Very worried by DLC....please help.

[Norbert2010]

A few years back I had a credit card and loan with Egg that I ran into difficulties with.

 

The debt was eventually referred to a debt collection agency (DLC) and in 2006 I entered into an agreement with them to pay back £30 which is all that I could afford at the time.

 

The debt at the time was for over £14,000.

 

In the past three and a bit years the payment has gone up to £60 per month and I have paid back around £1,800.

 

They are now demanding more money that I am not able to pay

and I have today received a letter to say that they have established that I am a homeowner

and as we cannot come to an agreement then they will have no option than to pass the file to litigation

and apply for a charging order on our home.

 

I am sure you undertsand that I am worried sick by this.

 

I have spoken to them tonight and they are adamant that as I cannot pay in full (they offered me a 10% discount) then they will begin proceedings in the morning.

 

Please advise on what I can do now to avoid this action.

[Norbert2010]

A few years back I had a credit card and loan with Egg that I ran into difficulties with. The debt was eventually referred to a debt collection agency (DLC) and in 2006 I entered into an agreement with them to pay back £30 which is all that I could afford at the time. The debt at the time was for over £14,000. In the past three and a bit years the payment has gone up to £60 per month and I have paid back around £1,800. They are now demanding more money that I am not able to pay and I have today received a letter to say that they have established that I am a homeowner and as we cannot come to an agreement then they will have no option than to pass the file to litigation and apply for a charging order on our home. I am sure you undertsand that I am worried sick by this. I have spoken to them tonight and they are adamant that as I cannot pay in full (they offered me a 10% discount) then they will begin proceedings in the morning. Please advise on what I can do now to avoid this action.

[maroondevo52]

Hi,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Norbert2010]

Thanks Scott

[silverfox1961]

HI,

STOP talking to them on the phone. This is fatal as they can lie, cheat and bully you into submission.

From now on, do everything in writing and send every letter by recorded delivery.

 

If they do go to court (and to be honest, I doubt they will) and if you lose, the court will decide what you should pay, not DLC. If you fail to pay the judgement, they can then go for a charging order.

 

Do you know if DLC have the right to be collecting on this debt?

Have you applied for a copy of your agreement?

Did you receive a default notice from Egg?

Was the account terminated correctly?

 

If the answer to any of the above is NO then a CCA request to DLC will do for starters.

When the bullies go too far, it is time to fight back.

 

fox

[cerberusalert]

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.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[Norbert2010]

HI,

Do you know if DLC have the right to be collecting on this debt? Not sure

Have you applied for a copy of your agreement? No

Did you receive a default notice from Egg? Yes

Was the account terminated correctly? Not sure

fox

 

Thanks for both replies so far. I will get this sent off in the morning and let you know as soon as I have a response.

[Norbert2010]

If I send the letter tomorrow is it worth faxing it as well?

[cerberusalert]

No just send it recorded delivery, enclose a £1 postal order and do not sign the request.

[maroondevo52]

Norbert2010, has now started a new thread in the Debt Collectors Forum

[noomill060]

This is important-

 

1) Send the £1 fee as a postal order- not a cheque

 

2) Send the letter by recorded delivery

 

3) Make sure you get receipts for the above and keep them very very safe.

 

 

AND AS STATED ABOVE- DO NOT SIGN THE LETTER.

 

If possible use your printer to print the letter.

[noomill060]

Did you have payment protection insurance?

 

Do you have old credit card statements?

 

If not, you should obtain copies of these, as these will contain info on all the late payment and over limit charges- you can claim all these back and all interest on the charges which will reduce the amount allegedly owed.

 

You do this by means of a Subject Access Request to Egg. Costs a tenner, but worth every penny.

 

There is also something very suspect about Egg agreements.

[Norbert2010]

Thanks all and one more question for now. I usually pay £60 on the day I get paid, which is today. Would it be wise to continue with that payment to ensure that is kept up to date?

[cerberusalert]

Pay a nominal payment of what you can afford if that's only £5 so-be-it.

[cerberusalert]

Amongst the paperwork you've received have you ever had a Default Notice from Egg, if so can you post it up after removing identifying details?

[Norbert2010]

If I have it would have been years ago. The last coorespondence I had with Egg was April 2007 informing me that the debt was transferring to DLC. If I scan it in how do I post it on here?

[Norbert2010]

Ok,

 

Have worked it out and now attached.

20100226074017815.pdf

[silverfox1961]

Morning,

That letter is the Notice of Assignment. If you could do the same thing with the default letter and any letter following the default letter, that will help (from Egg)

[Norbert2010]

No unfortunately this is the only letter that I now have from Egg.

[noomill060]

OK, what you need to do now is to get copies of everything they have on you.

 

Do this by means of a subject Access request.

 

Template letter is in the CAG library.

[Norbert2010]

Right, I sent off the CCA on Friday and yesterday I sent off the SAR.

 

Today I have received the attached letter from their solicitors, do I need to anything in the meantime?

Edited March 2, 2010 by Norbert2010

[cerberusalert]

I've unapproved your attachment as you've left your personal details showing.

 

Send this to the solicitors; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[veryweary]

Perhaps just my PC but I was unable to view your document letter. Takes me to a link which says 'unspecified attachment If followed from a link to contact the administrator'???

[Norbert2010]

Ah sorry, and thank you.

[Norbert2010]

Right,

 

I sent off the CCA and have confirmed delivery on 27/2/10 and the SAR delivered on 2/3/10. I have heard nothing from DLC or their Solicitor until yesterday when the text messages asking me to call them started again. I also received two recorded voice messages to my home phone asking me to call them. Please advise what next?