DLC ... Is this harrassment ? ... What can I do ?

[Dydie]

Arghhhhh

 

DLC are really getting on my nerves now

 

I hit a rough patch in 2007 which is where my debt all stems from and at the time I had a car loan with Black Horse which I couldn't pay ... I offered them the car back etc but they were not interested and took it to court in 2009.

 

The court ordered that I pay £25 a month which was made via an attachment to earnings.

 

This has been paid without fault since the court order but Black Horse has recently sold the account to Direct Legal & Collections.

 

I started getting all the usual threatening letters from them and wrote back saying the debt they had purchased was being paid to Black Horse via a court ordered ATEO.

 

No reply and continued with the threatening letters ... eventually in frustration I broke the cardinal rule and phoned them (this has resulted in loads of other DCA's catching up with me about other debts ... So don't ever phone!)

 

Anyway the conversation was successful and they acknowledged that they were recieving the £25 a month and the threatening letters stopped.

 

However .... I am now getting at least one letter a week from them offering me discounts if I pay x amount by x date to close my account.

 

These letters are quite confusing and make it sound like you HAVE to pay and state if you can't pay you must telephone within 7 days to discuss other opportunities available to settle the outstanding balance :-x

 

Obviously they would like me to pay a lump sum as I still owe more than £4500 and at £25 a month I will probably die before I clear the debt :violin:but these letters are really getting on my nerves

 

What should I do?

 

Thanks

Dydie x

[rebel11]

Hi Dydie

 

If you feel harrassed by the letters lodge a complaint with your local trading standards office, but send them a letter to say that is what you will be doing. On the letter write CC: XXXX,XXXXX, XXX,XXXX

 

The XXXX is the address of your local trading standards office.

[DonkeyB]

If they want to change the payments, they have to apply to the courts for a variation. You should write to the court which issued the order and complain, as well as to the OFT and TS.

 

What they are doing is harassment – there is a court order in place and you are abiding by it.

[harrassed senior]

Actually in the same position myself. Have a 4 year old CCJ which was never followed up on, no payments were made, and the debt has been passed around all the usual DCAs. I just sit back, file all the letters and hope one day someone will actually spend their money and attempt to take me to Court.

 

However, as you are paying the Court, I would follow the advice above. Who are you paying the monthly payment too?

[Dydie]

Thanks for your replies

 

I have just spoken to the courts because my ATEO will not be paid this month as I have just been TUPE'd to a new employer, I happened to mention the fact that Black Horse have sold this debt to DLC and the Courts have said they can't do that without applying to them to have the debt re-assigned ... Which they haven't done.

 

The Courts have advised that I make no payments to DLC as they have no authority over the debt, they have said I need to write to them with details of my new employer and send copies of the DLC threatening letters, they will ask a Judge to advise.

 

Think I might give OFT & TS a call just to make a nuisance of myself

 

Dydie x

[DonkeyB]

Great, do that!

[Bazooka Boo]

Bloody good news, the more people who begin to complain to the courts that their Judgments have been sold on to other companies, the more chance they will be brought to book and hit with heavy fines.