help being hounded by debt collectors

[jondanbob]

hi

need help, i am currently being hounded by about 5 collectors roughly 400 total.

i do not have any income im currently on incapacity benifit roughly 75 per week just applied dor dissabled alounce, this is long term i do not see myself going back to work.

i have always, always paid any debts, can i be expected to pay these debts, i have written explaining i have no income but they are

bombarding me.

1, they have added fees, including a court fee eaven though havnt been to court can they do this??

2 will they take it to court and send the heavys round to collect the tv??

3 can i offer to pay 1 pound per month??

many thanks in advance for your help

[bigegg]

Hi.

Don't worry too much.

They can't come and take your TV!

 

First things first.

 

DON'T TALK TO THEM ON THE PHONE.

 

May I ask to whom the debts are (allegedly!) owed, and the rough

amounts? - It might make a difference as to advice given.

 

What you should do, in general, is:

 

Write a letter to each of your debt collectors telling them to prove they are entitled to collect - this is called a CCA letter, from The Consumer Credit Act (1974, as amended). You have to enclose a £1 Postal Order to make it a valid request.

Each debt collector MUST reply within 12 working days (+2 for postage) or you don't have to pay them ANYTHING, and they can't do ANYTHING to force you.

 

DON'T TALK TO THEM ON THE PHONE.

 

IF (when) they reply, scan the letter, and post it on here (with personal details blanked out) - we'll give our opinion as to whether it is valid or not.

 

DON'T TALK TO THEM ON THE PHONE.

 

If you are sent a valid CCA (and 99% aren't!), then you should make an offer to pay £1 a month.

 

DON'T TALK TO THEM ON THE PHONE.

 

If the worst comes to the worst, then the DCA may take you to court.

We can help with a defence, and even then, no court will make you pay more than £1 a month if you are on benefits.

 

and finally:

 

DON'T TALK TO THEM ON THE PHONE.!

[pinky1977]

and make sure you send all letters signed for so they cant blag and say they havent got it

[clemma]

CCA request letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

 

 

[sosumi]

hi

need help, i am currently being hounded by about 5 collectors roughly 400 total.

i do not have any income im currently on incapacity benifit roughly 75 per week just applied dor dissabled alounce, this is long term i do not see myself going back to work.

i have always, always paid any debts, can i be expected to pay these debts, i have written explaining i have no income but they are

bombarding me.

1, they have added fees, including a court fee eaven though havnt been to court can they do this??

2 will they take it to court and send the heavys round to collect the tv??

3 can i offer to pay 1 pound per month??

many thanks in advance for your help

Hi Jondanbob

Have I read this right? 5 debt collectors are chasing you for £400?

Do you recognise the debts?

Please don't worry, you've had really good advice. I saw something on the news the other day... will come back. I have a feeling this may be a '[problem]'.

As everyone's saying, don't talk to them on the phone, ever!

[bigegg]

As everyone's saying, don't talk to them on the phone, ever!

 

Did I forget to mention that?

 

[sosumi]

If you've always paid your debts and don't recognise them at all never, never contact them and take their letters to Citizens Advice, or the Police. The OFT is cracking down on [problematic] and I'm certain I've seen news like this recently. People will pay these criminals just because they're ashamed, embarrassed, confused and afraid. Please don't let yourself be one of them.

[sosumi]

Did I forget to mention that?

 

Nope you didn't forget You said:

DON'T TALK TO THEM ON THE PHONE.

 

DON'T TALK TO THEM ON THE PHONE.

EVER, EVER, EVER.

[sosumi]

Here's something. It might not reflect your own circumstances JondanBob, but it gives an indication of what to watch for:

OFT launches scams awareness campaign

[jondanbob]

Hi Jondanbob

Have I read this right? 5 debt collectors are chasing you for £400?

Do you recognise the debts?

Please don't worry, you've had really good advice. I saw something on the news the other day... will come back. I have a feeling this may be a '[problem]'.

As everyone's saying, don't talk to them on the phone, ever!

 

hi many thanks for your replys, yes these are my debts its not a [problem] why is everybody saying dont talk to them over the phone??

1 vodafone 100, plus 15 court 50 solicitors costs,

2 ebay 47

3 dvla 80

many thanks for your time and help

[clemma]

You don't talk to them on the phone because they will lie, bully and intimidate you in to paying - all the things they will not put in writing!!

[bigegg]

why is everybody saying dont talk to them over the phone??

 

Cos the phone monkeys are paid on commission, and will bully, lie, cheat, bull^cowpat, and intimidate you into paying.

At the very least, they'll make you feel like s*** for hours afterwards.

 

Wait until you feel more confident (give it a couple of weeks of reading on here), then you can go "DCA-baiting", but until then -

 

DON'T TALK TO THEM ON THE PHONE!

