Eversheds Debt Collectors. Please Help!

[duesbury_girl]

I hope someone can give me some advice...

 

I have a loan with Northern Rock, but on Friday I got a letter from a company called Eversheds stating that the loan had been passed onto them and that I needed to pay £7900 by 2nd April I have been sick with worry ever since, especially because the letter threatens that debt collectors may come to the house if I don't pay up. It's not even my house, it's my parent's!!

 

I lost my job in November and so my loan payments suffered because of this. I'd been making £30/£50 payments to NR instead and I thought they were aware of my financial situation. I've had no letters or calls from them to say that the debt had been passed on etc.

 

I really don't know what to do. I don't want to deal with the debt collectors. I don't trust them. I had a call this morning and it was automated. "If you are Miss W press 1" which I did and the line went dead. I did 1471, but all I got was a dead line. I had a call again at lunchtime, but there was no-one there when I answered.

 

Should I ring NR about it? I can offer to make them another small payment of £30. But until I'm working again I can't offer much more as I only have my Job Seeker's Allowance of £60.50 pw to live off at the moment. It's so distressing. I don't want to be in this situation. I want to be able to pay my debt.

 

Please help. I'm very worried and the butterflies are so bad in my stomach it actually makes me want to be sick!

[clemma]

First of all don't worry! Eversheds, like every other DCA, have no rights to demand anything from you - it's all threats and intimidation. As you are on JSA, you could offer them just one pound a month. They have no powers to make you pay more than that, only a Judge can order what payments you make (and as you are on benefits, he would order a pound a month).

 

Eversheds won't like it - but YOU pay what YOU can afford, not what they tell you.

 

You could always send a CCA request to demand to see the original agreement you signed. See here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need to send letter N, enclose a pound postal order and PRINT do not sign your name. They have 12+2 days to reply and to send you a true copy of the original agreement, which must contain certain prescribed terms to make it enforceable.

 

If they fail to do this, then you can put the account into dispute and then the ball is well and truly in your court.

[clemma]

Also, you can send them the following letter (keep a copy by the door on the very, very slim chance that someone makes an appearance). This threat of someone coming to your house usually amounts to nothing. They use fear tactics to try and make you pay - you are in good hands now you have found CAG

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully