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

[Fuzzgin]

That's the attitude Peepo. The difference between your mood in this post and your first one is brilliant. Don't let them get you down!

[sillygirl1]

That 's the spirit to adopt with these DCA morons, they don't understand that even with the best will in the world there are times when hardship strikes and you can't take in the slack or whatever any more without causing yourself real problems (ie not enough money for food or heating or transport to work...)

 

If the letter really is intimidating you should take it to Trading Standards and complain about it to them.

[itsamomentintime]

can you post up the letter, minus the personal info?

[Brassed off]

Hi Peepo:)

 

I’m reading your thread with interest. I too suffered a nervous breakdown about four or five years ago and know exactly what you must be going through;)

 

Just to add to the advice already given – NEVER speak to any DCAs on the ‘phone - EVER – I have learnt that to my cost. If they do ring, do not answer any security questions and do not be drawn into a conversation with them at all no matter how nice they appear to be - tell them that you will correspond IN WRITING ONLY. I ended up getting caller ID which I didn’t realise was a free service, from BT.

 

If they are constantly ringing you, send them the Telephone Harassment letter Here – that should shut them up:p If they continue to ring, make sure you keep a log of all dates and times of 'phone calls.

 

 

Go get 'em Tiger:D

[debtsurvivor]

Just subscribing Peebo, letting you know that my situation was very similar to the circumstances you describe but now everything is in writing, I have had fantastic advice from this forum.

It looks like everyone has already pointed you in the right direction, keep posting let us know how you are getting along.

Best wishes

DS

[Peepo]

Thankyou for replies, I feel alittle better, still unable to muster a smile.

 

The letter said 'We allowed you to pay this account by instalments. In spite of this you have failed to pay your installments on time.

If you want the priviledge of paying by instalments you must pay every payment on time'

 

It was the privilege part that irked me the most. And incidentally the payment that I missed which they are referring to was the one for last Friday.

I read somewhere how debt collectors hassled a man till he commited suicide. I have been having these thoughts myself. A human being can only take so much ontop of everything Ive been through these last few years

[Hopeful1]

Hi Peepo.

 

Focus on the fact that you are now in control. As you read more and more on the site you will become familiar with the legal rights you have. Funnily enough creditors and DCAs aren't very good at volunteering such information. I can assure you the knowledge will give you strength.

 

Since joining this site i have realised that being in debt does not mean people are entitled to threaten or belittle me. Like you, i wanted to pay my debts, but using the CCA route bought me valuable time to start getting myself sorted.

 

Keep all paperwork, recorded delivery receipts and records of payments.

 

Keep posting and the support will continue.

 

Best wishes

[Blossomandebony]

Hi, Peepo,

 

Hope I can help to raise your spirits a little.

 

I don't think anyone's yet mentioned to you about what might happen if the worst comes to the worst and the DCAs do take action against you -sounds scary, doesn't it? WELL MAYBE IT'S NOT AS BAD AS YOU THINK!!!!!!

 

Just relax and think about the worst , the very WORST scenario . . . . .

 

Say if you fall way behind on payments on an account, it is true that they may ask the courts for a County Court Judgement against you. This is a legal declaration that says, 'Miss X must pay Company Y the amount of £xxx per month.

 

Now, the important bit is this - the court will ask you to send in a declaration of income/expenditure etc to see how much you can afford. So you tell them. And they WILL only set a reasonable amount for you to pay off each month. Once this is in place the company CANNOT do any more about the debt UNLESS you start missing these payments.

 

Of course, you will have a CCJ listed against your credit record but at least the courts have given you a set amount, probably much lower than the DCAs would like, to pay off.

 

It is only if you disobeyed the court's payment plan that the company can apply for a Warrant where bailiffs become involved . . . and this is a long way off from your present position.

 

Anyway, it's geting late now and I have to say goodnight - but try to keep this in perspective, Peepo, and not let it take over your life - you've done the right thing by asking for help and you will get over this!!! I will post more tomorrow . . .!

 

Cheers, BAE

[Goldlady]

Peepo I have two lever arch files full of letters threatening all sorts of horrendous things. Eventually it reaches the stage where you just file them away with all the others, including the postcards telling you there is a parcel to collect (not) and so on. You do become immune to them eventually;)

[babybear39]

Hiya Peepo

 

I too was in a very similar position and got the horredous treatment you're getting.

