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geriann

Additions debt - Bryan Carter CCJ

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I made £148 of Additons catalogue purchases in october 2008.

 

i got my first [Additions] 'arrears collection dept' letter in february 2009.

 

i got my first letter from a debt recovery company [Nationwide debt recovery ltd] in march 2009.

 

in april 2009 Additions sent me a letter with the heading 'default notice'.

are companies allowed to start using a debt recovery company before sending the default notice?

 

by may 2009 the debt had got to £251.82p...because of charges and interest...and has stayed at that amount since then.

 

in june 2009 Lowell bought my debt...they started threatening collection agent visits in thier first letter to me.

 

in august 2009 Lowell started to threaten getting a CCJ,

which could lead to furthur court action,

a bailiff or sheriff taking my possessions,

a charge against my property,

payments being taken from my bank account.

can they do all of that stuff?

 

in september 2009 they passed my account to Hampton's Legal,

which Lowell said was thier litigation specialists..

.Hampton's Legal continued with the same threats.

 

in november 2009 Lowell appointed my account to Red debt collection services.

Red continued the same threats as Lowell,

a field agent visit and even threatened a petition for bankruptcy

'if the balance exceeds the insolvency threshold of £750'.:!:

what does that mean?

 

in march 2010 Lowell appointed my account to Philips Specialist bailiffs and Debt Recovery Agents.

they will 'commence recovery proceedures' on behalf of Lowell.

since may Philips started threatening debt recovery agents coming to my house and instructing solicitors.

 

my most recent letter [from Philips] was dated the 19th of may.

 

will Philips really send out an agent? soon?

 

i've not replied to any of these companies about this debt.:|

 

i'm so ashamed.

 

what should i do?

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Nothing to be ashamed about.

the very first thing to do is to send a S77/78 CCA request

- the template letter can be found on the site

(unless some kind person can post the link)

 

This will make sure that whoever owns the debt has the right to collect.

 

Many catalogue debts are unenforceable,

so this gives you leverage when deciding how much you can pay regularly


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

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PS Chances are noone will call, but even if they do, tell the politely (or not) to go away. They have no powers whatever to do anything, and they can't take your belongings or enter your home or anything else


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

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You will find a CCA template letter here : http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Enclose a £1 postal order and send it by recorded delivery. DO NOT SIGN IT! JUST PRINT YOUR NAME!


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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thanks guys.

 

since my last post i heard nothing about this debt until

 

i got a letter from ScotCall [dated the 1st of december] saying my debt had moved from Philips to them.

 

it was also a 'doorstep colection notice' for a Field Representative to visit me.:!:

 

so far i've had no one come to my door,

but i have had several phone calls..

.one from a human..

.all the others from a machine.:roll:

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If you've received no reply to your CCA request,

then the account may be considered "in dispute".

 

If the disputed account has been passed on to another collection agency,

I'd be inclined to send the latest bunch the "Account already in dispute" letter.

They shouldn't be trying to collect on the account.

 

As for doorstep visits and the continuing telephone harassment,

send them the templates dealing with both issues

- they can be found in the templates library.

 

Don't sign anything,

send all your correspondence in the one envelope by recorded delivery.

Keep a photocopy of everything you send and file it away safely.

 

Good luck!

 

H. x


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)

 

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Print this off and keep a copy of it by your front door: http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

If anyone does turn up, either push it through the letterbox of your closed door, OR hand it to them then shut the door.

 

Are the letters that Philips send you on their usual Philips specialist Bailiffs paper? Although they are bailiffs, they are working under their DCA hat, so DO NOT be intimidated by them. It will be pf great benefit to report them to the OFT&TS via http://www.consumerdirect.gov.uk/contact

Did you send a CCA request? If not, do so, otherwise this will continue to drag on.

As for Snotcall, well I would definitely prefer to be dealing with them rather than Philips.


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!

 

 

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Totally agree with BB on this one. Philips are quite fun to deal with as they think they are above themselves, but need treating with a touch of caution. Scotcall are much easier to handle. Follow BB's advice! Don't feel ashamed by ignoring debts, while I'm battling quite a few there are others that I know I've got that have for the past few years vanished. I'm sure they will rear their heads again at some stage, but I'm rather hoping they may become Statute Barred.

