Some Advice Needed...

[anxiousandindebt]

I am being called constantly by Fredrickson Interntional and Robinson Way. I have no idea what they are calling for because I never answer their calls. Fredrickson are now sending me letters at my home address but they don't say who they're collecting on behalf of, just to constact them. I have several debts which have all changed hands SEVERAL times and it's not the original creditors i.e. banks contacting me. Should I be worried? Where do I stand legally? The debts are all from 2007 and I'm not in a position to pay anything at the moment. I'm too scared to speak to them because of this and tactics they use. One DCA told me once it was theft and I'd go to prison.

 

Can anyone please advise me what to do? At the moment it's just telephone calls, but how far can they take it? I've heard a lot of different things from people and I just need to know how anxious I should be.

 

Thanks in advance.

 

Anxious

[Bazooka Boo]

One DCA told me once it was theft and I'd go to prison.

 

You should have laughed so hard you did a squirt of wee in your Y fronts, it isn't theft, and no, you can't go to prison for being in debt, UNLESS it is for court costs, fines, or council tax.

 

Your doing the right thing by not talking to them over the phone, the person on the other end, will have been promoted from his first job after leaving school, of flipping burgers, to now being in charge of a telephone with a flip chart to read.

 

So never EVER ring these fools. Keep EVERYTHING in writing only, and send anything to them via recorded delivery, or at the very least get proof of postage.

 

Firstly, what are the debts, credit cards (CC) loans, overdraft (OD)

Roughly how much, just a ball park figure to the nearest £10, who were the original creditors (OC) and when was the last contact/payment/acknowledgement made to either the OC or debt collectors (DCA)

[anxiousandindebt]

I did wonder if the prison thing was just a scare tactic! I was at work at the time and it frightened me quite a bit as it was the first time I'd struggled to pay debts.

 

I haven't spoken to any of these companies since 2007 and made a payment toward my loan in 2008 and then stopped because they were harrassing me by phone/post and I didn't eat much that month 'cause they talked me into paying more than I could really afford!

 

I think the debt in total goes up to about 15-16k and none of them are with original creditors anymore. All debts have been sold on several times as many different companies have contacted me. Only problem is I don't know why the current 2 are chasing me and for who so I don't really want to contact them. I'm waiting until they are statute barred...BUT if I make contact at all does that restart the 6 years again?

 

Sometimes I answer the calls, mute them and just let the person say "hello, hello" before hanging up so they can't fill my voicemail with stupid messages asking me to call them. I've got no payment plans set up with any of them and it seems like they're just fishing at the moment. Surely any letters should say who they're collecting on behalf of?

 

Is this gonna get worse or shall I just carry on as I am avoiding the issue? I can't even remember how much I owe, it's been that long now.

 

Anxious

[Bazooka Boo]

Ignoring them is possibly not the best policy to use.

But NEVER EVER talk to them over the phone EVER!

 

Keeping everything in writing gives you a paper trail of evidence, and not a 'he said, she said' scenario.

 

Which DCA's exactly are doing the chasing, some of them may be the OC's in house DCA, ie Triton=Barclaycard

Blair Oliver & Scot=Halifax/BOS

 

There is a lot of time to go before these become anywhere near Statute Barred (SB) so there is plenty of time for them to issue you with a CCJ, but lets not worry about that just yet.

 

Who were the OC's?

 

Who is chasing now?

 

How does the debt break down, how much 'roughly' and to whom?

[debt4get]

in that case best thing to do is to write to them and ask them what the hell the debt is for...

letter below send 'signed for' so you have proof they have recieved

Date: xx/xx/xx

 

Dear Sir/Madam

 

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

 

I would point out that I have no knowledge of any such debt being owed to xxxxxxxxx

 

I am 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 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.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

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

 

I 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 look forward to your reply.

 

Yours faithfully

[anxiousandindebt]

Thanks for the letter template! I may have to send that when they demand payment by letter, at the moment it's just fishing.

 

I have been contacted by McKenzie Hall, Fredrickson International and Robinson Way but I have no idea what they are chasing for as they've never spoken to me. I've ignored calls and looked up their number afterwards to see who it is.

 

Contacting them by post would confirm my address to them which I don't want to do because of the grief it may cause my family.

 

OCs are Nationwide (13k), Capital One (3.6k), Lloyds (2k)...but I have no idea who has referred the debt and who hasn't and which DCA is now chasing each amount as the letters say nothing about their "customer" and the calls aren't answered.

 

What are the chances of a CCJ?

