where do you start ?

[chicken man]

hello

 

first time on this forum, and hoping to try and find a way forward.

 

my son has managed to run up several debts varying from £250 to £600 which are now being pursued by the likes of Scotcall, Castlebridge, Capquest, Keyes Whitlock et al.

 

the phone calls (threatening and intimidating) are many, and every day, the letters the same, but at last he is beginning to face up to the situation.

 

my questions are;

 

i initially suggested he contact the CCCS, to stop the interest, the phone calls, the threats etc and try to reach an agreement for a managable repayment solution, and he has made the first phone call to them,

 

then i began to read this forum,

 

is it worth sending these debt collectors a CCA letter, just so that we can actually get to the bottom of the debt ? it seems that his debts have been bought and sold many times, and have increased every time. is this a viable course of action, or should we just let the CCCS take over ?

 

i wasn't expecting any of this, so would appreciate your views on the path to take.

 

thank you

 

arthur

[PGH7447]

Hi and welcome

 

it all depends on what the debt are and when he took them out, on whether a cca will work or not.

 

if you could break down the debts then people can advise on each one, it is easier that way

 

has for the phonecalls just say in writing and put the phone down, they soon get bored

[Sidewinder]

Hi Chicken Man. You have come to the right place and you will receive invaluable advice which has been of benefit to all of us over the years.

 

There will be much advice offered, but for my two penn'orth, providing that all of the alleged debts are for loans, credit cards etc, then a CCA request should be the very first thing that you do in taking back control. No doubt you have read a few threads relating to similar problems to your own already, so you need to look out the template letter for a S77/78 CCA request and send one to each of the creditors. Head up each letter with 'I do not acknowledge any debt to your company', send by Recorded Delivery and do not sign the letters with your normal signature. You will need to enclose a Postal Order for £1 with each request - not a cheque for the same reason as you don't sign the letters.

 

If the companies cannot provide a copy of the properly executed original agreement then you are in control of what is paid, if and when and can prioritise anything which needs to be dealt with first. Only involve the likes of CCCS if it is necessary after taking these steps.

 

Do not EVER talk to debt collectors on the phone. You will be talked into a corner and threatened - as you are already finding out. You are entitled to insist that all communication is in writing and you can do various things to push this point - especially if they cannot provide a CCA.

 

We also need to know how old these 'debts' are, what they relate to and whether any payments are being made. Have charges been added to any of them? Was there any PPI involved?

 

You will certainly start to feel easier about this immediately!

[chicken man]

thnaks for the advice, here are a few things that i know;

 

3 of the debts have been sold to the debt collectors by mobile phone companies, and vary from £200 to £600.

 

3 are from pay day loan people and are for £300'ish each

 

1 is from a credit card company and is for £456

 

2 are from "consolidation" loans that weren't and are from £800 to £900.

 

none of the debts are over 3 years old, and minimum payments have been made where possible.

 

my son is getting several calls a day to his mobile and to his mothers house, and some of these people are being very intimidating.

 

i have told him to, very politely, ask them for everything in writing from now on.

 

he has given all the details to the CCCS, and they are going to get someone to call him back.

 

sorry for the lack of detail, but just getting him to face up to them is, imo, a good first step. maybe now he can start to take control of his life again.

 

arthur

[harrassed senior]

thnaks for the advice, here are a few things that i know;

 

3 of the debts have been sold to the debt collectors by mobile phone companies, and vary from £200 to £600. Unfortunately these are not covered by the CCA route. I would suggest the 'prove it' letter for each account which you will send to the latest DCA.

 

3 are from pay day loan people and are for £300'ish each. Again, if these are within the last 3 years then the 'prove it letter' would be the way to go.

 

1 is from a credit card company and is for £456. This would be the CCA route.

 

2 are from "consolidation" loans that weren't and are from £800 to £900. Were these from a bank?

 

none of the debts are over 3 years old, and minimum payments have been made where possible.

 

my son is getting several calls a day to his mobile and to his mothers house, and some of these people are being very intimidating. You can send the 'harrassment - do not 'phone letter. Everything in writing only.

 

i have told him to, very politely, ask them for everything in writing from now on.

 

he has given all the details to the CCCS, and they are going to get someone to call him back.

 

sorry for the lack of detail, but just getting him to face up to them is, imo, a good first step. maybe now he can start to take control of his life again.

 

arthur

 

If you can keep each and every account in a seperate file, then it will be easier for you to deal with, and that way you (your son) will be in charge and will know what is happening and be current with the situation.

[chicken man]

hi

 

thank you for taking the time to reply.

 

is there a template for the "prove it" letter ?

 

the consolidation loan is now being chased by CK Edrupt, who i believe are debt collectors.

 

also, he has been given settlement figures by these people, but is there anyway of negotiating it lower for a one-off payment ? i would presume that they will have piled on as much in the way of fees and charges as they can ?

 

arthur

[harrassed senior]

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Amend to suit.

 

This is to get all the info that you need so that you can make some kind of order of this situation.

 

If you want to make an offer of a full and final settlement then by all means write and make an offer. Always start low (DCA's paid pennies in the pound for these debts, the OC having sold and claimed tax relief on their loses). This should be made in writing and should contain your specific requirements for the Settlement, there are some good templates from others around for this).

 

Have you checked your son's credit files?

 

DCA's cannot, I believe, add on charges, and you could make claims for other indiscriminate charges, but more on that later.

[PGH7447]

The Consumer Forums - Debt collectors

 

phone and doorstep - template 3

 

cca - template 8

 

sar - template 11

[chicken man]

thank you for the replies and advice, very much appreciated as always.

 

my son has an appointment with a CCCS counsellor to discuss the way forward.

 

i have read their website, and am i right in assuming that they will be able to stop telephone harassment once some sort of repayment programme is put into action ?

 

it looks as if he pays CCCS an amount every month and they distribute to the dca's, and from then on, as long as he pays his dues every month, all contact is between CCCS and the dca's.

 

maybe some light at end of tunnel after all, it just seems a long way off at the moment.

 

arthur

[harrassed senior]

I have had no dealings with cccs, but it is just as easy to do yourself, in fact you may find it easier as I know these 'plans' do not meet all that is required. They will be able to do nothing more than has already been suggested to you, and some will not help at all if you want to query an account and/or go down the CCA route.

[PGH7447]

correct if the cccs take it on then the dca's have to deal with them, this is all well and good as long as he sticks to the agreement