Debt Collectors

[jj itch]

I hope I am doing this right.

 

My husband and I have debt, quite a bit, we are dealing with Payplan and CCCS.

I want to know a bit about the debt collectors, such as Robinson Way, Cabot, DLC and Red. We want to know if we send the letter to say that we want to see the origianl agreement to see if the debt is enforceable, they say they havent got the agreement what do we do next and also if they send a copy of an agreement how do you find out if it is enforceable also. I have been reading a lot of threads here, but it gets very confusing.

[jj itch]

I hope I am doing this right.

 

My husband and I have debt, quite a bit, we are dealing with Payplan and CCCS.

I want to know a bit about the debt collectors, such as Robinson Way, Cabot, DLC and Red. We want to know if we send the letter to say that we want to see the origianl agreement to see if the debt is enforceable, they say they havent got the agreement what do we do next and also if they send a copy of an agreement how do you find out if it is enforceable also. I have been reading a lot of threads here, but it gets very confusing.

[Pinky69]

Hello and welcome to CAG.

 

If they don't have an agreement you don't have to pay them anything. They cannot claim repayment on a non-existent agreement.

 

If they send what the describe as an agreement, to check if it is enforceable you can scan it on to here (Photobucket is good) covering over all your personal details and we will advise you on whether it is likely to be enforceable or not.

[PaulW922]

Firstly this route only applies to an agreement covered by the Consumer Credit Act 1974 - that would include a credit card or personal loan but not a overdraft or a loan over £25k.

 

If the debt collector is acting for the lender then the request should go to the lender. If the debt has been bought (or assigned) then the request goes to the new owner of the debt. If you are in doubt, ask the debt collector.

 

If you are with Payplan, and are making payments towards the o/s debts then it is difficult, though not impossible, to say that you have no knowledge of the debt - "if so why are you paying it?" would be the question.

 

I would suggest you should not stop paying a debt unless you have good grounds to believe it cannot be enforced. If you do and the creditor is able to supply the CCA etc then they may choose to enforce the full amount and not the reduced payment you have agreed via Payplan.

[jj itch]

Thank you will do

[Rooster-UK]

Two threads merged.

Please keep to one thread per subject or you won't know where to look for responses from other users.

 

Regards, Rooster.

[jj itch]

I will write to the debt collectors that have appeared after my set up our DMP with Payplan,

[jj itch]

Two threads merged.

Please keep to one thread per subject or you won't know where to look for responses from other users.

 

Regards, Rooster.[/quote

 

I have deleted the thread now lost it

[jj itch]

Help again

 

I have been reading lots of threads and I find my self worrying more, about all the debt collection agencies. Do I contact them with the CCA letter of wait until they havent received a payment from me this month. How long do these debt collector agents keeping chasing you. I am moving house next month. I owe quite a lot of debt but Companies like DLC owe 3 of my debts, some debts are over 6 years old but i have being paying them a small token each month. Should i still send a CCA letter regardless

[jj itch]

I have been reading lots of threads and I find my self worrying more, about all the debt collection agencies. Do I contact them with the CCA letter of wait until they havent received a payment from me this month. How long do these debt collector agents keeping chasing you. I am moving house next month. I owe quite a lot of debt but Companies like DLC owe 3 of my debts, some debts are over 6 years old but i have being paying them a small token each month. Should i still send a CCA letter regardless

[Pinky69]

There is nothing to worry about. You have a lawful right to see a copy of your agreement anytime. I would get those letters off and see whether or not the DCAs have any lawful right to collect your debts and if they haven't you can stop paying them. DCAs have no power whatsoever, especially DLC, who are known to purchase a lot of unenforeceable rubbish. They bought your debts for pence in the £1 and what you are paying them goes into their greedy coffers. Taking that first step to challenge them can be daunting but once you have done it, you'll wonder why you didn't do it years ago.

[themagician]

I have been reading lots of threads and I find my self worrying more, about all the debt collection agencies. Do I contact them with the CCA letter of wait until they havent received a payment from me this month. How long do these debt collector agents keeping chasing you. I am moving house next month. I owe quite a lot of debt but Companies like DLC owe 3 of my debts, some debts are over 6 years old but i have being paying them a small token each month. Should i still send a CCA letter regardless

a little more info on what type of debt as different letters for different debts.

PS never worry about dca,s when your on caggers turf!!!!

[jj itch]

credit card debts mainly

[diamondgirl]

What sort of debts are they Credit Cards or Loans, Secured or unsecured who actually owns them, have any of them been sold on to collectors?

The more info you provide the more help you will be able to get

DG

[jj itch]

unsecured debts,

 

robinson way owns 2,

 

Direct Legal Collections (3 owned by them),

 

Aktiv Kapital,

 

Mercantile data,

 

meritforce,

 

HL Legal collections,

 

Cabot finance,

 

we have being paying them

 

some were my debts and

 

some my husbands before we met,

 

payplan and CCCS have put us a dmp

but they are not that helpful,

they just ask to keep paying the debts,

 

I am at my wits end with debt and constant letters.

