Debt collection hell, need advice & someone to talk to...

[Peepo]

Hi, this is very hard for me to write, I am at the end of my tether & feel very unstable.

 

Without wanting to go into to much personal detail I had a nervous breakdown about 2 years ago. To try & distract myself from the underlying problem I got credit cards & club book accounts, spent lots of money.

My repayments were going fine until I lost my job about a year ago. I managed to fend them off for a year until I was well again & able to get a job & am now starting to make repayments.

 

Im only earning enough to just live. I have told them this countless times & although I have been paying regular ammounts of £5 per week (as agreed) some are still charging me administration fees each month. I have now fallen behind with everyday bills like utility bills & am recieving letters threatening for them to come round & take my personal posessions away.

 

Each debt has been referred to an agency, one of which appears to trade under 2 names from same address, I have about 5 letters per day & my phone rings off the hook, I dont know whether Im coming or going.

 

I really need some help, can somebody please help me.

 

I am now about to go through the process of sending each one a letter to tell them I cant afford the £5 repayments & will be paying £1 to each of them each week until my situation changes. But Im fearful of the charges they will add to these accounts.

 

These are the accounts & agencies they have been referred to...

 

Littlewoods - NDR

Style Financial - Horwich Farrelly

Capital One - Red Debt Collection & Lowell

Viva La Diva - Reliable Collections

Powergen - Robinson Way & Company LTD

 

Can they really send bailiffs round to remove my posessions for these debts?

Possibly I gave to much personal infrmation there, sorry if I made anyone feel uncomfortable, I just feel like Im falling apart. I also have a 7 year old daughter & the situation is affecting us both, as much as I try & shileld her from it.

[zazen.warrior]

Unwanted Advice

[Goldlady]

They should have frozen all interest and charges when you set up the reduced payment scheme. I recently reduced my creditors to £1 a month - I would suggest you get the Citizens Advice Bureau involved if you haven't already. The CAB are really busy and all they did with me was sent a pack with draft letters, but when I wrote to the creditors I said I was writing on the advice of the CAB.

 

No they can't send bailiffs round without getting a judgement. They will threaten to send field agents but they are extremely unlikely to appear (no-one ever did at my house but I lived in terror and would not answer the door if I was home alone). I am sure you will get lots of help from the other guys on here with regard to letters you can send.

 

I presume your debts are all fairly recent from what you said above, in which case it is possible they have enforceable agreements, but then again perhaps not.

 

Please do not let it destroy you - I was in a similar situation about 18 months ago and with the help from the fab people on this site I have more or less got my life (and self respect) back;)

[rory32]

Can they really send bailiffs round to remove my posessions for these debts?

 

Not without a court order, no. They wouldn't get a court order (a walking possessiom order) because you're paying the accounts.

 

Realistically if you are on benefits you should perhaps be paying one pound a month rather than a week. While they won't like this if they took you to court and this is all you can afford to pay the this is what they would get.

 

Can I ask are you a homeowner or do you rent?

 

Have you asked for a copy of the credit agreement on any of these accounts?

[itsamomentintime]

Peepo you need to realise that finding this site is the best thing that you could have done.

 

Please try to stop worrying, hard I know but you are amongst friends now.

 

Regarding Rory32's post about credit agreements, you MUST send a request to each alleged creditor requesting a copy of your credit agreement for each alleged debt.

 

no credit agreement means that any creditor has no legal powers to enforce payment from you. simple as.

[itsamomentintime]

have a look at this

 

How and when to request a copy of your credit agreement « Fighting back against the dirty tricks of the Debt Collection industry

[Peepo]

Powergen do not refer 'live' accounts to 'real' dca's, is this an unpaid powergen final account?

 

Yes this is final bill from Powergen. I had to move my gas & electric to another provider as Powergen were going to remove my meter.

 

I am working at the moment, but am only earning enough to pay rent & eat. I live in rented accomodation.

