Please Help. I Don't Know What To Do!

[duesbury_girl]

My Northern Rock loan has got passed on to Eversheds Solicitors (are they really solicitors though) and I am so distressed about the situation!! I don't know who to turn to...

 

I had a letter from Eversheds saying they wanted the full amount of the loan (£7900) by 2nd April. Everytime they rang about it I got a dead-line. Which immediately made me think they're not trustworthy. To confirm this when they rang on Friday it went something like...

 

"Hello is that Carly? [as in me!]"

"Who is this?"

"Tell me if this is Carly and then I'll tell you who I am"

"Urm, I think you must have the wrong number"

"are you sure about that?"

"Yes"

"yeah right" and then they put the phone down.

 

They have just rang me this morning and this time there was actually someone on the end of the line. They explained who they were and asked if I could make a payment. I explained to them that I couldn't and that I was currently in the process of setting up a Debt Management Plan. They kept going on and on saying how they were solicitors but that Northern Rock still own the debt as it's still at a "pre-legal" stage. I ended up crying down the phone at them as I really don't deal well with confrontation/stressful situations.

 

I asked them if they could stop ringing the landline as it's my parent's line, I gave them my mobile number instead but the person I was speaking to said "if we can't get you on your new number we will go back to ringing the old one".

 

They kept on and on at me to make some sort of payment, but I can't. I literally have no money. All I have is the £18 in my purse. I'm currently unemployed and I only started claiming JSA on 18th March, however due to a backlog I still haven't received any money.

 

My question is should I ring Northern Rock about all this seeing as I've been told they still own the debt? I am so worried right now and I can't stop crying. They really have frightened me and I just don't know what to do.

 

Please Help. I'm very distressed & confused!

Edited April 7, 2009 by duesbury_girl

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

Furthermore, with regards 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.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your 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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[duesbury_girl]

Thanks for the advice, looks like my last remaining £18 will be reaching £17. Lol.

 

Does anyone think it would be a good idea to ring Northern Rock though?

[MikeBigg]

There is this template letter to ask them to stop calling you:

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

 

That would be a start.

 

When they called you did they go through security questions?

 

I have decided that I will not talk to debt collection agencies on the phone as it puts me in a weaker position than them - and I get emotional (read angry) when they don't listen to me.

 

So, I don't answer their security questions and just tell them that everything must be done in writing. If I have to tell them more than once I hang up. (Mostly, though, I just ignore their calls).

 

Since reading this part of the forum I have felt much more in control of my situation. Do spend some time reading around - I'm sure you will feel better about your situation, too.

 

Regards,

 

Mike

[sploits]

Hi duesbury girl. Take a deep breath and try to calm down a little. It is all scare tactics by them to make you crack and get cash out of you. Just do as cerberusalert has stated and IF they continue to phone refuse to answer their security questions due to the data protection act.

 

I know its scary at the min but you will soon learn how pathetic these lot are and you will be able to fight them

 

Chin up

 

Sploits

[ashmk]

I delt with northern rock/evershesd on behalf of my partner a couple of years ago by sending a CCA request.

 

We have still not heard a peep from eversheds.

[emmaf01]

Are you able to explain the situation to your parents? You are been harassed by a company regarding a loan which they want back in full immediately, even though the loan is due to run for years and the harassment is unlawful. They are on behalf on Northern Rock and are unscrupulous and abusive and you are getting advice on how to deal with them. But they may ring to cause trouble and they are just to put the phone down on them. Most parents would understand this sort of explanation.

 

Tell them you don't want them to do anything other than put the phone down if this DCA ring.

 

What you haven't got they can't have. Until your JSA is sorted out you have nothing. Explore your options and send the letter above to make sure they have the authority to collect any money.

 

And just shout if you have any worries or panics- we all do. But we have got lots of mutual support and advice here which will help you get through this difficult time. See if you can get a crisis loan for living expenses while you are waiting for your claim to be processed. You need food to eat and money to look for a job.

[lilly white]

GOOD MORNING AND WELCOME

 

GOLDEN RULES

 

1 DO NOT SPEAK TO THEM ON THE PHONE

 

2 EVERYTHING IN WRITHING

 

3 ANYTHING YOU ARE NOT SURE ABOUT PLEASE SHOUT

 

4 ONE STEP AT A TIME

 

Please carry on with cerberusalert post and we will see what we have

 

the very best regards lilly

[Pinky69]

It's not a good idea to phone Northern Rock - they will just tell you Eversheds is now dealing with it. Don't speak to Eversheds on the phone again - ever. They will only do what they have just done, bully and threaten you. Eversheds have no power to do anything to you whatsoever - only a court can tell you what to pay. Think of the worst case scenario. You don't pay Eversheds, they take you to court, the court decide how much you can pay - £1 a week - then you go off home for tea. What is scary about that? Now get the CCA request off as advised. If Eversheds start harrassing by phone, there is a harrassment letter you can us to stop them.

[duesbury_girl]

thankyou all so very much for the advice, it really is a big help. I'm going to try and talk to my parent's about it tonight. they have been very good to me and are letting me live back at theirs whilst im job-hunting etc. I just don't want to stress them out. I think what's distressing me the most is the word "solicitors". I have googled them and realise now it's just a scare tactic. Still, it doesn't stop it from being scary Lol. I did say to them if I could afford to pay something I would, but it still wasn't good enough.

 

On the upside I have just received a letter asking me to atten a job interview next week. Every cloud has a silver lining eh?

[sploits]

Good luck and fingers crossed for the job interview

 

Sploits

[harrassed senior]

Hi - Good news on the Interview front and good luck.

 

As all have said before me, you have taken a huge step forward by coming on here. As is already starting to happen, you are getting loads of good, sound advice.

 

I have a daughter a little older than you, I suspect and she hid similar experiences from me for a while until she could not take it any more. Once she told me, I did not judge, (been in the same position many times myself), but it did make me spring into action on her behalf. So, you will, I hope find that talk to your parents will bring a huge relief. It is not you at fault, but the people who are unlawfully persuing you. Whilst we can all take some responsibility for our actions, sometimes, especially in todays' financial climate, we cannot in any way be held responsible for the positions we find our selves in.

 

JSA, I know, can take weeks to come through, and as has been suggested, you could apply for a crisis loan (for yourself, nothing towards debts etc.).

 

You have already been advised of the course of action to take. I just wanted to give you a boost to your confidence and to re-confirm that you will find all the help and support you need on this site.