Debt Collection Advice Please

[resolution3]

Hello, I just joined, I've been reading a lot on here and need some advice please.

 

I have unsecured debts of about £50k, half with Capquest, half with Eversheds/Max Recovery, I've been making regular repayments to them for 5 years within what I can afford, totalling £100 p/month for the whole lot.

 

All the debts with Eversheds were sold to them - got that confirmation over the phone from the original creditors.

 

Capquest: they're collecting on behalf of Egg for a loan. I spoke with Egg and they confirmed that Capquest is collecting on their behalf, that the debt was not sold to Capquest - I still get yearly statements from Egg showing the payments I've made so that must be true.

 

I also pay Capquest for a high street bank overdraft which was sold on to them from that bank's previous collection agency.

 

I lost my full time job last year and just have part-time freelance work at the moment, earning under £500 a month, relying on family and friends for lodging and boarding otherwise I'd be on the street.

 

I need to write off to all parties to request a reduced payment and know it's not going to go down too well so I'm dreading it and keep putting it off.

 

Eversheds: they have never provided me with any DOA and from what I've read on here they should have. Can I make them a reduced payment offer while asking them for that? I am only offering them a token £1 payment to keep them off my back while I go through this process.

 

Capquest: Egg told me that any correspondence about my account should go directly to Capquest. Any point asking them for a DOA if Egg said they have not sold the debt on to them? Shall I DOA for the bank overdraft that they have never sent me the required statements for?

 

Eversheds have in the past requested original bank statements - is that standard practice to send to debt collection agencies? I am happy to send those off to prove what I am earning at the moment but just wondering if they are within their right to ask for that.

 

I need to add that for the last 5 years, I've given in to demands for increase in payments as they've usually been very small and that has kept them off my back, which they have. Even Capquest who were awful to start with just send an annual letter for the small increase. I don't get harassing calls as I've stuck to the payments. The thought of them starting to call again fills me with dread. I've read about but can't find the standard letter about asking to keep correspondence in writing, please could you tell me where that is?

 

I have been thinking about doing something about all this for a while but have chickened out as having dealt with the debt collectors in the past and how unpleasant they were. However, now paying them £100 a month when I'm on £475 is ridiculous and I have to do something.

 

I've spent hours reading on this forum and at times have found some of the info confusing so I decided to join and start my own thread, hope this is the best way to go about it.

 

This has all been hanging over my head for years. Bankruptcy is not really an option for me even though I have no assets of savings, I would rather exhaust other options first.

 

I am very grateful for any information you can help me with, thank you.

[meerkatsmimm]

hi,

 

i'm not the person to give you the info you need but just wanted to say 'hi' and 'welcome' and to let you know that you have come to the right place.

 

someone will be along shortly to help i'm sure

 

xx

[resolution3]

Hi meerkatsmimm, thank you very much, I look forward to it.

[Bazooka Boo]

Hello and welcome R3, never fear CAG is here!

 

First off fill this out, 'for yourself' so you can see exactly what is going where.

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

Don't forget you need to have a life, unsecured debts are NOT a priority, so they all come at the bottom of the list where payments come.

 

The minimum 'token' payment is £1 a month, if after you have done your own I&E sheet (above) and you can only realistically and comfortably afford to pay them the token payment, then so be it, there is NOTHING they can do, you will be able to show to any Judge that you are in fact being reasonable in making token payments each month, and it is in fact the creditors who are being greedy.

 

Golden rules,

NEVER speak to them over the phone....EVER!

Keep EVERYTHING in writing, keep copies of what you send, and keep a diary of events, especially where their telephone harassment is regarded, this will enable you to report them to the Police for the criminal offence of harassment.

 

This is the telephone harassment letter you are on about.

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

If you send them any correspondence then you MUST obtain "Proof of posting" from the PO counter, this is free, and is the ONLY legal proof you need to show a Judge that they received your letter.

You can even send them using 2nd class, just ensure you obtain "Proof of posting".

 

Important docs like SAR's and CCA requests, will be preferable to send them recorded delivery.

 

As for sending personal confidential information such as bank statements to DCA's, they are punching above their weight, and the ONLY person who can LEGALLY request & view such information is a Judge, HOWEVER, it 'may' help your situation to provide them with a basic I&E form, to show what comes in and what goes out, this will back up your offer of token payments, or whatever you decide you can 'comfortably' & 'realistically' afford.

