Intrum Justitia harrasment

[ScabHunter]

Hi HOWLER and welcome to the CAG.

 

Who was the original lender of the credit card? When was it taken out?

 

Have you sent the CCA letter?

 

Do you have a house for them to put a charging order on (which can only happen if you have a County Court Judgment against you, in case you are worried)?

 

SH

[ScabHunter]

1) The first step to take here is to send a letter requesting a true copy of your original agreement pursuant to the Consumer Credit Act 1974, which this alleged debt will be regulated under.

 

The letter is here -

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

The first line should be changed from s77(1) to s78(1) because a credit card is running account credit. Leave in the paragraph in red as IJ are debt collectors. Send this recorded delivery, with a £1 postal order. Do not sign the letter, either just print your name or use a computer font if you are printing from a word processor such as Word or Open Office.

 

They have 12+2 days in which to supply a copy of your agreement, after which they will be in default and you can cease paying them until they do comply.

 

With an account of this age, it would be a miracle if they could come up with an agreement in 12 days. You will get some breathing space at the very least.

 

There is every possibility that the agreement will be defective even if they ever can find it, but we can cross that bridge later. For now, just send off the request and see what, if anything, comes back.

 

2) If you have no work and little income you should not have been paying them £30 a month anyway. Normally, I would suggest that if a payment is due before the end of the 12+2 days, that it should be paid just to keep you squeaky clean. As these payments are far higher than any which a court of law would order if you were subject to a CCJ, I suggest you stop paying them immediately.

 

3) Be careful with banking security when you cancel your payments. If you have been paying by debit card, it would be a good idea to "lose" it and get the bank to send you a new one.

 

4) They have no right to ask for income and expenditure forms.

 

5) Are you the subject of telephone harassment? If so, you will need to think about your options now because it will only get worse. There are letters which can be sent regarding telephone and doorstep harassment, and there is a machine called the trueCall which can give you control of your telephone line. If you are subject to depression, it will be important for you to prepare for the avalanche of threatening letters and silly phone calls which are to come.

 

6) If your business has failed and you are ill, it may be a good idea to have a look at your overall situation to work out the best long term strategy. Please feel free to make further posts if you would like some free independent advice. There are a great many CAGgers who have emerged from debt hell with the help of this site, and many of them now pay it forward by helping new members.

 

You are amongst friends here. Feel free to ask any questions.

 

SH

[ScabHunter]

upon reading other threads

it would appear to be a waste of time complaining to the OFT.

is this correct?

 

It is a waste of time in that the OFT don't take up individual complaints.

 

However, we need to be achieving a weight of numbers, so every complaint helps. You can submit a complaint without charge through email, so there is no reason not to. All it takes is a bit of time, and we really owe it to the people who come along after us.

 

SH