 

Im worried that if I pay only £1 per week they will still add administration charges & the debt will not reduce but get bigger. I want to pay these debts off, I feel like they are all treating me like a loser that doesnt want to pay. Letters from them have included comments like 'since you arent going to face up to your responsiblities' These are letters sent to me when I have been paying them :-? Sometimes I feel like they are goading me, kicking me when I am down.

[Peepo]

have a look at this

 

How and when to request a copy of your credit agreement « Fighting back against the dirty tricks of the Debt Collection industry

 

Thankyou for the link. I read some things about this around this forum. If they cant produce my credit agreement will they not say I have admitted the debts existance by making repayments & therefore the debt is enforceable?

[itsamomentintime]

they might but the debt will be unenforceable because of a ruling by the high court.

 

i dont promote debt avoidance and am not recommending that to you however you do need to know your rights. plus the first line of your first post was quite worrying!!!!

 

send the cca requests to the alleged creditors with recorded delivery and let us know what you recieve back (if anything)

[Peepo]

P.S its not that I dont want to pay the debts or want them written off, I would just like some let-up from the harassment they subject me to.

[Goldlady]

No - definitely not Peepo. I have managed to 'lose' a couple who couldn't find agreements. I think the official line is that you were under the impression that there was an agreement therefore you were paying but if there is no agreement they did not have the right to demand the money from you and you are therefore quite within your rights to stop paying them.

 

If they can't produce the agreement they soon stop pestering you too and you can start answering the phone again.

[Goldlady]

they might but the debt will be unenforceable because of a ruling by the high court.

 

[Peepo]

ok I will send the letters off & see what happens. Thankyou for replies, its good to know there are people out there, I guess I was just reaching out in the dark hoping there was somebody there. I have a tiny sparkle of hope now tonight.

[Goldlady]

I had no intention of avoiding my debts either. However I was driven to seek help by similar horrible treatment by DCAs who seemed totally incapable of accepting that I had fallen on hard times. I was with someone yesterday when they got a call at work from a DCA who were trying to tell him they would make sure he lost his job cos they would tell his employers all about his debt problems:o. He now has the CCA letter ready to send.

[Fuzzgin]

How evil are these people? Peepo, you're in good hands here. This forum is full of people who were once in your situation and can now demand fair treatment from DCAs. Please never speak to them on the phone. They will tell you all kinds of lies to get you to pay what you can't afford. Get everything in writing.

[Newborn]

The DCAs are leeches and their own living totally relies on the legal ignorance of people who unwittingly fall on hard times. I really hope that this site will force the original creditors to take the ultimate responsibility for the position they put people into by their forceful marketing of credit facilities, instead of selling the problem on to a bunch of gorillas.

 

PS has anyone noticed the roll out nof the new Experian facility for lenders - 'RISK TRIGGERS' - this allows subscribing lenders to be instantly informed of a late payment by a borrower to any other lender. This then allows your bank and credit card companies to instantly reduce (or remove) your loverdraft and card limits. It will reduce their exposure to risk but may leave borrowers with no access to ready money. This could accelerate the route to default etc which is what the DCAs want!

[diskmandave]

I have to agree with everything that everybody has posted here.

 

Whilst I must agree that the Consumer Action Group does not in any way promote or condone debt avoidance as such, pursuing legal rights as set out in Statute and particularly the Consumer Credit Act is the way forward in dealing with debt collection agencies.

 

Whilst a debt maybe morally due, it is ones legal right to be sure that the pursuer has the legal right to actually pursue the debt.

 

This is why we advocate sending the CCA request. It is a legal request pursuant to Section 77/78/79 of the Consumer Credit Act 1974.

 

Simply, a DCA acting for a client must abide by Section 175 of the Act and pass the request back to the client for action pursuant to the timescale by statute. As such, for the purpose of the Act are seen to be the Original Creditor.

 

Simply, an entity having purchased an outstanding balance must abide by Section 189 of the Act and pass the request to the Original Creditor for action pursuant to the timescale by Statute. As such, for the purpose of the Act are seen to be the Original Creditor.

