debt collector worry any help please !!!

[purple666egypt]

hello every1 im new here and would like to say hi before i moan as im new to this

iv had a seriously disturbing letter (at my dads address he phoned me not very happily this morning as they left a awnserphone message saying they would be cold calling at the address within the next 2 weeks)from ruthbridge saying if i didn't contact them theyve hereby given notice that bankruptcy procedings are due to commence !

ive telephoned them and obviously they were extremely rude (im quite emotional due giving birth 4 months ago and having post natal depression so he said to ring back later as he was contacting the people i owe the money to apparently it was a credit card from years ago and the last payment id made was oct 2002 ive moved about 4 times since then but anyway im clueless what to do i was gonna say about the letter only contact and request the credit agreement thing for a pound but my dad is going mental as its his address anyway i ang back and spoke to mr tibbs a complete git wanting all my information including phone no. i said i was on a mates phone and he said to give methat no.after me saying no he got quite attitudey with me any help much appreciated dont no where to start and im supposed to ring them back today !they said i owe £1183.40 but if i pay by the 8th feb i only have to pay £887.55 ?

please help

[Curlyben]

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

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

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

Letter N.

Is it important to start the letter:

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

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[purple666egypt]

can i phone and say i want all correspondance in letters and request the copy at the ame time ?? also can they do anything to my dad or his house/stuff?

[42man]

And do NOT hand sign the letter either !!!

[42man]

NO DON'T PHONE THEM.....write at the bottom of the letter - I WILL ONLY ACCEPT WRITTEN CORRESPONDENCE ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH

[purple666egypt]

thanx for replies

do i just write my name then?

[purple666egypt]

does it matter theyve already said theyll file for bankruptcy by the 8/2/08 or is that rubbish?

[Robdblynd]

Yes, in block print ................ never never ever sign letters to these type of people ................. and do not under any circumstances speak to them on the phone ................. they will harrass you into a corner if they possibly can.

 

It's probably a scare tactic but get the CCA in as quickly as you can, making sure to say in the letter that the 'account is in dispute' .... then they are not entitled to take any action until the dispute is resolved, it's again OFT debt Collection guidelines.

 

And don't worry so much, just post back here if you feel unsure and someone will be along to help.

[42man]

You MUST send the CCA as soon as you can....as a debt without a Consumer Credit Agreement is unenforceable by law....it puts the debt into IMMEDIATE dispute....