debt collector trouble.

[shane247]

hey everyone, i'm new here.

been reading through the site for a day or so and found it very useful so thought i'd register and get some help

 

i am currently in debt of just less than £1000. the debt is three things, one is an o2 contract, one is a littlewoods account and the other is an ebuyer account.

 

wescot is dealing with my o2 account, i phoned them earlier today and asked them to put my account on hold for a week to give me time to seek advice.

 

what do you recommend is the best advice to seek? should i send them a CCA?

 

my littlewoods account is dealt with by NDR. i haven't rung them yet, they expect a payment on saturday which i won't be able to make. if i rung them what are my chances of them putting my account on hold for a week like wescot did?

 

thanks for any help you can give.

 

sorry if i haven't explained my situation very well, i'm just very panicky and frustrated at the moment.

[berrylover]

You cant CCA o2 as it isn't covered under the Consumer Credit Act.

 

Littlewoods - CCA NDR now. They will phone, they will write and they will threaten but they are like a dog with no teeth if they haven't got a CCA.

 

Ebuyer, I have no idea.

[shane247]

okay, i will CCA NDA.

should i ring them today and ask them to hold my account? whilst i send them the CCA.

[UnitedFront]

Don't ever speak with these "people" on the phone! Deal with everything in writing only, keeping copies of everything you send and everything you receive. If possible, send by recorded or special delivery, just so that you can prove that they have received it and they cannot say that they did not.

 

If you speak to these companies on the phone then they can say things to you and then completely deny having said them..... not that these honest companies would ever do such a thing!! ;-)

[shane247]

i wish i knew not to speak to them on the phone before now. i had a call from Wescot yesterday and it was the most arrogant person i've ever spoken to in my life. They simply didn't believe a single word i said.

 

With NDR, they are expecting a payment on saturday but i can't get the CCA to them before then so it will be yet another missed payment.. any suggestions?

[UnitedFront]

Well I don't know what to suggest, because if you can't pay it then you can't pay it!!

 

If it were me, I would fire off the cca request and then just sit tight! But you need to do what is right for you, if you are not a fan of suspense, then try an alternative route. But I definately know what I would do. ;-)

 

UF

[dannyboy660]

You could stop paying them if you really can't afford it.

The worse that can happen is you might get a CCJ. Unlikely, but not impossible and even if you do get one you should consider http://www.hmcourts-service.gov.uk/courtfinder/forms/n270_0499.pdf

 

Not a great deal to worry about really.

[shane247]

i think i will ask them to put my account on hold for however long they can and send of the CCA.

 

what are citizens advice, cccs, debtline and places like that like? are they helpful in talking to creditors etc?

Edited January 15, 2009 by shane247

[shane247]

just rung NDR and they've put my account on hold for 2 months, which i found generous. i think i'll get in touch with the citizens advice.

[palomino]

what are citizens advice, cccs, debtline and places like that like? are they helpful in talking to creditors etc?

 

CAB - usually good but sometimes variable

National Debtline - good

CCCS - don't resolve issues at all, just a payment service

 

All of these are charities and are independent of creditors.

[shane247]

national debtline seems like the best choice then? i will look into them.

 

i woke up this morning feeling awful, didn't sleep much thinking of how i could resolve the situation and today seems to have made it that bit easier.

[berrylover]

Get that CCA off to NDR as soon as possible. Arrange with Wescott to pay what YOU want to, whether its a fiver a month or whatever. Its better than nothing to them. Ebuyer I have never heard of so can't advise

[shane247]

i have just read more about the CCA and not sure if it is the right thing for me. the CCA sounds like it is for people who have only just got themselves into debt, where as i have been in it for numerous months after missing payments.

[UnitedFront]

No, Shane, anyone with debt for something such as a Credit Card or Loan, has a legal right to request a copy of the original agreement! This is regardless of how long you have owed the money, or how many payments you have missed. It is your right, and you are perfectly entitled to exercise it if you want to!

