Credit Solutions Ltd - Advice needed please

[***inca***]

This is a debt for around 2.5k that CSL are now dealing with (this was originaly a Barclaycard debt).

 

CSL wanted me to pay £50 a month originally, I said that £35 was all that I could afford. They accepted this.

 

I am now in receipt of Job Seekers Allowance, I sent a chq off to them for 35.00, I checked with my bank and the money had gone out of my account.

 

I then got a letter from them asking me to pay immediately as I had missed the payment.

 

Unbeknown to me, my bank had paid the chq out and then back in again as my JSA didn't go in till the next day (surely they [EDIT] could see I had money pending for the next day?) anyway I spoke with CSL and made a payment.

 

I was then told over the phone that because it was late I had broken the agreement and they would only accept a minimum of £50 a month now.

 

I cannot afford £50 a month, my JSA goes nowhere!

 

Can someone please point me in the right direction of some template letters (have done a search but cannot find them) so that I may write to them, enclosing a chq telling them this is all I can afford?

 

Also, are they allowed to just up it willy nilly?

 

Some help would be much appreciated.

 

Thanks

[PGH7447]

Hi Inca

 

This is a debt for around 2.5k that CSL are now dealing with (this was originaly a Barclaycard debt). Have you asked for the credit agreement by way of a CCA Request yet

 

CSL wanted me to pay £50 a month originally, I said that £35 was all that I could afford. They accepted this. Can you afford this?

 

I am now in receipt of Job Seekers Allowance, I sent a chq off to them for 35.00, I checked with my bank and the money had gone out of my account.

 

I then got a letter from them asking me to pay immediately as I had missed the payment.

 

Unbeknown to me, my bank had paid the chq out and then back in again as my JSA didn't go in till the next day (surely they [EDIT] could see I had money pending for the next day?) anyway I spoke with CSL and made a payment. Banks will not care if the money is there th next day, I would also check to se if they have hit you with any charges for this and reclaim them back from the bank

 

I was then told over the phone that because it was late I had broken the agreement and they would only accept a minimum of £50 a month now. Really how nice of them

 

I cannot afford £50 a month, my JSA goes nowhere! Only pay what you can afford, Minimum payment £1

 

Can someone please point me in the right direction of some template letters (have done a search but cannot find them) so that I may write to them, enclosing a chq telling them this is all I can afford?

 

Also, are they allowed to just up it willy nilly? No but they will, if they think you will let them

 

Some help would be much appreciated.

 

Thanks

 

OK send CSL a CCA Request, it costs £1 and can be found in the templates library Template N

 

Do not sign it, send a postal order, send by recorded delivery

 

they have 12+2 days to provide a valid agrement, after this time the account is in dispute and you can if you wish withold payment.

 

if they come back with an agreement do an Income and expentidure sheet and offer them £1 a month only

[***inca***]

Thank you for your quick reply.

 

They also changed my payment date, so that my new payment is now due on the 1st of every month!

 

Can I still ask them for the CCA if my payment is due that soon? I get so worried about things like this will they not start ringing etc?

 

I would want to pay more than £1, I hate dealing with people and just want it donw with, paid off and gone really. [EDIT]

 

I could easily pay £20 a month. Is this reasonable?

 

Thanks again.

[PGH7447]

Send the cca Request today / tomorrow send them a postal order for £1 as payment, stating this is all you can afford.

 

Send this with the CCA request

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

 

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

--------

remember you are the one in control not them, you decide how much and when you wish to pay, if they start calling just say in writing and put the phone down

[***inca***]

They aren't ringing at the moment, but I am worried they may start to.

 

So, the first thing I do is ask them for a copy of my CCA (presume there is a template for that) enclosing £1 PO. Am I enclosing the PO to cover the cost of the CCA, or am I also stating this is all I can afford? (Like I said I would like to pay approx £20 a month)....

 

Thanks again

[PGH7447]

CCA Template in the templates library on the CAG template N

 

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

 

Send this by recorded delivery with a £1 postal order.

