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2 debt collections agencies contacted me!!


toothfairy1
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Hi All

I am very new to this forum. I have been reading other posts with great interest and was wondering if anyone could give me advice please.(this may take a while)

I recently recieved a letter from red debt collections. They said i owe £450 for an abbey instant account. I have never had an instant account. I phone abbey they said an account was opened in mine and my ex husbands name in 1998, I was seperated and going through a divorce at this time as he was violent. Abbey said debt was for an overdraft?? The address on the account was my ex husband who is in army, i never lived at this address as he was by then with someone else. Abbey said last payment on account was in 2000. But they have no proof from 98 of who opened account. I cant remember ever opening an account especiallyas i was not with ex. Red debt said my name is on account as main holder i must pay but i only recieved a letter in Aug 2007 for an account i never new i had. I have contacted them quite a few times as they have been sending letters twice a week at least ( apparently got my address of credit search agency). I have said this is not my debt but ex husbands. They not interested and have now sent another letter saying they will be sending a home collection officer round. Im really scared as i dont like having debt and certainly not with people like this. I dont know what to do, they said they will not contact my ex, he is ignoring my call after he did agree to pay this debt when i spoke to him last but hasnt done anything about it!! pls help. Thank you Also .......

A couple of months ago a company called jb debt collections sent me a letter saying i owed almost £950 for a course i enrolled on through ics, I contacted the company and told them i had not done a course, in 2004 i had enquired about a course I think i may have paid a deposit (but not sure) Ics sent course materials but i sent back to them saying i didnt want to do course and cancelling within the time given. I never did the course and had not correspondence with college after that. The debt company said i ignored all correspondence of debt but i actually didnt know i had debt until 2 months ago. I phone ics they said they stopped correspondence with me as my company was meant to be paying?? I wasnt with a company that would pay for course so dont know where they go that from?? I have written to ics but no reply, JB debt said they will take me to court. What do i do?

I am so sorry for long winded posts thought i better put as much detail in as possible. Thank you in advance:)

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Alleged Debt no 1:

 

Write to them saying that you do not acknowledge any debt to them or anyone they may be representing. Remind them any alleged debt would be statute-barred in any case, and that any legal action they may be planning to take will be vigorously defended.

Do NOT give them a phone number on the letter, and do not sign your name, just type your name. If you have changed names from your divorce, sign in the name which was adressed to you.

 

Alleged debt no 2: Send JB a CCA with statutory £1 payment. also head the letter with the "I do not acknowledge any debt..." bit.

 

Don't panic, you've come to the right place. :-)

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For both of these alledged debts send your letters recorded delivery.

 

For alledged debt no 2 also do not sign your name on the letter and enclose a £1 crossed postal order rather than a cheque.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

For RED send them a statute Barred letter and force them to prove otherwise.

RED specialise in trying to collect barred debts.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Now for JB, I'm not sure this would be covered by CCA, but you could always go for a more general letter and ask them to prove your liability for this debt.

Edit as needed:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Again head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Good luck.

Be VERY careful whose advice you listen too

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Oh, how rude of me :o I forgot to say welcome to CAG toothfairy :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you so much for your advice everyone. I will sit and type up both letters to both companies today and get them sent recorded. I am so please that i have found this forum, its a bit intimidating dealing with these people as ive never had to do anything like this before. Again thank you and i will keep this thread updated of any developments.:)

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  • 3 years later...

I posted the original posts above quite a while ago. Update is that the first debt after much 'battling' was recognised as not being mine. I havent heard anything now for 4 years. However the 2nd debt the ICS debt was a different matter, although they couldnt provide me with an agreement and that included ICS, the debt companies and there has been a few, kept phoning at all hours and threatening to take me to court or to come to my home. Unfortunatley their intimidation worked and I set up a direct debit of £15 per month. I have paid £630 of the £950 so far.

I am now really struggling. My husband has been made redundant and I am really trying to keep my head above water with my bank loans and mortgage. THis £15 is just something I cant afford. THe debt has been passed to another debt agency, commercial credit service. I have had to cancel the direct debit otherwise I have other items that will bounce. They have telephoned me 5 times today. Can I just suggest they take me to court over the remainding money? They still have produced an agreement that I signed. I think paying over £600 for a course I didnt actually do because I felt so intimidated is sufficient as I am sure they paid an awful lot less for my debt.

Can anyone advise what I should do regarding this. I really am struggling with my day to day living at the moment.

 

Thank you

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They couldn't provide you with an agreement and you still paid. They have no rights to come to your house, you can yell them to get off your land. Call the police etc. They might take ou to court, they might donthis they might do that.

 

If they dont have proof of the debt why are ou still paying them.

 

Think that might need to take these fools to court ourself and get your money back.

 

Ps there are letters that stop them from phoning and also stop them from coming round your house

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Hi yes I know it was stupid of me to pay them, but they kept hassling me on the phone and threatening me with court. It feels very intimidating when it happens over and over. I was also worried that they may start hassling me at work. I will have a look through the letters and see if I can get something sent off. At the moment they are phoning quite a few times a day but I am not answering.

I am trying to do a budget planner for the rest of my debt. I am trying so hard not to default on my payments but its getting tighter each month and now with hubby redundant it will get harder. Was going to ask mortgage company for a payment holiday to give me a breather for a couple of months.

Thanks for the advice.

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Hi Toothfairy,

 

Sorry to hear your news...

 

It is imperitive you get that budget set and be realistic with it, dont try to keep all your creditors happy it just wont work..

 

You have a large secure debt (the mortgage) and that is your key debt at present, you also have your ctax and other utility bills which ALL take precedence over the unsecured ones.

 

At the end of the day you can only pay what you can afford and if they dont like it then tough. When they phone just pick up the phone, say "in writing only please" and put the phone down... they cant come into your house all they can do is make threats and act like they have powers that they really DONT have.

 

S.

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