Collect Direct (UK) [barclays stockbroker debt] Court Action Warning

[Braveheart12]

I am currently in finacial difficulties due to over committing myself with credit and losing over £20K on the stockmarket. I lost all my savings and was left owing Barclays Stockbroker £1000. They passed the debt straight to Collect Direct (UK) who have tried to make me pay them through constant harrassment. I have sent them a repayment proposal based on a budget I did with a charity. They have so far not excepted my offer.

 

I have sent them a harrassment letter which has helped, however today I received the attached Court Action Warning. I am aware that the bright red letter is supposed to scare me, can any advise me on a suitable response?

 

Thanks

Edited March 13, 2009 by Me against them!

[Braveheart12]

This should be clearer to read.

Doc3.doc

Edited March 13, 2009 by Me against them!

[Pinky69]

They letter is to put pressure on you - their letter is full of "mays" and "mights." They would look silly taking you to court when you have made a payment proposal because no judge would make you pay more than you can afford anyway. You can do one of two things. You can ask the charity to negotiate for you with CD(UK) - they must under OFT guidelines negotiate with a nominated third party of your choosing - or you could just send payments to them and make sure you keep a precise record of all paymnets made. My preference would be the former.

[Braveheart12]

At the moment I am planning to deal with all my creditors first hand. This is because I am currently in the process of CCA request and hope to get some of my debts written off or to make reduced Final Sttlement offers in the future. If I hand everything over to the charity I will have to pay out all of my spare funds. If I deal direct I hope to be able to pay CDUK a bare mininum. I will a requst that they accept my payment proposal and provide me with a paying in book or details to set up a standing order (again).

 

any further advise or opinions are welcomed.

 

Thanks

[Braveheart12]

I have again written to CD(UK) asking them to accept my repayment proposal based on my affordable funds after all essentials. Today they repliead with a letter stating;

 

Dear sir,

 

when you purchased the shares you were not given an instalment facility, you supposed to have the funds available.

 

You will not get a facility to repay this debt at £**'s per month, even through the court.

 

We suggest you now contact a solicitor to act on your behalf as will be taking further action for the recovery of this debt.

 

You now have until the 30th March 2009 to find the £****'s (full ballance) if you with (assumed typo, should be 'wish') to prevent further action.

 

TREAT THIS MATTER AS VERY URGENT.

 

Does any one have any advise? I cannot pay in full or offer them an increased offer as this would affect my repayments to my other creditors. Should I stick to my guns? are they likely to take me to court? would a judge make me pay in full although I can't afford it?

 

 

Thanks

[harrassed senior]

Well, if you can't pay anymore you can't. This is just putting pressure on you, to up your offer. You must stick to your guns, and as you say in fairness to other creditors as well.

 

How can a Court (as they say) NOT accept your offer, it is not for them to say, they have NO power over you at all.

 

I am sure someone will be along shortly with more helpful advice, but please do not let them bully you.

[Braveheart12]

Thanks for the reassurance.

[Pinky69]

Yes - stick to your guns. Tell them that is your final offer and if it is unacceptable to them they will get the same offer in court.

[spartathisis]

Check out this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149865-rockwell-threatogram-ouch-3.html#post1911663 as the OP is having contact with these jokers too. Have a read of all the posts including mine that gives some details on them.

[Patma]

Hi Me against them,

I'm just in the process of dealing with Collect Direct too. You might like to have a glance at the little chat about them at the end of this thread

Rockwell threatogram ouch!.

[Patma]

Great minds Spartathisis:D

[the_shadow]

If they continue to harass you, keep replying with your repayment proposal and also put a paragraph in that if they would like to take you to court then all the correspondence between yourselves will be shown to the judge to show how unreasonable they are and the contempt they would show a court if proceedings started.

 

A Judge will make you pay ONLY what you can afford, they cant get a lump sum if you cant afford it.

 

S.

Edited April 7, 2009 by the_shadow

[Braveheart12]

Thanks guys. I will send the same repayment proposal with the details PmW suggests.

[katpuss]

Hi guys, please correct me if I am wrong but I thought that for bailiff/attachment of earnings action to start the debtor would have to default on an arrangement set by the court?

 

It seems that, according to the letter, the dca seem to think that if a court awards them the case that a bailiff automatically is sent to the debtors house?

[the_shadow]

Hi guys, please correct me if I am wrong but I thought that for bailiff/attachment of earnings action to start the debtor would have to default on an arrangement set by the court?

 

It seems that, according to the letter, the dca seem to think that if a court awards them the case that a bailiff automatically is sent to the debtors house?

 

Its borderline as they state "COULD" on almost anything... the oft debt collection guidelines state a DCA should not claim to take actions that they cannot actually do.

 

Another possible thing to do is to find out if they have purchased the debt or are working on behalf of barclays?

 

As I understand it only the owner of the debt can commence or instruct legal proceedings[Clarification needed] in which case the letter is grossly misleading and breaches OFT guidelines and a complaint should be sent ensuring you carbon copy collect direct(uk)

[spartathisis]

they also charge for payments to them if you use CC or debit card!

[babybear39]

Its borderline as they state "COULD" on almost anything... the oft debt collection guidelines state a DCA should not claim to take actions that they cannot actually do.

 

Another possible thing to do is to find out if they have purchased the debt or are working on behalf of barclays?

 

As I understand it only the owner of the debt can commence or instruct legal proceedings[Clarification needed] in which case the letter is grossly misleading and breaches OFT guidelines and a complaint should be sent ensuring you carbon copy collect direct(uk)

 

Correct. If they don't own the account they would have to be joint claimants with the OC

[Braveheart12]

Despite sending them a harrasment letter the phone calls have started again. Should I warn them again or report them to Ofcom?

[babybear39]

Report them to TS, OFT and OFCOM

[rameses_qc]

Definitely make Trading Standards and OFT aware of their blatant breaches of OFT guidelines

[Braveheart12]

Yeah I will do, what is the best way to inform them, is there a standard letter about?

[Nottsdave]

have you left your name on the letter !!!!!!!!!!!!!!!!!!!!!!!!

[ukaviator]

Post unapproved as full name and address showing. Thanks Dave. .

[Nottsdave]

thanks

[Braveheart12]

Cheers guys I accidently uploaded the wrong JPEG.