[jondanbob]

what do i do offer 1 pound per month, i havnt got a clue what to do

[pinky1977]

They will say anything to get money from you

some threaten charging orders on property , court etc

lies lies lies

 

it means nothing trust me dont play their game your be so much stronger when you have read more posts

 

 

take care

[lilly white]

Hi pinky are you well.

 

£400 Is that the the total outstanding monies

 

 

if so write to all your creditors

Tell them you are in trouble. Ask for time to put your affairs in order

and pay them what you can pro rata.THIS COULD BE A LITTLE AS £1 PER MONTH EACH,Which is called a token payment

 

As explain in other post there is very little they can do, but scare you

i urge you not to talk to anyone on the phone in regards to these outstanding monies.

 

best regards lilly

[bigegg]

Don't offer them anything.

Send the letter that Clemma posted (above) including £1 postal order.

keep the proof of posting, (or better still, send recorded), keep the PO receipt.

 

See what comes back.

 

Apart from that,

 

lie back and relax.

[lunar jim]

Nope you didn't forget You said:

DON'T TALK TO THEM ON THE PHONE.

 

DON'T TALK TO THEM ON THE PHONE.

EVER, EVER, EVER.

 

I wish they'd phone me but they don't. I *want* to speak to them...

[jobmid]

who is the dca who is chasing you? remember when you send your request for your cca print your name do not sign it dca's love to use thier cut and paste "skills" to knock a fake credit agreement

[jondanbob]

hi jobmid

the agencys that are collecting are

morecroft

and nco in preston

[IdaInFife]

Unfortunatley the debts are not covered by the cca so there is no need to send it.

 

In the below link there is letter templates to help you make an offer of payment. Letter B should be suitable and just edit to your needs. If £1 per month is all that you can afford then offer that and include £1 postal order with the letter

 

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

 

even if they do no accept your offer, just continue to make the payment on time each month.

 

and welcome to cag

 

Ida x

 

p.s in case no one has mentioned it do not speak to these people on the phone as they will try to bully and scare you

 

you can add this to the letter you send them

 

ear Sirs

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, FOS, 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.

 

 

if they call do not go through any details and just say every thing in writing and hang up

 

Ida x

[sillygirl1]

Moorcroft have NO LEGAL POWERS whatsoever and should not be paid one penny as they very often tie in people with the same name to a debt they will have bought for pennies. They are the least of your worries.

 

With the 3 DVLA debts are you sure they are yours? I can't help much on these but I can help with getting rid of Moorcroft and their friends...

 

As you are on benefits you can ask the CAB to help you here, they may be able to talk to the relevant people for you and get them off your back.

 

With the debt where they have added court costs of £15 that is not the correct amount, they are trying it on. You need to take that letter to your CAB office and get them to help out - if not follow the advice on here and you should be able to rest easier.

[lunar jim]

Unfortunatley the debts are not covered by the cca so there is no need to send it.

 

In the below link there is letter templates to help you make an offer of payment. Letter B should be suitable and just edit to your needs. If £1 per month is all that you can afford then offer that and include £1 postal order with the letter

 

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

 

even if they do no accept your offer, just continue to make the payment on time each month.

 

 

IMHO, get their bank payment details and pay your token payment over the counter at a bank, using your account number as a reference number. With postal orders they can choose not to accept your payment and return it. They cannot do this with a bank payment.

[jondanbob]

Unfortunatley the debts are not covered by the cca so there is no need to send it.

hi ida many thanks for your reply, dont understant this, also where are your scales??

[clemma]

CCA's only apply to things such as credit cards, loans or HP items. I would send the letter ida suggested (which is this one). Edit to suit.

 

Dear Sir/Madam

 

Re Account No/Reference No:− xxxxxxxxx

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

 

We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £x per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments.

 

In view of our circumstances, please would you agree to accept a reduced offer of £x per month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should our circumstances improve we will contact you again.

 

We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible.

 

Yours faithfully

[dannygrave]

I recieved a fine originally for £60 for travelling 2 stops on a bendy bus without a ticket on 30/8/2007.

I did not pay this fine on the spot and recieved a letter about 1/2 a year later asking for me to pay the fine which I did not do. I then recieved a further letter with an increased fine of £110 which included a bailiffs fee of £50. I recieved this on the 4/12/2008.

I paid £11 of this and incurred a £1 charge.

I was asked to pay the same again on the 24th December but due to bereavement I forgot about this.

I did not recieve any further contact until Friday 13th February when my girlfriends number was called by Mr Driscoll of the Marston Group demanding full payment of £270 (if not he said he would bring a locksmith and break into my parents house) which my girlfriend paid for me in two installments in the space of a week. However they have taken £275 from my girlfriends account as I did not have the money at the time(he demanded that I borrow to pay).

I did not recieve any correspondence that he would be attending my house to levy or of the increased charges.

When I asked for a full breakdown Mr Driscoll diverted my question and said that the receipts for payment have been posted.

What can I do to challenge this as I am sure I have been scammed?

I am also unemployed and had to deffer entrance to university due to the costs of travel. Please help. What can I do?