HELP - How do you make debt collectors listen?

[rima31uk]

Hi

I am currently at a loss, I have tried to communicate to my debtors ( both debt collectors and credit card companies) via letter as I do not have access to a phone due to being cut off. I send them financial statements showing how desperate my situation is and have made offers for payment of £1.00 per month, I've also told them to contact via letter because of no phone but all I get back from them is more threatening letters saying they are going to take me to court if I do not contact them via phone, they ignore all my attempts of trying to sort the situation out. Does anyone know what I can do as it is really starting to affect my health. I am already suffering depression and am seeing a CPN and taking Prozac to try and keep me stable I just dont know where to turn.

Could someone please HELP

[manchester1]

Hi Rima , firstly calm down and secondly can you give everybody more details of the debts , ie amounts, the creditors , when you took them out etc and i am sure we can try and help you.

 

Manc1

[dpick]

Hi as long as you are being reasonable with regard to your income and expenditure when making an offer to DCA/OC then all they can do is make threats if they do take you to court then the court will only make you pay as much as is reasonable in yoiur financial position though you would have to make the court aware of other debts you have and pay or are trying to pay.

 

Just remember DCA's and creditors do not have any power to send in baliffs take your kids your wife/husband partner etc (however much you would like them to).

 

dpick

[Fuzzgin]

First, don't panic. You're doing the right things by telling them to keep it in writing. You've made an offer, it's all you can afford and if it did go to a court they'd not be looked kindly on for bullying you when you're being reasonable. Keep copies of everything and don't let them get you down.

 

You'll get great advice on here.

[rima31uk]

thanks all for encouragement, the major problems that I have at the moment are with Link Financial regarding MBNA debt of 9000, they have done land registray search and are threatening to put charge on my house(which is currently on market) and Moorcroft who have just informed me that they are dealing with my debt to Egg for 10000. also have issues with Triton, Vanquis, Barclaycard etc. I have not cca'd any of them yet, should I do this with all my Creditors?

[blipvert]

As has been said previously, you'll need to post some details up so the the right ordnance is fired off. In the meantime, have a good read (the stickies are usually a good starting point and try not to worry.

 

BBC NEWS | Magazine | Soothing words and stiff upper lips

[manchester1]

Rima, Mozzat is right , do not panic , there is a process you should follow.Get a good filing system, so you can save all the letters you get and can record all that you send. I would be sending of a CCA req to all of your DCA (debt collection agencies) and sending of SAR (subject access req) to all of your original creditors to fish out who has got any copies of CCA. Lets start the battle.

 

Manc1

[hillards]

Take a good look around this website, read the stories about people like yourself, who have come for help, and ended up been MUCH more cheerful in short space of time. Read as much as you can, then read some more... It all helps you to understand that YOU can deal with these people who are causing you such distress.

 

Start of with looking at their threats as total hot air. They have ZERO powers to do anything, it's all intimidation, designed to make most people cough up to keep them quiet. It's nothing more than bullying. Look at it that way - starting to feel a bit better?

 

OK, there are procedures to get the muppets off your back, but we'll get to those soon. Their biggest threats are usually about bailiffs, attachement of earnings, court orders - things that are supposed to worry you, but usually with the words MAY or COULD in the letter. They MAY pass wind which COULD empty the office - makes as much sense as their letters.

 

It is rare that a debt collection agency (DCA) will take a case to court. It's just not worth it for them. You've already said you cannot pay, and shown why. So, they go to court, which will cost them real money. You go along, nothing to be scared of, honest!, and you show the judge your ciscumstances. The judge could an order to pay a pound a month - the DCA can't even cover the cost of accounting for the debt on that...

 

You do not have to give them a financial statement, they have no right to your personal information. However, if things are that desperate it may help. They CANNOT force you to pay more than you can afford, the way things stand you have to put priority debts first, like your gas, electric, rent/mortgage, council tax, shopping, travel and so on. If there's nothing left for them then that's because you cannot afford to pay them.

 

SO - take no notice of the threats, that's all they are. If you felt brave enough you could just sit it out, don't contact them, even by letter, and simply ignore them. They threaten to send people round to see you, but they are NOT bailiffs, it's only a very small number of people who ever get such a 'visit'. They have no right to visit you and the law says they would be traspassing if you have told them, quite simply, that you have nothing to discuss with them and to leave. Do not invite them in for a chat, stop them at the door and tell them to go away. I've added that just in case, but DO NOT worry about doorstep callers.