 

In a seperate letter send a £1 postal order with a letter stating that due to working out an Income and expenditure form, this is all the capital you have spare to pay towards this debt. and that from now on you will only be paying £1 a month towards this debt, also state in the same letter that from now on all correspondence will be in writing only, and that if they phone you will refuse to answer any security questions.

 

if they do then phone send them the harassment letter above

[***inca***]

Isn't saying I can only afford £1 taking the pee though?

 

If it did go to court wouldn't they think I was silly, as I can afford more than £1?

 

Sorry for all the questions, but thank you for your replies.

[PGH7447]

I only offer advice, if you want to offer more then feel free

 

Isn't saying I can only afford £1 taking the pee though? Nope

 

If it did go to court wouldn't they think I was silly, as I can afford more than £1? Nope

Sorry for all the questions, but thank you for your replies Your welcome

Edited November 28, 2008 by PGH7447

[***inca***]

I think I might do, otheriwse I think they will get really funny with me.

 

I pay my other card £17 a month, I think I will offer them the same.

 

Thanks so much for your help!

 

What happens if they can't produce my CCA??

[PGH7447]

you can stop paying them until they do

[bazaar]

Hi Inca

sound advice from PGH.

The £1 will show willing to resolve your dispute, if it ever went to court. Now then, if they dont produce your legally requested documents, then you will have no obligation to pay anything until they produce a valid agreement.

I'm not saying you shouldnt pay, but the law is quite clear.

If you ever go to court, the judge will take into account your circumstances (If the other side win). You will never be told to pay more than is affordable.

The judge will also take into account their behaviour towards you when you tried to resolve, so keep logs of all the harassment they deal out.

[***inca***]

Thank you, sound advice indeed.

 

So, do you think I am better off simply sending the £1 PO for the CCA and seeing what they come back with and not sending them my payment due on 1st Dec in a seperate letter?

[Fred Bassett]

Personally, I would reduce the offer to 1p. JSA is only there to cover the basic living allowance.

 

Regards.

 

Fred

[PGH7447]

Personally, I would reduce the offer to 1p. JSA is only there to cover the basic living allowance.

 

Regards.

 

Fred

 

Even better Fred

[bazaar]

LOL Nothing like a bassett hound cocking his leg up on a DCA:D

[***inca***]

LOL :grin:

 

Okay, I have got a copy of the CCA request ready to post off, just need to get the PO to go with it.

 

Shall I send that alone, or send a payment also?

 

They know I have only recently started to get my JSA, so if I am sending a payment I could put in the letter about it only being a basic living allowance etc?

[bazaar]

I would just send the CCA off recorded del first. If you've only just started jobseekers, no one will blame you for first making sure you can live on that amount. Whats a £1 amongst friends eh?

[***inca***]

Ok, will do.

 

Just a little worried about that as my payment is due Monday!

[bazaar]

Inca

yes it is a worry, but you have genuinely tried to resolve this by paying them, they have then come back at you with a figure that is just not affordable. If they want to try their luck while youve put the account into dispute, then thats their look out

[***inca***]

Gosh I sound like a right moaning ninny don't I !!

 

So whilst I am waiting for them to get back to me with my CCA the account is on hold as it were and they can't (or shouldn't) pester me for payment?

[bazaar]

After 12 +2 days, if they dont produce by then or the 'agreement' is not enforceable, that is the time frame that the account is then officially 'In Dispute'. The ball will then be in their court as to what they will do next.

Make sure you dont sign anything to them, but keep all you letters etc safe.

 

'Gosh I sound like a right moaning ninny don't I !!'

Dont worry, its Friday have a good weekend:rolleyes:

[***inca***]

Okie dokie then, will post it out RD tomorrow and see what happens.

 

Won't be the last you'll hear from me though lol...

 

Thanks for your replies

[vengeancedemon]

Probably been said, but dont ever ever speak to them on the phone, they have one female who is an absolute total beatch! They will bully and twist whatever you say

If they phone just say, " All communication is to be in writing," repeat as neccessary whatever they say and refuse to answer any "security" questions. Dont rise to their insults, just repaet "All communication in writing"

 

Have had dealing with them, they are just as despicable as all the other ****

[***inca***]

Thanks hun, I have told them that before though and always leave my answer phone on as they always used to call witheld.