 

If they are then so greedy as to take you to court you will then have a defence that you have in fact shown them an I&E form, of which they are not legally entitled to view, but they still think you can pay more when in actual fact you cannot.

 

Overdrafts have partV exemptions from the usual CCA request, and that is something I have been meaning to get my head round in order to question them, but I bet there are charges and fees in that OD that you can claim back to reduce the amount?

 

So cr@pquest have two of your accounts? One for a Loan & the other an OD?

 

The loan was taken out how long ago, and when did you default on the payments? You will almost certainly be able to request a CCA if it is over 5 years?

 

 

Got to go out, but there will be plenty of others on here who can give you more advice and guidance, I might be back on later so will look in, remember above all else, it is ONLY money, your health and well-being is MUCH more important than ANY tame puerile threats these clowns might like to make to you.

 

Boo:thumb:

[silverfox1961]

Hi and welcome to CAG. I have made some comments below (in red)

 

 

Hello, I just joined, I've been reading a lot on here and need some advice please.

 

I have unsecured debts of about £50k, half with Capquest, half with Eversheds/Max Recovery, I've been making regular repayments to them for 5 years within what I can afford, totalling £100 p/month for the whole lot.

 

All the debts with Eversheds were sold to them - got that confirmation over the phone from the original creditors.

Time to stay off the phone. Deal in writing only

 

Capquest: they're collecting on behalf of Egg for a loan. I spoke with Egg and they confirmed that Capquest is collecting on their behalf, that the debt was not sold to Capquest - I still get yearly statements from Egg showing the payments I've made so that must be true.

 

I also pay Capquest for a high street bank overdraft which was sold on to them from that bank's previous collection agency.

 

I lost my full time job last year and just have part-time freelance work at the moment, earning under £500 a month, relying on family and friends for lodging and boarding otherwise I'd be on the street.

 

I need to write off to all parties to request a reduced payment and know it's not going to go down too well so I'm dreading it and keep putting it off.

 

I will post a link below to help negotiate with your creditors

 

Eversheds: they have never provided me with any DOA and from what I've read on here they should have. Can I make them a reduced payment offer while asking them for that? I am only offering them a token £1 payment to keep them off my back while I go through this process.

 

Capquest: Egg told me that any correspondence about my account should go directly to Capquest. Any point asking them for a DOA if Egg said they have not sold the debt on to them? Shall I DOA for the bank overdraft that they have never sent me the required statements for?

 

A DOA is a private paper between the two creditors. What you want is the NOA (Notice of Assignment) Chances are they won't have it as it is a generic letter and they don't store individual ones on their systems. There won't be a NOA where a DCA is collecting on behalf of the creditor-only ones that have been sold

 

Eversheds have in the past requested original bank statements - is that standard practice to send to debt collection agencies? I am happy to send those off to prove what I am earning at the moment but just wondering if they are within their right to ask for that.

 

While it would help your case, their is no legal requirement for you to do so

I need to add that for the last 5 years, I've given in to demands for increase in payments as they've usually been very small and that has kept them off my back, which they have. Even Capquest who were awful to start with just send an annual letter for the small increase. I don't get harassing calls as I've stuck to the payments. The thought of them starting to call again fills me with dread. I've read about but can't find the standard letter about asking to keep correspondence in writing, please could you tell me where that is?

 

If the calls start again, just refuse to go through their security checks citing the Data Protection Act

 

I have been thinking about doing something about all this for a while but have chickened out as having dealt with the debt collectors in the past and how unpleasant they were. However, now paying them £100 a month when I'm on £475 is ridiculous and I have to do something.

 

I've spent hours reading on this forum and at times have found some of the info confusing so I decided to join and start my own thread, hope this is the best way to go about it.

 

This has all been hanging over my head for years. Bankruptcy is not really an option for me even though I have no assets of savings, I would rather exhaust other options first.

 

I am very grateful for any information you can help me with, thank you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

Use that link to help negotiate.

 

I would imagine that there are quite a few charges that you could reclaim (not the overdraft-unless it was caused by hardship) If you want to go that route, just shout.

 

Work out your essential outgoings first then work out what you have spare (don't forget to have a life as well) then offer them pro-rata amounts

[resolution3]

Hi Bazooka Boo,

 

Thank you so much for your reply.