 

If the DCA has refused your offer of payment then keep note of that, if they were mad enough to go to court then you can show that you made an effort to deal with them.

 

OK - positive action time. Forget that you've admitted anything, forget any offers made. Have they any right to be hassling you at all? There are letters you can send, depending on what sort of debt is involved. Don't give us the exact details but it helps give further advice is we know a bit more info. Are the debts for credit cards, overdrafts, loans, store cards or whatever? A simple list will do, no need for amounts, or even company/bank names.

 

Next, are the debts still with their original creditsors or their in-house teams. Can you tell us which companies are chasing you please. A lot of the regular helpers know whaich companies deal with what sort of debt and will then be able to advise what letter to use to each.

 

Some of them will involve a small fee or £1, which we suggest is sent as a postal order, so is actually £1.50 to buy. It also needs to be sent recorded delivery if you can, which will cost £1.08. That is for each debt that requires a request to be made for ae copy of the legal agreement on which they would base any claim in court.

 

Some may be a simply 'prove it' letter, where they need to show that they have some documentation on which their are basing a claim to your money - again, it would need to stand up in court as being 'enforceable', if they can even comply with the request.

 

Stand up to the bullies and you should come out smiling. Now you are here, you are in good company and you will get lots of good FREE advice on how to tackle the issues without the stress.

[blipvert]

Our posts crossed. Have you thought of a DMP (say with payplan or CCCS) as an interim solution. These services are free, creditors usually listen to them and they often get the interest frozen. The downsides are defaults on your credit file. They can't put a charging order order on your gaff unless you've defaulted on a CCJ and either of those are way way down the line (if at all). When do you reckon you took these alleged CC's out and does your property have equity ?.

Edited February 4, 2009 by blipvert
addition

[manchester1]

Rima , try this letter for a cca req to DCA

 

Your street

 

District

County

Postcode

 

DATE

 

 

The Bank

Street

District

County

Postcode

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

 

 

 

Yours faithfully

 

XXXXXXXXXXXX

 

 

Good luck

 

Manc1

[blipvert]

PS, You'll need to set up a parachute account. Personally, I like the Co-op cashminder because every post office is effectively a bank branch. Try and get this done asap.

[rima31uk]

All the debts are credit cards or store cards, as for the companies chasing here is a list

Moorcroft Debt Recovery - Egg- card took out about 10 years ago.

Link Financial (london) - Mbna - card took out about 8 years ago

Triton - RBS & Nat West - cards took out within last 3 years

Barclaycard/Calder Financial?? - not sure which as had letter from both recently - card took out 6 years ago

C.A.R.S - Vanquis Bank - card took out about 2 years ago

Capital one - still in house - card for about 5 years

Blair,Oliver & Scott - Halifax - card about 2 years

Clarity - Aqua - card about 2 years

Buchanan Clark & Wells

Have not spoke to any on the phone and currently have no financial arrangements with any, nor am I making payments and have not for approx 6 months. they all have had requests to only contact via letter and financial statements produced by CAB (they are no longer dealing with my case). Hope this info helps

[blipvert]

Crikey, in for a penny, in for a pound. as MANC1 says, I guess there is no harm in CCA'ing the whole lot. Be careful not to sign anything.

 

iirc, the he finance industry started to get its act together with enforceable CCA's circa Jan 2006, some of yours are way earlier.

 

ps: you might want to read this article ( note item 17 ).

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169801-article-todays-ft.html?highlight=article

Edited February 4, 2009 by blipvert

[Kittyxxx121]

Rima, have you confided in your CPN? they may be able to help support you with this. When I worked in the community we would help people go through their finances. A good CPN would also be willing to write a letter to the court if things go that far. Judges listen far more to nurse than DCA's. You may be surprised at the help you get.

[Kittyxxx121]

Just had another thought, try to get in touch with mental health advocacy services. Advocacy alliance deal with debt problems as well as mental health. See if there is one in your area. They can deal with the DCA's for you. They do back off when these sort of people get involved.