Help Needed As i am Loosing sleep over this, Please Reply New To Forum

[deltauk1]

Dear Forum,

 

This is the first time I am writing regarding some issues. Please can some one be kind enough to guide me towards the right direction. Any suggestion reply will be really appreciated.

 

Background

 

Around 5 years ago I went overdrawn with bank X. After few letters and negotiations it was agreed that I will be making them monthly payment to reduce the debt. I have so far paid each and every monthly installment. Everything was fine till I received a text from a debt agency which requested me to call them back. Subsequently I called them and they advised me in a very rude and shocking manner that my bank has sold them the debt as I have not been up to date with the payments. More than anything I was confused, scared and upset as the agent from the company was extremely intimidating, rude and he made threats.

 

I called the company who was responsible for taking payment on behalf of the bank every month and they told me that they have sold the account and from now on I have to deal with this company based in Glasgow as mentioned above for the amount I owe them.

 

This new agent made me threats and also said that he will take me to court and bailiffs will be sent. He was adamant that I have not made the payments and hence his company has been sold the account. Now I only have one option either pay in full or go to court. I cannot afford to pay all the monies in one go and hence not sure what I should do.

 

Please can someone help me I am loosing sleep and this is affecting my health as well. I have had 11 operations so far and all this stress is not helping the solution.

 

Please let me know how I can continue with the same installment plan even though they have said they don’t do installment. I will add this new companies details at the bottom.

 

Look forward to hear from you.

 

Regards

DeltaUK

 

AIC Glasgow

[make them aktiv runners]

Firstly, never ever speak to debt collectors on the phone, as there is no proof of the conversation. Always deal in writing.

 

What you have heard is a load of rubbish, but difficult to prove you actually heard it (unless you recorded it).

 

Do you still have evidence of the banks agreement? If not, do not worry as your payment history will show consistency in payments.

 

Ignore the threats and continue your usual payments.

 

There may be charges linked to the overdraft that can be reclaimed. Send the bank a Subject Access Request letter with £10 postal order. Even if there are no charges, it will give you clear evidence of what is owing and what has been paid.

 

There is also a telephone harrassment letter you can send to the DCA. If they do phone in the meantime, refuse to answer security questions and insist on written communication only.

 

S.A.R - (Subject Access Request) letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Harrasment letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[surprise]

Is this Debt Collection Agency AIC by any chance as it sounds like their tactics. Don't let them worry you they can't send in the Bailiffs and if they did take you to court all you would need to do is to produce a budget planner. No Judge would make you pay more than you can afford. This is typical scare tactics. Make sure when you send your letters that you don't sign your name just type it in. Also ensure you send recorded delivery.

 

If you read around the forums on Debt Collection Agencies you will see some of the stunts they pull to wind people up. Don't fall for it. If they phone again just say you don't deal with financial matters on the phone write to me and I will respond.

[Conniff]

Well you've made the first move to getting a good nights sleep by registering on here, cag is better than any sleeping pill, so stop worrying now.

 

As said twice above and repeated here, don't ever talk to them on the phone, (their nasty tactics have worked on you and you are worried, which is their intent), refuse to answer any questions they ask to confirm who you are and they should put the phone down on you. If they continue you can just repeat over and over, "in writing please" and don't give them a chance to speak, or you can put the phone down on them.

They will probably continue to ring you until they receive the telephone harassment letter linked in mtar's answer, post #2.

[Piratedr]

Stop worrying and stop losing sleep this so called debt recovery company that has told you they are now handling the debt are breaking a lot of rules. next time they ring just plainly and politly say if you wont to talk about this debt then you can put it in writting and send it to me and then hang up. simple.

Have a good look round this site it is as Conniff says a fantastic site and is very useful.

[deltauk1]

Hi Everyone,

 

Thanks for your advice. I have send a CCA letter to them on Friday. This afternoon i recived a call from the company (Allied International Credit). I explained to him that i will need everything in writing. He got really upset and threatned me that "wait and watch what will happen in next 24 hours".

 

I have checked from Royal Mail that my registered letter arrived today to this company.

 

Please can you let me know what should i do next and how to deal with this?

I am getting panic attacks due to this and not sure what to do, Please help.

 

Regards

delta

[deltauk1]

Hi,

 

Yes it is AIC (Allied International Credit). I have never spoken to someone so rude person in my life!!! They actually want to harm you somehow by using all means!!!

 

Please help!