 

I didn't know that about the bank statements! They have even told me that I need to supply originals, not photocopies!! In any case, rather than 'encourage' them to take me to court, shall I send them a photocopy anyway? I'm just thinking ahead, if it will save that hassle.

 

That's right, Capquest have a loan and an OD of mine. I took out that loan definitely over 5 years ago, either end 2004 or early 2005. Shall I request CCA from Egg directly?

 

Thank you so much for your help, I look forward to your further input!

[resolution3]

Hi Silverfox 1961, thanks so much for your advice!

 

The bottom line is I actually don't have any spare income. I am earning well under what the CCCS told me I can put down as my outgoings in London, however I am willing to pay £1 as a goodwill gesture.

 

I am going to get this process started as soon as I have all the info I need from here.

 

Thanks so much for your feedback.

[twoman]

Hi Res3,

Listen to the advice, BB is an experienced cagger you don't have to send them anything only a Judge can request such info,ignore their requests and threats and as for taking you to court it's a long,long way off so don't worry.

Cag will guide you every step of the way,they did me and i'm in total control now of all my debts and that's feels good.

Remember these DCA'S have no more power then your milkman.

[Bazooka Boo]

Well once again, everything I just wrote out, disappeared after hitting the ruddy wrong button!!

 

So to be brief..........................

 

Send Cr@pquest a CCA request for the loan..http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

They have 12 working days in which to reply with the docs (If you send via recorded delivery)

OR send it 1st or 2nd class post and obtain "Proof of posting" from the PO counter then they wil have 14 working days from the day 'after; you send the request.

 

Send it to whoever is demanding payment from you, DONT sign the PO, just sign it using BLOCK CAPITALS. Also don't make it payable to any particular outfit, leave it blank, as the new craze is to send the CCA requests back informing you to send it direct to the original creditor (OC).

 

If you are willing to pay the token payment, then there is very very little they can or will ever do, NO Judge in the land will force you to pay more than you can reasonably and comfortably afford to pay, the puerile missives sent out by third party DCA's are not only hilarious, but they verge on the delusional & extortionate.

 

There is NOTHING that any DCA states in their letters that is true, and that even goes as far as their fabricated addresses, trying to hide behind PO boxes so they think they cannot be found!

[twofoot]

You have some good advice here. If it were me I'd reduce them to a quid and tell them to bring it on. You need a life and when times are hard these vultures should be bottom of your list. Take the bull by the horns and takes them on. End of the day they could at worst take you to court and get a quid for each then you will have a life back. It is not a crime to come on hard times.

[resolution3]

Thanks BB, I will get that started. Please bear with me with a few questions

 

 

With Egg having confirmed that they have not sold on my debt to Capquest, the aim of getting the orginal CCA is to see if it's enforceable correct? (In any case, enforceable or not, they're only getting £1 as I don't earn enough to live on!)

 

And for Eversheds, they are all credit cards, shall I request same info? And do I need to request the NOA that you mentioned, from both Capquest and Eversheds?

 

I won't sign the Postal Order - in any case, even if either party has a recent signature of mine, it has changed considerably since I signed those agreements and the difference will be obvious, at least to me. I stupidly sent a signed Jobseeker's Allowance form when I was on that a couple of years ago to Eversheds as they had said they couldn't accept the ongoing payments without proof that I wasn't earning enough, with the court threats - I didn't know about this site at the time...

 

Sorry for all the questions and thank you for giving me the courage to make this much needed change in my life. I know I will have a lot to deal with but hopefully with the support of CAG I will get through it!

 

Thanks again!

[resolution3]

Thank you twofoot. I am so happy to have found this forum and very grateful for getting support and advice so quickly! I look forward to getting the ball rolling.

[Bazooka Boo]

Eversheds, they are all credit cards, shall I request same info? Yes

 

And do I need to request the NOA that you mentioned, from both Capquest and Eversheds? You need to find out whether they own the accounts or are simply acting on behalf of their client. What do their missives say?

 

If their letters state 'client' then they won't have bought them, I would think that the likelihood of cr@pquest buying these alleged debts is slim, and as far as nevershuds are concerned, I'm sure I have dealt with them in the past....????

 

Yes just checked, dealt with a Halifax account, so the font type was uncannily like the banks own!

[resolution3]

Hi BB, every time I read one of your replies, it's like music to my... eyes?!