 

The CCA request can be found here...

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Change to suit your details. Also, include a P/O for £1 which will cover the statutory maximum fee, and be sure to send by 1st class signed for, or if cash flow will allow, Special Delivery.

 

If I might add.. Could we all be careful please when we advocate *names* in return to these agencies... Whilst we may not like what they do, and how their telephone agents act... We need to keep the moral highground and not act on their bad behaviour. Keeping within this model will win us the battle every time.

 

Best wishes, Dave.

[diskmandave]

I see P1 watching, whom I respect greatly!!!

 

Any comments P1 ?

[sillygirl1]

PS has anyone noticed the roll out nof the new Experian facility for lenders - 'RISK TRIGGERS' - this allows subscribing lenders to be instantly informed of a late payment by a borrower to any other lender. This then allows your bank and credit card companies to instantly reduce (or remove) your loverdraft and card limits. It will reduce their exposure to risk but may leave borrowers with no access to ready money. This could accelerate the route to default etc which is what the DCAs want!

 

I noticed this and apparently a Risk Trigger can have a devastating effect - one 'hidden risk trigger' apparently will be non payment by direct debit.

 

Since I stopped paying by direct debit I haven't had one bank charge - stands to reason what they are trying to do. Is there any way of stopping this misuse of personal information.

 

There can be many reasons for missing a payment and it shouldn't immediately be classed as a Risk Trigger - some organisations will use this as a platform to dump people who complain about them. One Risk Trigger that shouldn't be reported is the companies who take eight days to process a payment from you - despite the money coming from your bank immediately!

[Peepo]

Tankyou for the replies everyone. I have taken onboard what you are saying about requesting my credit agreement & understand the angle. I am asking these people have they the proper paper work to confirm that they have the right to harass me for this money.

 

I have started writing the letters. I have one question though. With regards to my outstanding utility bill with Powergen which is now in the hands of Robinson Way, can I ask for proof of credit agreement? As this was not a credit account like say for instance a credit card.

 

Since this all started I have often thought how disgusting it is that peoples debts are 'sold on' , making money out of peoples misery & treating them like people who refuse to pay, when they are simply in a position where they are unable to make full payments. Its very degrading.

[itsamomentintime]

I am asking these people have they the proper paper work to confirm that they have the right to harass me for this money.

 

 

no-one has this right Peepo, especially DCA ****

[Fuzzgin]

Just one point, whatever paperwork they have or haven't got, no one ever has the right to harass you. It's worth remembering as (wrongly)claiming such a right is the greatest weapon at the disposal of DCAs

[PriorityOne]

I see P1 watching, whom I respect greatly!!!

 

Any comments P1 ?

 

Sorry Dave.... must have missed your post last night.

 

Agree with everything you've said by the way. When a creditor or a DCA starts to demand money with menaces, or increased payments with menaces.... hogs your 'phone line, speaks to you like poo on a shoe, etc.... lol, then people owe it to themselves to protect their own backs. If that means throwing a debt into dispute with a CCA request to the orignal creditor, then so be it.

 

I have challenged 2 such creditors in this way... was quite happy to make token payments for years based on what I could genuinely afford, but saw red when they rang up with supposed powers of God Almighty himself... lol... and started issuing threats.

 

I don't do bullying... and no-one else on here should put up with it either.

 

Have a great respect for you too DMD !!....

 

[Goldlady]

 

 

I have challenged 2 such creditors in this way... was quite happy to make token payments for years based on what I could genuinely afford, but saw red when they rang up with supposed powers of God Almighty himself... lol... and started issuing threats.

 

 

My situation too P1 - no-one should have to be intimidated in that way. After all if it went to court you would only be asked to pay what you could afford, so what gives the DCAs higher powers than the courts?

[Peepo]

I recieved another letter today, worded in a way to belittle me, like I am a child.

I will not stand for this any longer! I will not be spoken to in this manner by people who know nothing about me & refuse to listen when I tell them!