Edited July 9, 2010 by anxiousandindebt

[Bazooka Boo]

When you say the debts are all from 2007, do you mean that you took out these CC's or Loans then or that was the year in which you started having trouble paying them?

[anxiousandindebt]

I took out various things from 2001-2005/6 then had trouble paying them 2006/2007 so stopped on all of them. But I was paying them without fail every month before. Just wound me up how quickly companies sell your debt on and refuse to deal with you when you explain your situation!

[dx100uk]

have you cca'ed EVERYONE you are currently paying money too?

 

if not do so.

 

dx

[anxiousandindebt]

I don't pay anything at the moment and none of these companies are in communication with me except for unanswered phonecalls and fishing letters trying to get a response...

[Bazooka Boo]

Thats OK was just trying to gauge the age of the alleged debts, as anything pre 2007 is a lot easier to combat.

 

Well in your case, I would send the letter D4G posted about No debt Acknowledged, then see what they come back with.

 

Send it via recorded delivery, and PRINT your name, don't sign it.

 

Then, I am assuming that the debts are either CC's, ot Loans? And not Overdrafts?

 

If the first two, you will be able to ask them to provide you with the original credit agreement relating to these accounts, NW, Capone, Lloyds.

 

This is where they regularly fail to provide, or issue you with utter nonsense, but cross that bridge when you come to it.

 

First off, send the No Debt Acknowledged letter, to whoever is chasing you, so if there are three DCA's chasing for three separate amounts send each one that letter. Via Recorded delivery.

 

In the meantime, I would have a dig around and see if you can find any other paperwork relating to these accounts, specifically what your looking for are Default Notices (DN's) and account terminations, doesn't matter if you can't find them, just means shelling out a tenner to each of the creditors to get the information from them.

 

Also, do not speak to them on the phone, if you accidentally answer it just hang up or tell them everything in writing.

 

You might like to consider sending them the Telephone Harassment letter also.

[debt4get]

you can ignore em...chances of a ccj? possible.. if they dont get in contact with you..however if they cant find you then getting a ccj is really a waste of time to them...you say they dont have your address now..but they have been known to get a ccj using a previous address

[dx100uk]

pers i'd not send anyone anything.

 

if they are bouncing around on a debt phishing list, it'll just make them try harder.

 

ignore.

 

have you looked at your cra file?

 

dx

[anxiousandindebt]

It's only Fredrickson writing at the moment and I have no idea who they're chasing for so didn't wanna speak to them and drop myself in it. I've been ignoring anything that comes through as they're only attempts to "fish" so far and the calls get ignored. They stop for a while and start up again

 

All of my debts are CCs, loans and a catalogue...I also have an overdraft that I never paid back. Is that gonna be an issue because it's a different type of debt? I have no paperwork as I shredded the lot ages ago because it was cluttering up draws too much.

 

How many times are they allowed to call you in a day?

 

Thanks for all the advice so far!

[anxiousandindebt]

How does a CCJ work? Is it possible they've already sent one to previous address? I have checked CRA and nothing shows up of any concern...none of my debts show up on there as in dispute/not paid etc. except for 1 I think! I thought all the info woul be on there but it isn't!

[dx100uk]

good then dont worry

 

they would show as its withing 6yrs since opening the a/c's

 

keep ignoring them all.

 

hello guests.........

 

dx

[Bazooka Boo]

If there is nothing on your CRF except one default, then agreed, your on a phishing list, so replying to them will only encourage them.

 

If the phone harassment gets too much, then you can either get your phone number changed and make a complaint to Office of the Telecommunications Ombudsman - Home and/or Ofcom

[anxiousandindebt]

CRA says Arrow Global for the loan...aren't they Fredrickson?

[Guest Cartaphilus]

As for them threatening to send you to prison malarky. It's a great pity the person behind that call can't be sent to prison (yet) for making such intimidating remarks which are completely untrue.

 

The others here will likely have already seen this from the Administration of Justice Act 1970 but am posting it in case there could be something useful (or not) there for you to use against these thugs:

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court. The Protection from Harassment Act 1997

 

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

 

However, this is not the first nor last time I have seen nor read of such behaviour by a DCA (not by a long stretch plus more insidious methods seen by many before).

Edited July 9, 2010 by Cartaphilus

[anxiousandindebt]

I just don't know what to do because they are just fishing and hoping to catch me out...

[dx100uk]

sit back ignore

forget them and enjoy your life

 

dx

[anxiousandindebt]

And wait until 2014 when it becomes statute barred...?

[Bazooka Boo]

It's the weekend, the sun is shining, ignore the fools, no point in letting it ruin a mighty fine weekend, bunch of chancers:roll: