Jump to content
garlando85

Debt recovery company - what should i do?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3656 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am being chased by a debt recovery company.

ACS has been after me since April 2010. I owe a letting agent £2540.00 plus a £70 late payment fee, but this was from 3 years ago. I left the property in November 2007. Since then I have moved house twice but they've still managed to find me.

They have sent me letters threatening court action if i dont pay. I emptied my savings account to pay off half the debt. i thought that would be enough but they are still sending letters and calling me at all times of the day. They have my work, home and mobile number as well as the numbers of my partner, my mother and my uncle. Last week when i got back from work there was a note through my door saying they'd visited, and my neighbour saw a man looking through the windows..

I really dont know where to turn or what to do. I really dont want to go to court, but i just want it to go away. i dont earn that much money, and i have other priorities as to where it goes.

 

If anyone can give me any help it would be much appreciated because I'm really worried about what might happen.

Share this post


Link to post
Share on other sites

DELEATE THE FIRST LINE AND PUT THIS IN

 

This letter is a formal request pursuant to s.77 TO s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy

Share this post


Link to post
Share on other sites

Hello and Welcome, garlando85.

 

I'll move this thread to the Debt Collectors Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

 

HAVE YOU DONE A CCA REQUEST

 

 

Does the CCA apply to rent arrears?

 

garlando85, what exactly was the debt for? Did they extend you credit?


Share this post


Link to post
Share on other sites

Firstly Garlando85, try to stay calm and don't worry too much. The above posts might seem a bit daunting at first, but all these people are genuinely eager and happy to help - it might seem like information overload at the moment!

 

The collective knowledge, advice and support here is second to none.

 

So that people are able to give you advice in the order in which you need it, try to set out the sequence of events in a chronological order and post copies of the letters that have been worrying you in this thread (remember to remove personal details though - account number, name, etc.)

 

The more organised the information you give everyone here, the better prepared everyone is to give you information and advice back - in the order in which you need it.

 

Hope that helps and best of luck :)


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

Share this post


Link to post
Share on other sites
Firstly Garlando85, try to stay calm and don't worry too much. The above posts might seem a bit daunting at first, but all these people are genuinely eager and happy to help - it might seem like information overload at the moment!

 

The collective knowledge, advice and support here is second to none.

 

So that people are able to give you advice in the order in which you need it, try to set out the sequence of events in a chronological order and post copies of the letters that have been worrying you in this thread (remember to remove personal details though - account number, name, etc.)

 

The more organised the information you give everyone here, the better prepared everyone is to give you information and advice back - in the order in which you need it.

 

Hope that helps and best of luck :)

 

Great advice, follow the steps, one at a time and we will endeavour to get you through this.

 

Do not worry too much about Court at the moment, we can deal with that, if it ever comes to that, lots we can do to prevent it if you follow the advice already given.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

CCA won't apply. It ONLY applies to Consumer Credit Agreements


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

Share this post


Link to post
Share on other sites

But....who gives them the right to be peeping toms, looking through a person's windows? Who the f**k do these excuses for human beings think they are?


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

Share this post


Link to post
Share on other sites

Could we have a little more background information please.

 

You say that these are rent arrears arising from a tenancy that terminated three years ago. What happened to the deposit when the tenancy was terminated i.e. is the figure you quote after the deduction of the deposit?

Share this post


Link to post
Share on other sites

Garlando85,

Last year I was in your situation, with the same company.

I explained to ACS that we didn’t have much money; my husband is on job-seekers allowance after being made redundant. And it was agreed that we would pay £18 per week to ACS to pay off the debt.

My advice would be, make sure you ring them and explain your financial situation. You don’t have to clear out your savings account, just pay it off in small installments and then it’s not as painful saying goodbye to the money.

Don’t ignore the letters, because the trouble will build up if you do. It’s much better to sort it early, because if they take you to court and win, you will have to pay all the court and solicitor fees.

Good Luck

Share this post


Link to post
Share on other sites
My advice would be, make sure you ring them and explain your financial situation. You don’t have to clear out your savings account, just pay it off in small installments and then it’s not as painful saying goodbye to the money.