[postggj]

just remember these idiots are on commission

now you have put the debt into dispute they cant touch you

[surprise]

If you search for AIC you will see that this is typical of their bully boy tactics. Just sit back and wait, no need to do anything now.

 

In my case Lloyds passed my account to AIC I had the same phone call as you, I sent them a CCA letter and after 3 months they didn't come up with the agreement and they returned it to Lloyds.

 

You may get a couple of messages left on your phone asking for you to phone them urgent - please ignore. If they should continue with their phone calls send them the Harassment by Phone letter, if you have not already done so.

 

No need to panic, remember they cannot do anything.

[Josie8]

If its a current account then the statutory provisions of S.77 -79 don't come into play.

 

However, there will be unalwful penalty charges imposed as part of the debt so that will be enougfh to put it into dispute.

 

If it went to Court the Judge would merely make a Time to Pay order - which may result in payments being lower than those you are already paying.

[deltauk1]

Thanks for your advice. As mentioned i have sent CCA request. I can confirm that i refused to speak to them over the phone twice yesterday (as advised). Is it just a waiting game till they reply to me ?

 

Although i have to agree they are one of the worst in the market with no ethics whatsoever.

 

Regards

Deltauk1

[deltauk1]

Hi Everyone,

 

I am really upset to say that the phone calls have not stopped. I received a phone call on Monday and again this morning. They have been extremely rude to me. Also been sending me text messages that I need to contact them or else.....

 

Please can you help me what should I do now? Although he confirmed that he has received my letter for CCA but I terminated the phone call as advised by forum members.

 

I am not sure what my best course of action should be now? Can I send them a letter about harassment by phone and request a complaint procedure. This is what someone else has done, please let me know.

 

Regards

Deltauk1

 

[surprise]

Yes, send them the Harassment letter also ask for their complaints procedure.

 

You should not let these people get to you. You really do need a suit of armour when dealing with them, if they see they can intimidate you then they will.

 

Remember they can't do anything.

[Josie8]

Send Harrassment letter template to be found on debt forum sticky. Change your home phone number and your mobile number. Go ex directory on your home phone number. Then they will have to do everything in writing.

[deltauk1]

Hi Josie8,

 

I am new to forum and i cant really find the templete. Please can you help me or if you can copy the templete for me?

 

Thanks

D

[HP Guy]

I believe this is the aforementioned template:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Though I too am new to the forums - so please correct me if I am wrong

 

Andy

[deltauk1]

Hi Everyone,

 

Please can you let me know what is the best course of action now? I have not heard from AIC since i have sent the harrasment letter last Thursday(10/01/08.

 

As advised by everyone i have send a CCA request since (04.01.08) and they have not bothered to reply to that even.

 

Please help me as i am not sure what i can do now.

 

Regards

deltauk1

[RichardM]

There's no need to do anything. Until they respond to the CCA they can't enforce the debt, and the phone calls have now stopped.

 

The ball is now entirely in their court. They have 12 working days to respond to the CCA from the date of receipt.

[deltauk1]

Richard,

 

Many Thanks for your reply. As advised I will stay put and let you know when i hear from them. Still have another week for AIL to send my CCA.

 

Regards

Deltauk

[theywontwin]

Still have another week for AIL to send my CCA.

 

Which I doubt they will do delta, so dont worry.

 

Believe me my friend, I have been in the exact same boat as you. And following the advice from the good people on here, most of my worries have stopped. Just a couple more to sort out.

 

Dont give up hope, stick with it, follow the advice, and get some sleep. You will be fine.

[deltauk1]

Many Thanks for your advice and i will do just that and get some sleep.

 

Thanks for your help.

 

Regards

deltauk

[deltauk1]

Dear Forum,

 

Just wanted to let you know AIC has not replied to my CCA request. Today being the 12th working day. Please could you let me what should I do know?

 

Please reply as i dont know what to do.

 

Regards

Deltauk1

[surprise]

Nothing. Sit back and wait a further 30 days when they will have commited a summary offence at that time report them to TS and OFT.

[deltauk1]

Many Thanks for you help, I will do just that.

 

Regards

deltauk1

[theywontwin]

Nothing. Sit back and wait a further 30 days when they will have commited a summary offence at that time report them to TS and OFT.

 

Does the same apply when they send a letter saying, and I quote:

 

"We are currently requesting the Credit Agreement from the original creditor. You will appreciate that this could take some time. We shall contact you again when we have this information."