 

Yes they have been sold off,

I am so ashamed of my debt,

cant stop thinking about it all the time.

[debt4get]

first thing is to stop worrying, and start taking control back of your life, if they are credit cards cca each one, they have 12 + 2 days to comply if they dont you can put accounts into default and withold payments... second there is no need to be ashamed everyone on here has been through what you are now going through and come out the other end... wiser and with a lot more knowledge and money, remember even if you end up in a court which is extremely unlikely the judge will only order you to pay what you can afford..this could be as little as a pound a month.. jthis is one of the reasons why these bullies try to get as much as they can out of you without resorting to court

[debt4get]

if and when you get the cca's back scan them in removing all personal details and people on the site will let you know if the paperwork is enforceable or not.. if not.. then this leaves you in a much stronger position than you were previously.. even if they are.. you must only pay what you can afford NOT what they say you can afford.

never ever speak to these companies on the phone, insist that everything is done by letter only

[jj itch]

Thanks for the advice, I am just frightened and worried of the outcome and unstanding non enforceable agreements is difficult.

 

if they send a letter back without the agreement what do i do

[diamondgirl]

If they send a letter back without an agreement you can put it in dispute.

Iff they send a letter back with an agreement as above scan it up, remove your personal details and we can all have a look and see if it's enforceable or not. We can then give you the advice as to what to do next.

Please, I know it's hard, but do try to stop worrying. You have made the move to start sorting everything out. You've gone on a DMP, yes they will mostly be interested in getting you to pay the debts off, but it does help in getting creditors to stop piling on interest and charges. I know I'm doing at the moment. Only 1 of my creditors are still adding interest. I don't get the threatograms I used to nor the telephone calls.

I had one creditor take me to court this claim was struck out by the judge and thats the last I heard from them, yes I'm still paying them, yes I've had a statement from them but nothing else.

Get your CCA requests off, don't forget to enclose the £1 PO write on it that it is for CCA request only thats just so it doesn't get taken off your balance.

Send your requests by RD at the least this then gives you the tracking number so you can log on to RM website and check when it was delivered. Keep all your receipts along with a copy of the letter you send. Start separate files for each of your creditors that way you will always have a paper trail should you need it in the future. If any letters arrive undated or have seemed to take a long time in arriving write the date you receive it on the letter and keep the envelope it comes in with it.

DG

[jj itch]

I know but with being on dmp and some of them accepting a £1 token payment should i quetion them now about the debts.

 

I dont want to have them chasing me again.

 

I notice that i have being paying some of these debts for years now and no change in the balances.

 

I dont want to go bankrupt.

 

I cant get the worry of debt off my mind

[debt4get]

it is your right to ask for a cca agreement.. as you say you have been paying a token amount for years and still no change in balance...try not too worry.. take back control..remember its only money..its not life and death...you should erase it from your mind send off for the cca, who knows we may be able to get rid of quite a few of them..legally.. everyone on this site has been to where you are now... read a few of the threads and see how people have changed over time with the help of this site..i am sure you will be pleasantly surprised.. it is only fear of the unknown...what will they do?? will i end up in court?? bankrupt?? chances are none of these things are going to happen... most of the time these people are nothing but bullies and tend to go away extremely quickly once you start exerting your rights..

Edited January 17, 2010 by debt4get
spelling

[shinobi101]

I know but with being on dmp and some of them accepting a £1 token payment should i quetion them now about the debts. I dont want to have them chasing me again. I notice that i have being paying some of these debts for years now and no change in the balances. I dont want to go bankrupt. I cant get the worry of debt off my mind

 

CCA them all regardless. When you get their replies you'll know where you stand.

 

If they accept £1 it's probably best to give it to them. But if there's no CCA, or if it's unenforceable, then the power is in your hands and if they give you grief you can tell them to get lost.

 

I've got one unenforceable card (Amex) and one no CCA (Sharklycard) both made loads of threats, tried using DCA's, threats of legal action etc. and they backed off after a while. It's gone quiet for a few months. I did let them know very forcefully that they have no legal case, and that I know it.

 

Of course they could try a court case, but I'm not that worried at the moment. You'll get a lot of good quality help on CAG.:grin:

[jj itch]

Ok I will send off for the CCA, then I will see what happens, it is just knowing out to deal with them but I can see the support here is excellent

[shinobi101]

I can see the support here is excellent

 

It has been for me:D

 

My credit card threads are

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201111-amex-help-needed.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/207592-bs-bcard.html

 

No court cases, but the DCA's have backed off.

[jj itch]

I am confused because I have been reading different threads,

 

if i owe a debt and it is with a dca shoulnt i just pay,

 

as eventually wont they produce a credit agreement which is enforceable,

 

i am worried if i send a cca letter will i not just anger them

 

and have them chasing me again, for larger payments,

 

i find the consumer credit rights hard to understand