Don’t ignore the letters, because the trouble will build up if you do. It’s much better to sort it early, because if they take you to court and win, you will have to pay all the court and solicitor fees.

 

I wouldn't be taking any advice off a troll.

 

NEVER EVER ring these people EVER.

 

You need to keep everything in writing, so you can have a paper trail of evidence which you can produce in court, if it needs to, and if it ever gets that far.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites
Garlando85,

Last year I was in your situation, with the same company.

I explained to ACS that we didn’t have much money; my husband is on job-seekers allowance after being made redundant. And it was agreed that we would pay £18 per week to ACS to pay off the debt.

My advice would be, make sure you ring them and explain your financial situation. You don’t have to clear out your savings account, just pay it off in small installments and then it’s not as painful saying goodbye to the money.

Don’t ignore the letters, because the trouble will build up if you do. It’s much better to sort it early, because if they take you to court and win, you will have to pay all the court and solicitor fees.

Good Luck

 

So....

 

Which DCA do you work for?


Share this post


Link to post
Share on other sites

£18 a WEEK - how much JSA do you get then? The MOST you should pay somebody when you are on benefits is £1 a MONTH...

 

A low down troll if ever there was one....

 

Seriously if this is for an alleged non payment of rent for a period of non-residency then they have very little grounds to take you to court.

Share this post


Link to post
Share on other sites

Sorry i haven’t replied guys, i went to my mums to get away from it all for a little while. I’d been away for 3 weeks and i had 9 messages from them on my machine!! They rang my mum twice while i was there but she lied and said she didnt know where i was.

Thanks for all the advice, i really apreciate it i’ve done what you said, and made copies of all the letters, and sent a compaint to the harrassment group.

I’m really grateful for all your great advice and support, its good to know that there are people who are so helpful cos i feel at such a loss at the moment. I’m really scared to answer the phone. Every time i hear ACS i just hang up! I dont want to say anything to them that could tie me in to an agreement and i hope that they just settle with the half i’ve paid.

Basically the debt relates to a property i was renting, when i decided to move in with my sister as it was closer to work. I didnt put it in writing that i was leaving, i left a message with a receptionist, when the boss was on holiday. then after 3 months of living with my sister i found a new property to rent, and then it was official that i had left the original property, and the debt relates to the 3 months i was not living their. I dont no if i am in the wrong or not, and whether they should be chasing me for money.

Sorry it took so long to reply there is no computer at my mums house. But thanks so much for all your useful advice, i didnt expect so many replies so soon, its the first time i used this site.

Big thankyou again!!:)

Share this post


Link to post
Share on other sites

Did you sign a tenancy agreement when you moved into the property and did you pay over a deposit?

Share this post


Link to post
Share on other sites

erm it was a long time ago,but i'm pretty sure i paid a deposit for the first 2 months but had to make payments on the first of each month. if i did sign a tenancy agreement, which i dont think i did, i definatly dont have a copy of it.

Share this post


Link to post
Share on other sites

Although this one isn't covered by CCA law, you still have the right to request a complete breakdown of the figure that ACS allege to be outstanding.... to check for unlawful charges and the like.

 

Do this in writing and send by rec. delivery. Have nothing to do with them on the phone and of they catch you, just say "in writing only" and hang up... or just hang up.

 

Once the paperwork comes back to you and you agree with the figure that they allege to be outstanding, you can then make payments based on your ability to repay and no more than that. If that amounts to £1 a month then so be it. If they are stupid enough to take you to court for this, a Judge would see that you were doing your best, so it would be a complete wate of time on their part anyway.

 

:)

Share this post


Link to post
Share on other sites

It sounds like you took out a six month tenancy. If this was an Assured Shorthold tenancy then any deposit you put down should have been protected assuming that it started after April 2007 (which, given your dates it seems to have done).

 

If you put down two months deposit and then paid for the next three months rent, you would be liable for the remaining three months minus the deposit but plus the costs of dealing with any non fair wear and tear type demage to the property.

 

Can you remember how much the rent was?

 

You should consider using the Data Protection Act and send a SARN to the letting agent. This should provide you with a copy of the tenancy agreement and other relevant documents.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...