the wolves such as 1st credit, CapQuest etc... cannot supply me with a copy of the orriginal agreement, does that mean I can stop paying them ?

Are Capquest and HL legal one and the same ?

[tristar]

HI all,
Please if poss some guidance. I have now got access to my credit files from Call Credit and Experian.

Now the confusing bit:

Only x1 CCJ showing. That's a result as I have paperwork for x3 Why do x2 of these not show?

Debts / Accounts to:
Midland Bank (Overdraft in the last century !!)
MCS (CCJ) Credit Card
Hamptons don't know (how sad is that!!!??)
Provi (CCJ)
Capquest (Northern Rock Loan, that I swear I have paid in full, but cannot find any documentation)
Both Midland and MCS are looked after by DG Solicitors.

None of the above appear anywhere on my files. !!??

Also I have 1st Credit showing a default entered on 01/03/2003 with last up date on 05/09/2005. This is on Experian but not on Call Credit. I understanmd this was originally RBS Credit Card debt, but again I'm not sure (muppet!!).

Now I pay all this lot each month, and am getting periodical call requesting I up the repayments etc etc.........

So guys, any advice?? it seems I'm paying these people without knowing what for, for how long and I need to get sorted. Hopefully with the help of the fine people on here I can get myself organised and at least know why, for how long etc.... I will have to keep paying, get this sorted in my monthly budget and maintain payments in the correct manner, At the moment I'm all over the shop and worried. If they have to be paid, Fine, I'll do my best, but having spent many a happy hour reading thru the treads on this site, I now feel I have the knowledge to a least ask the relevent questions of the DCA I'm paying.

Thanks in advance. Always a pleasure, never a chore!!

[tristar]

When I have posted, why can I not see it under new posts?

[gizmo111]

Some of the debts may be registered with Equifax

[tristar]

Ok, Equifax want £15.00 so that will have to wait, damn it !!

[tristar]

Test

[winny14]

hi tristar,
its £2 for your credit file not £15,
if you got this figure from the website then have another look round the one you get for £2 is a bit difficult to find but its there.
i believe you get the same information whether you pay £15 or £2 but i maybe wrong on this

[tristar]

Originally Posted by winny14

hi tristar,
its £2 for your credit file not £15,
if you got this figure from the website then have another look round the one you get for £2 is a bit difficult to find but its there.
i believe you get the same information whether you pay £15 or £2 but i maybe wrong on this

Thanks Winny, found it !