Debt agency vanished, ALC on my back, help!

[fluffysammy]

Hi everyone, my first post so if in wrong place sorry!

 

I have been with debt agency for nearly 8 years, i was with Debtcall and then year ago was passed to Debtcom, My standing order was accidently cancelled. so when i realized (about 3 weeks later) i started trying to contact them and have been doing so for the past 4 months with no luck.

on thurday i received a letter from ALC saying i had missed a payment and to contact them straight away othwise the payment propsal would be cancelled, so i called them and the wonderful sweet lady said that it was to late that i have to pay them the full amount by 30th april, i did offer her payments but she said they had been trying to contact me for 4 months, i asked when as i had not received anything till this letter, she said nothing to that and said they had tried to contact my debt agency to, i said did you get hold of them cause i cant! anyway she wont let me pay monthly and did offer a reduced final figure but its impossible, so she told me to call back this week to let her know how i intend to raise the money and get it to them by the 30th or action will be taken.

At first i thought ok take action then, i already have a lloyds debt which was taken to court last year i owe £9,000 and i now pay £6 per month back, so this ALC debt to llloyds is £1,200 and i offered £5 per month or £400 final but she woulodnt even listen to me, so what do i do? should i send one of those CCA letters that i have read about and got template from on here or what? help please?

Also my other debts will chase me soon, do i wait for them to call or contact them first? is there a letter i can send to them?

 

sammy x

[JonCris]

These people really are complete & utter idiots.......where DO they get them from

 

Instead of trying to help you pay they hinder you causing thousands of consumers such as yourself to go on the offensive.

 

Here's what to do......... send a CCA request (template on site) via special delivery together with a £1 PO & that way you will forstall any attempt to enforce the debt.............& as an added bonus they might not be able to provide an executed agreement allowing you to tell them to.........get stuffed

[PossVox]

template here:

 

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

 

It's Letter N you need

 

PV

[Rahl]

And just the usual caveats .

 

Don't speak to them on the phone, don't sign anything, make copies of everything you send them, keep everything they send you . Assume everything they say to you is a lie before confirmation to the otherwise.

 

----

 

At the top of your letter [ Letter N from Templates ] :

 

Add :

 

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

 

----

 

I would definetely contact the one where you were taken to court asap.

[JonCris]

Rahl Good advice......Also if the OP has an answering machine add the following.......even if it ain't true

 

"Please be aware that for 'security' reasons your call may be RECORDED":D The effect is often a clicking sound

[fluffysammy]

Thank you for all your help.

Does it matter that i have been paying the debt back every month for last 7 years to ALC through the debt agency? does that change sending a CCA? cause doesnt my paying it for so long show on my part that i admit to the debt with them? sorry think i should have added that to my first post.

 

 

sammy xx

[Pinky69]

What happened before doesn't matter - you are entitled to ask for a copy of your agreement anytime and if they cannot supply one, the debt is unenforceable in law and the account in dispute until such times as they can supply one.

[PGH7447]

No you can CCA them at anytime, all you are doing is if they send a valid agreement back is that they are entitled to collect the debt.

 

and when you get one if you do, post it on here for the experts to check it over, hiding any personal data.

 

and if they fail to respond within the time frame of 12+2+30 then they are in default, for more info on the time scales etc, have a look at some other CCA threads

 

Good Luck

[babbles]

I too have had my debts managed by debtcall who are now debtcom for over 8 years. They are paying all creditors, allbeit a few days late sometimes. It doesn't stop the various companies hounding me on a regular basis. I sometimes just put the phone down as I cannot keep having the same conversation with them, over and over again. Voice texts before 8am, from McKenzieHall are not a pleasant welcome to the day. I keep asking DebtCom to sort this as they are acting on my behalf and getting paid for their services, always by letter, as they never answer the phone. By paying the debts, I assume that they are classed as active debts, even though the payments are minimal, due to financial retraints.

[babybear39]

Hi babbles,

 

Report MH to Trading Standards and the OFT for breach of OFT guidlines:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

 

Also, request MH's complaints procedure (they're required to have one by law), DO NOT SIGN, print your name and send recorded keeping a copy of the request with your receipt. Log all calls for use in the complaint to TS and OFT. If they don't reply to your satisfaction within 8 weeks of your complaint report them to FOS who will charge them £400 + for the pleasure of investigating.

[Pinky69]

Debt agencies only process payments you could make yourself and charge a fee for doing so, or in the case of CCCS, do not charge anything but are financed by the banks so they are not interested if things get difficult. The fact that you cannot even contact Debtcom on the phone speaks for itself. I took charge of my own debt mangement after a period with CCCS and haven't looked back since - they were never going to be a long-term solution.

