Help with debt

[igonemad2]

Hi All

 

I dont know where to start with this i have a debt collection agency sending letters to my door. I have not said the debt is mine, although Im sure it is. I moved just little over a year ago but do no longer go by the name on the letters.

 

I know I need to begin to address these people but have no idea how to. The last thing I want is for an agent to start knocking at the door I would not know what to say to them!

 

The money is for a large amount and after comencing a payment plan for a while I am concidering bankrupcy to be rid of it.

 

Please help me, I dont know anyone that has been in this situation, well if they have they kept it quite.

 

 

Thanks

[saintly_1]

what is the debt for ? creditcard bank load ect ?

[igonemad2]

Its for a bank

 

Is it safe for me to say that on here? I read on another post somewhere that they read these sites.

[saintly_1]

have you asked the DCA for proof the debt is yours ?

You say that you havent said the debt is yours but then mention a payment plan.

To be able to advise properly more details are needed

[igonemad2]

Sorry dont mean to confuse people, I have ignored all the letters that have come threw. I have not so much as even opened them to be honest.

 

I know I need to contact them and arrange a payment plan but I dont know how to go about it or if there is any loop holes. I have read some of the other posts on here and it seems all of the ppl who use this site know alot.

 

The last payment i made to the account was late 2006, I moved before then tho and had a letter threw my new door late 2007, I have been ignoring them since they started sending letters.

 

I hope this is enough info.

[Hopeful1]

Is it for an overdraft? Are there any charges that you can reclaim?

 

Could you say which bank / DCA are involved?

 

The more info you can give, the more help can be offered.

 

Best wishes

[igonemad2]

Right its as far as i know an overdraft and the company are lowell finacial. and i imagin there will be alot of charges on there too, i recon at least half the amount is charges. But it could be a bank loan untill i contact them i dont know.

 

[Hopeful1]

Do you still have the letters you say you haven't opened? Just wondering if these will tell you what they are chasing?

 

If not you could send a request for a copy of the original agreement for the acc. They should hold one for a loan acc. It is slightly different for a bank acc. as these only need a letter to notify you of the sort of acc. it was.

 

If it is a bank acc. you could then send off a Subject Access Request and reclaim all charges.

 

I or someone else can find you the links for template letters when you have decided what is the best next move

[igonemad2]

OK well I have just opened one of the letters it states we are trying to contact a .... name.... in who lived at .... if this is not you please contact us so we can omend our records.

 

the next letter says : client

 

thats all just tells me the original creditor thats it.

 

it doesnt state if it is the overdraft or the loan i imagin its the over draft due to the amount.

 

is it possable they no longer have the subject access request i first singed for the overdraft in 2005 early 2005 i think i cant remember properly.

 

I wish i kept paper work lol.

[igonemad2]

OK well I have just opened one of the letters it states we are trying to contact a .... name.... in who lived at .... if this is not you please contact us so we can omend our records.

 

the next letter says : client +++++++

 

thats all just tells me the original creditor thats it.

 

it doesnt state if it is the overdraft or the loan i imagin its the over draft due to the amount.

 

is it possable they no longer have the subject access request i first singed for the overdraft in 2005 early 2005 i think i cant remember properly.

 

I wish i kept paper work lol.

[igonemad2]

sorry i have posted the same thing twice lol

[Hopeful1]

sorry i have posted the same thing twice lol

 

Don't worry!! You'll soon get the hang of it!!

 

I would consider sending the DCA (Debt Collection Agency) a Consumer Credit Agreement request. With this you would need to send a £1 postal order and post it by recorded delivery.

 

You will need letter N from this link:

 

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

 

From now on, keep all letters and receipts

 

Sorting debt out is not easy. It will probably take lots of letter writing and perserverance but it really is worth it. I came here like you - no letters read or kept, head in the sand etc. Within no time i was back in control. So keep at it.

 

Keep posting your progress and you will get plenty of support from people on here

[Hopeful1]

Just to add, making this request will help to establish which account they are after and whether or not the DCA has a legal right to collect on the acc.

 

After you have established this info you could send off the SAR i mentioned earlier to reclaim charges an dmaybe PPI. The SAR will show exactly what the balance is made up of.

 

One step at a time

[igonemad2]

by doing that tho will i accept that the debt is mine weither they can prove it or not?

 

what happens if they do not produce the doc.. or if it is the wrong one?

[saintly_1]

perhaps the proof of debt letter might be a better starting place ?

 

Dear Sir/Madam

 

Account no:

 

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

 

 

 

(Your Name) Print do not sign

 

See what they come back with

[igonemad2]

Right ok guys I have written it up and will send it recorded delivery.

 

Is there a time limit on which they have to reply? and should I (print) sign my old name on there account or should I use the name I go by now?

[debt4get]

whatever you do, do not sign the letter just type your name or add a digital signature, DCA's are not above reusing your signature

[debt4get]

see you are writing it in that case just print your name