 

Keep your chin up and fight the good fight!!

 

You are in the right place to get some excellent advice!! And, more importantly, you are among friends!!

 

This magical place has an unbelievable ability to instil a sense of control that is lost whilst we are mindlessly wandering through the wilderness of debt, forever fighting the incessant demons and gargoyles that barrage us with letters and abuse on an almost minute by minute basis.

Once people have found the CAG, they can realise and grasp their legal rights and fight these hopelessly immoral beings that take such pleasure from the discomfort and pain of others.

 

Stick around in the forum here, participate in discussions and threads, and before you know it, you will be empowered and you will be strong.

 

There will be no more laying awake at night wondering what will happen, there will be no more tight chest, panicking that these people will persist with their idol and often misguided threats. You will be able to hold your head high, puff out your chest, and fight the good fight.

 

With the endless knowledge and support found here, one way or another, these issues can be brought to a conclusion!

Edited January 15, 2009 by UnitedFront

[berrylover]

i have just read more about the CCA and not sure if it is the right thing for me. the CCA sounds like it is for people who have only just got themselves into debt, where as i have been in it for numerous months after missing payments.

 

Not at all mate. I was in the same position with NDR as you. I cca'd them and they have been unable to come up with the document, and as such the agreement is unenforcable. As soon as the 12+2 working days were up for the CCA to be sent to me I stopped worrying about payments, as legally they cannot enforce the agreement without the CCA. It took a weight off my shoulders. Even though they threatened me with court it made me laugh, as I knew they would not do it as they haven't got the paperwork. I haven't heard a peep from NDR for about 5 months now.

[shane247]

ah okay then. thanks for all the help guys, i'm gonna print out a CCA template at college tomorrow and get it sent off. i'll stick around the forums though 'cause this is only the beginning.

 

cheers again, especially berrylover and UnitedFront, very helpful.

[UnitedFront]

No problems mate! Keep up the good fight.

 

UF

[Chris1933]

Hi Shane,

 

As mentioned NEVER ring a DCA, Wescot are swines for scare mongering,

 

You mentioned Ebuyer, are you still within the 9 months buy now pay later? ie making the minimum payments?

 

If you are and it's not been passed to a DCA then ring their credit helpline on 0844 844 4700. Ebuyer use many diffrerent finance companies but if its still with them make an execption to the rule and ring them. They are a very good company and won't use scare tactics to get you to pay what you can't afford.

 

If you cannot record the conversation, then get the name including surname, extention or employee number (legally required to give one of the three) and their possition within the company and email if possible. Once you have made an arrangement (hopefully) follow it up with a confirmation email/letter. . . starting with...

 

Dear whoever,

 

Confirming your confirmation that ..........whatever was discussed.

 

If its been passed to a DCA then it's the CCA route - BUT i assume it's a new agreement so chances are they will find it so you're hope is on it not stating the APR or being signed or elegible(right word i think)

 

Once again Never ever ring a DCA....but if its with the original creditor then a compromise is sometimes easier to find.

 

Good luck

 

Chris

[shane247]

sent the CCA off to NDR today. it will be with them tomorrow.

 

wescott sent me a letter today saying if i pay £58 they will reconnect my phone and transfer my account back to O2. i don't have £58 to pay it, but even so, it all sounds a bit too generous for wescott.

[shane247]

hey all.

 

i have recently sent off two CCA requests, one to NDR and another to Viking Collection Services. these are two debt collection agencies dealing with debt i owe on two products i bought on finance.

 

the third and final debt i have is a O2 contract phone bill, which has now been passed onto a debt collection service called Wescot. they seem to be pretty infamous.

 

should i send a CCA request to them too? or is it a different kind of agreement to other debts?

 

thanks for any help.

[godpikachu]

O2 problem

 

mobile phone contracts are not covered under the consumer credit at 1974, as you are applying for a service, not credit.

 

Is there any particular reason this account is in arrears?, or is it just because you haent been able to afford to pay them?.