[babbles]

Thanks babybear39 and pinky69, I will certainly follow that advice, it won't be long before MH are on the phone to either me or my Father who shares the same initials and surname. MH said under no circumstances would they deal with the third party - Debtcom, which, as you say, is against the OFT rulings. The one rare time that I did speak to Debtcom, they said that all requested information had been faxed, several times, to MH and that payments were made on time, all of which MH denied. It is the same for ActivKapital and more recently Fenton Cooper, the latter wanting to know the in's and outs of my home ownership status and work details. They soon went quiet when I reminded them that I am registered disabled, with a chronic heart condition, unstable angina and in constant pain from arthritis. Admittedly that is not their problem, but if my Consultant were to find out that my stress levels were sent through the roof by bullying tactics he would be fuming. Should I refuse to talk to them or give out any information when they call? All of these debts are years and years old and were put in my name originally, when I kindly signed up for store cards and credit cards, for my ex-partner. Hindsight eh, what a great teacher. You certainly regret at leisure.

[babybear39]

You're very welcome babbles. Request AK's complaints procedure also and make them look like the idiots they are

[babbles]

How on earth do I get a response from my debt management company, debtcom ltd. See previous posts. Phoning them is a waste of time, e-mails are never replied to. I am wondering now if they are even trading? Can this be checked up on somewhere? Should I stop my DD to them? Most concerned...........

[PGH7447]

Name & Registered Office:

DEBTCOM LTD

5 ENTERPRISE COURT

CROSLAND PARK

CRAMLINGTON

NE23 1LZ

Company No. 05940332

 

Status: Active

Date of Incorporation: 19/09/2006

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/03

Last Accounts Made Up To: 31/03/2007 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/01/2009

Last Return Made Up To: 19/09/2007

Next Return Due: 17/10/2008

Last Members List: 19/09/2007

 

Stop the DD they will soon get in touch

[Pinky69]

I phoned them and got an answering machine so they are definitley not desperate for business. It's your decision but I personally wouldn't hand over any money to an agency I couldn't speak to, especially when I am paying them for the privilege. You could make your own payment arrangements. I sent 12 CCA requests to DCAs after I came out of CCCS and not one of the, had a legitimate agreement. It took a bit of correspondence but in my case it was well worth it. It's your call.

[babbles]

I phoned them and got an answering machine so they are definitley not desperate for business. It's your decision but I personally wouldn't hand over any money to an agency I couldn't speak to, especially when I am paying them for the privilege. You could make your own payment arrangements. I sent 12 CCA requests to DCAs after I came out of CCCS and not one of the, had a legitimate agreement. It took a bit of correspondence but in my case it was well worth it. It's your call.

 

Thanks Pinky69 - at least they are "active" which is some very small consolation. The answer machine is always on, I think someone picked up, many moons ago, which threw me completely! I will write to them again and say that the DD will be stopped, as from this month, unless I get written confirmation that the CCA agreements are legit and are being honoured. As you say, I bet they soon reply. I will post when they do.

[PGH7447]

They wont care if there legit or not they are getting money from you for doing not a lot, CCA the DCA's and OC's yourself

Stop the DD and take control yourself, it is much more fun and rewarding

[berrylover]

OOOh that's not far from where I live, do you want me to nip round and knock on their door?

[babbles]

OOOh that's not far from where I live, do you want me to nip round and knock on their door?

 

That would be wonderful:) if only to see how big their offices are, if it's just the one phone, a small desk and a sign saying "back in 5 years". :-| There must be someone there, they send out statements every so often.

[berrylover]

Ok shall do (armed with my digital camera).

[babbles]

OOOOOOh, can't wait, looking forward to it. A bit more ammunition to my bow as well - :D

[berrylover]

They are based in a tiny unit on an industrial estate. On the photo of the back of the building they are where the windows look like an upside down pyramid. I would think you would be lucky if 2 people and a mouse were able to fit inside, and I have heard rumours that the mouse walked out due to the cramped conditions,

[babbles]

Many thanks for taking the time to photo the cow sheds, sorry, "head offices" of DebtCom. As you say, it is a somewhat small concern, probably only manned one or two mornings a week. I will be making anonymous reference to their head offices when I write to them. It looks like the whole place has sick building syndrome. Cheers berrylover

[babbles]

After further digging, DEbtcom are still going, albeit on a part time basis. I phoned the company who is next door, making up some tale about being given the wrong number. He went round to see if there was anyone in the office, which there wasn't. He said staff are in and out, but not in there full time. All very interesting. I have given them 14 days to respond to my questions and accounts, after which time they stop getting my money.