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on the 4th of February i got a letter from Scotcall [dated 1st feb'] which said

'unless payment is made we will have to pass this account back to our client with a recommendation that further action be taken'.

 

who is the client?

would that be Additions catalogue?

 

I suppose there's no point sending a 'prove it' letter?

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

i need to send them a CCA request letter:

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

I suppose the £1 postal order fee is a must.:|

 

does anyone know how much it costs to do a postal order?

 

is it essential to do it by recorded delievery?

how much does that cost?

 

is it definatly Scotcall that own the debt?

i don't want to send it to a company that don't own it.:!:

 

sorry for all the questons,

but i'll have to note this all down to make sure i remember to do it and save the money i need for this from my next pay.

Edited by geriann

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So did you take any of the advice previously given? CCA request? Prove it letter?

I'm guessing not!

 

Your asking people questions that only you have the answer too? This is as much about self help as it is asking for advice and guidance, look at the letters and read them it will tell you who their 'client' is, at the footnote of the letters it will also tell you if the company is a trading style/name of another company.

 

I can only surmise as to who their client is, but yes it is usually the original creditor, in this case additions.

 

You can either wait until snotcall pass it back to them or send them (snotcall) the prove it letter, this does not have to be sent recorded delivery, in fact if you send it 2nd class and obtain proof of posting from the post office, this is all you will need to legally prove that they received the letter.

 

A prove it letter is free, less for the cost of a 2nd class stamp.

 

A CCA request will cost you £1, I have no idea the cost of a postal order? Again if you do not wish to send it recorded delivery, you don't have to, just obtain proof of posting.


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!

 

 

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I think a Postal Order is currently the face value plus 35p? A recorded delivery (standard weight) letter is £1.15

  • Confused 1

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)

 

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on the 21st of April i got a letter from Lowell [dated 18th April] which said

''we're willing to listen to any arrangement offer you can realistically afford..

.the repayment can be weekly or monthly.''

 

it's so confusing that the debt gets handed around so much it's hard to keep track.i guess Lowell still own the debt.

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what's the issue here. If you send the CCA request with a £1 postal order they can 1) ignore it (12+2 then puts the account into dispute that you send when they next write to you or to whom ever next writes to you) or 2) send it on to the original lender (12+2 puts the account into dispute then act as per 1) or 3) return your £1 and point you as to where to send it...simples...


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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the reason why it is being passed aroung is that there is every likelyhood that there is no cca in existence...i would take the advice offered and send off your pound and a cca request...if one doesnt come back and i am willing to bet one will not you can safely ignore em all

Edited by debt4get
spelling error

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But don't forget that this agreement was taken out after 2007 so section 127(3) doesn't apply.

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yep you quite correct nicklea

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dont forget as well as a cca request the late payment charges are reclaimable.

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i've recently had a few phone calls from them.

a machine message saying they want to speak to me.:|

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They are a low life debt collection agency.

 

Don't call them back. You really should not speak to this type of company on the phone at all.

 

any ideas about a debt you might owe?

 

Regards

 

ims


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a DCA dont call them, if they do catch you dont engage in conversation just say I dont know who you are and hang up wait for a letter then we can advise further


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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thanks guys, esp' for the useful tip on reclaiming charges.

 

i got a letter from Lowell on the 2nd of June [dated 28th of may] saying...

 

Lowell is commited to helping you resolve your debt problems.:lol:

we are willing to listen to any agreement offer you can realistically afford to help repay the outstanding balance. the repayment can be weekly or monthly.

when you enter into a repayment arrangement with us it should give you comfort knowing you are getting your finances back on track.:lol:

as long as you make your agreed repayments on time,

you will not receive furthur phone calls and letters from us or any other third party debt collectors appointed by us

and we will no take furthur action against you to recover the debt.

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I would not bother to get into any communications with them at all.

 

Even if you responded to one of their letters, you might never receive a reply.

 

Wait for a letter to come in the post and then post back on here with details of the debt i.e Original creditor name, what the date of the debt is, when the last payment was made and approx how much the debt is for (don't quote the exact amounts, as DCA's do read these pages). With this information, people will then be able to suggest a course of action.


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They specialise in trying to get people to pay up on debts that are statute barred...


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They had a special feature in the OFT's news page a couple of years ago, take a look - http://www.oft.gov.uk/news-and-updates/press/2009/44-09


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Refer to them as mucky hall

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