 

If it is the former, then have you filed a complaint for the reason why? (such as bad service, technical problems etc?), if not, why not?.

 

If its the latter, then simply make them an offer based on what YOU can afford per week, even if its just a pound a week. DONT take any of their **** about you having to pay £58740876406874 per week or whatever, remember, the DCA monkey sat in the call centre gets paid on commission, the more they can con you into agreeing to, the more commission the monkey gets to spend on burberry clothing, cheap cider and CSA payments.

 

in addition, DO NOT ring them, ever, as DCA monkies are well known for tricking you into agreeing to things over the phone, and then going back on the agreement later.

 

 

NDR/Viking

 

If you have CCA'd these cretins, they have 12+2 days to respond by sending you a copy of the ORIGINAL signed credit agreement....if they dont, then they forfeit their right to enforce the debts or demand ny payments from you.

i would presume you sent these requests by recorded delivery, so you can verify that they have recieved them.

All you have to do in these 2 cases is wait the 12+2 days, if you dont recieve what you asked for, then you write to them stating that as they have failed to produce a CCA, then the matter falls into a state of serious dispute, and until such a time as which they can produce a signed "true copy" of the agreement, then they can go forth and multiply in a series of short jerky movements.

 

If they do send you something, let us know, as 9 times out of 10 they will not be able to produce an enforceable CCA, instead sending you a blank agreement or something else which looks "official", but is in no way connected with your request.

[shane247]

thanks a lot for the helpful post, i will write up a letter offering to pay a small amount each month. i send this to Wescot right?

 

i'm getting sick and tired of these DCA's now with their phone calls and letters, wish their offices would burn down.

[sosumi]

No Shane, don't wish that.

Wish instead that the Government would do something about them, and that the people they employ will wake up from this delusion that it's okay to abuse, intimidate and manipulate others.

[shane247]

or that.

[godpikachu]

thanks a lot for the helpful post, i will write up a letter offering to pay a small amount each month. i send this to Wescot right?

 

well, seeing as you owe the money to O2, id be inclined to pay O2, not wescot, they hate it when you do this, as it cuts them out of the loop and denies them their precious commission.

 

here, send them this by recorded delivery..

 

 

Dear sir or madam.

 

Re:- Account number xxxxxxxxxxxxxx

 

 

Having been contacted by the Wescot Debt collection agency, I realise I am in debt with you to the tune of £XXX.xx.

 

I am sorry about this situation but unfortunatley of late my financial situation has taken a bit of a downturn and I am struggling ot make ends meet.

As a gesture of goodwill, I am willing to make a payment to you of £xx per week, with a view to eventually clearing this debt off. This is all I can afford at this time, however in the future I may be able to increase this payment should my financial situation improve, however I must stress that this is in no way guaranteed.

This offer is not negotiable, it is all I can afford, and subject to your approval of this offer, please note I would only be willing to make payments to yourselves, NOT to Wescot or any third party, as my debt is with yourselves.

Please respond to me in writing ONLY confirming or refusing this offer, telephone calls will NOT be accepted

 

I look forward to reciveing your reply within 14 days so that we can sort this situation out amicably.

 

Yours

 

(print name dont sign)

 

I know i said earlier not to ring anyone, but it would be a good idea to call O2 first to verify how much you owe them, as if you contact Wescot they will include this amount, PLUS their ridiculous charges.

When you ring O2 though, DO NOT get into any discussion with them about it, if they ask, just tell them you are sending them a letter and you need to know amounts.

If they try nd bull**** you about "the matter being out of their hands", ignore this, they CAN deal with you.

 

If they accept your offer, then write to Wescot and tel them that you are now dealing directly with O2 and that you never want to hear from them again, and that they are to remove your details from their system, and are to write to you confirming that they have done this (they cant refuse to do this as it is a request under the data protection act).

 

If O2 refuse your offer, then thats that, you have made a goodwill offer of payment on the debt, and by refusing it they forfeit their right to ask you for payment.