 

Contact either of these charities (free and excellent service from both):

National Debtline England & Wales | Contact National Debtline

CCCS - Contact Us

 

I'd also advise you to contact trading Standards ASAP regarding that horrible letter. Here's a link for them:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Good luck and best wishes and please try and put all this in perspective. They want you to be terrified so you'll pay, but you have rights and now you're getting the help you deserve

[Blossomandebony]

Peepo,

 

How are you getting on . . .?

 

BAE

[Peepo]

I sent off the letters last week & recieved my first reply today.

 

This one is from Red Debt Collection... 'We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974.

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependent upon receipt of the information from the original credtor.'

 

I await the rst of the replies...

[itsamomentintime]

hmm. intersting that they chase you for a debt that they have no credit agreement for - therefore no right to collect!!!

 

idiotis morinnis!!!!

[Hopeful1]

I sent off the letters last week & recieved my first reply today.

 

This one is from Red Debt Collection... 'We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974.

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependent upon receipt of the information from the original credtor.'

 

I await the rst of the replies...

 

Hi Peepo.

 

Hope you are feeling ok. This is the first bit of breathing space then. Keep us posted, we'll all be here if you get stuck or just need to share ;-)

[Peepo]

Hi, I am feeling low again after coming home & opening these letters.

It would appear that the 2 letters sent to DCA's with P.O BOX numbers have not been signed for as Royal Mail sais they havent been delivered & I am still recieving letters from them & having charges added to my account. Ive paid off £4 this month & they have added £13 charge!! What right do they have to do this??!!!!

[Goldlady]

Peepo, it may take some time but if they can't produce a valid CCA then they can charge you £1300 a month but they ain't gonna get it. That's how I looked at ridiculous charges when I was in your situation. Remember that and you will feel much better.

[Hopeful1]

Hi Peepo. Don't worry about not being able to track the letters. As long as you have the receipts to prove the letters went off.

 

Many companies do keep pestering for money because there will always be someone that will cave in and give them what they want. Until that agreement is produced they cannot do anyhting else other than make meaningless threats. Just file all the letters in case you decide to make a formal complaint at a later date.

 

Is it a credit card account that charges are being added to? If it is, don't forget these can be reclaimed.

 

Try not to worry.

[Peepo]

Mm, it would appear my debts have been sold to DCA's, what right do these people have to sell my debt on to a company that will add their own charges? I agreed to account with original lender, not these people my debt has been sold to, how on earth do they get away with it? Was it in the small print I wonder?

[spamheed]

They will do whatever they can as long as they can get away with it. You are now getting the hang of fighting back.

 

There are millions of people in debt in this country, those debts will be sold onto DCAs with far less scruples than the ones you're having to deal with. These people live in a commission based bubble, all they see is a way to get the new car, or holiday or whatever. You and I and millions like us, will pay for all of their jollies.

 

As Goldlady says, they can add whatever charges they want, it doesn't mean you're going to pay them.

 

Lets say that the DCA buys a debt of £100, they only pay a couple of pence for it. They aren't allowed to add their own collection charges because even if they find your CCA, those charges are contestable.

[Peepo]

Okie, Red Debt collection havent been in touch since their last letter. But it has become apparent that the other 3 DCA's have ignored my letters because they are still sending me letters saying I owe them money & have not once mentioned my letter

[Hopeful1]

Okie, Red Debt collection havent been in touch since their last letter. But it has become apparent that the other 3 DCA's have ignored my letters because they are still sending me letters saying I owe them money & have not once mentioned my letter

 

 

That is expected behaviour Peepo. They keep putting on the pressure in the hope that the person they're harrassing crumbles.

 

Sit tight and see out the deadlines

[Peepo]

The deadlines are up, letters were sent out on 28th November

[Hopeful1]

In that case, Peepo they have just exceeded the 12 + 2 days. Now you are entitled to withhold payment if you wish. After a further 30 days they will be in summary criminal default and could be reported to TS if they continue to demand payments.

 

You can either ignore the letters they're sending you or if you're not comfortable with that, send a non-compliance letter.

 

Try to read other threads in this forum, you will find many others who have been through this process.

 

[babybear39]

As Hopeful1 says deffinately complain to your local Trading Standards if they've passed the 12 + 2 and are continuining to demand payment. Here's the link:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[Hopeful1]

As Hopeful1 says deffinately complain to your local Trading Standards if they've passed the 12 + 2 and are continuining to demand payment. Here's the link:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

 

Hi BB - how you doing?

 

The complaint needs to be made after the 12+2 working days and the 30 days has passed, doesn't it?

 

Are they still looking into things for you?