 

Nevershuds as you call them, in all their letters say 'negotiate a settlement for you on behalf of the client'. However, I've called 3 of the 4 original creditors and they confirmed to me that they have sold on the debt... Can Eversheds go as far as putting 'on behalf of the client' in writing when that is not true? That's why I'm a bit confused there. I know what you're gonna say - they're all liars

 

So to recap, would this be my plan of action, following all your instructions on how to send the letters and POs etc:

 

1. Find out about 4th Eversheds debt, from the original creditor, if they sold it on

 

2. If so, send CCA requests to Eversheds for all my accounts with them + NOA requests for all those accounts too along with my offer of new £1 token payment and I&E sheet. Change standing order before they've accepted amount? If 4th debt was not sold on to them, send CCA + NOA to original creditor?

 

3. Send CCA request to Capquest for Egg loan, even though Egg confirmed they haven't sold the debt to Capquest + NOA for Egg loan, along with my offer of new £1 token payment. They're on Direct Debit not Standing Order so setting up new payment could be tricky and might be an opportunity for them to say I haven't been paying if I just cancel the DD - not sure what to do with that.

 

4. Bank overdraft with Capquest: NOA as well? This one was passed on to a couple of collectors before it reached Capquest. Not sure what to do with this one.

 

Wasn't sure about your reference to the bank/Halifax thing, please explain.

 

Thanks for you help with this plan of action and for your patience, it's becoming clearer as we speak and taking shape in my head - the clouds are lifting!!

[brokebutnotbeatn]

Simple simple simple is my word of the day. You SAR the original creditor enclosing £10 postal order made p[ayable to them and sent recorded delivery and you CAA the 'new' collector enclosing postal orders not made payable to anyone. You post these and get proof of postage from the post office (this is free). (BB, I'm getting on a roll here I hope?! ). You immediately CANCEL any DDs you have and set up a SO for £1 (or start the process for this). You write to the person collecting with your offer of £1 - you don't have to send anyone an I&E sheet but by the sounds of it it will support your £1 token payments so it will help you rather than hinder. You post any replies you get when you get them in a new thread on this forum - one per critter - and BB and co will work with you...x

Edited March 31, 2011 by brokebutnotbeatn

[Bazooka Boo]

I'll start in reverse order.

 

Cr@pquest and the OD, whatever bank this was with (?) are there any charges. or fees added to this account? If so, or your not sure you can send them (the bank) a Subject Access Request (SAR) along with £10 postal order to see exactly what charges if any they have added and which you can claim back, this will then be used to offset the total balance owing and hopefully make it more manageable for you to pay off.

 

CCA request to cr@pquest for the loan YES, & cancel the DD, set up a standing order instead, don't care less if they like this or not, it's not up to them how you manage your financial affairs.

You WILL have proof of payments so don't worry.

 

CCA's should go to 'whoever' is demanding payment from you, if they then return your request saying that they are not the OC and you should send it to them direct, then that will be your confirmation, so don't put anything on the postal order, just write on the back of it "Stat fee for CCA ONLY"

 

NOA should have been sent to you prior to you paying them, but as you have already been paying them, then it's a little like taking two steps forward one step back, but it's not insurmountable.

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

But you would need to edit that to suit, you just want them to confirm who they are acting on behalf of, or what the alleged account they are pursuing relates too.

 

Ideally, you wan to know from all of the OC's who they have employed to act on their behalf to collect the alleged debts. My head is working too well today, so someone else might be able to advise a much simpler option.....

[resolution3]

I love you guys, not sure what else to say!!! Thank you brokebutnotbeatn, I will get going and keep you guys posted!

[Bazooka Boo]

Posts crossed...

[resolution3]

Thank you BB - thanks for clarifying about the NOA, I had thought it was something that the DCAs legally have to supply you with and that if they don't, they would be in some sort of breach, I don't know where I got that idea!

I will get on with all this and keep you guys posted on what starts to come through.

Thank you!

[Bazooka Boo]

No, you are correct in that they 'should' send you a NOA, usually turn up in the same envelope, one alleging to be from the OC (but on the same paper and printed in the same font) saying they have passed/sold the account to some foolish buyer of lemons, and another one from the lemon buyer saying they have bought/been appointed to chase this pup.

 

If you haven't received this, then how are you supposed to know who is legally able to collect alleged debt?

Hence the reason why the 'No Ack' letter is sent to them.

[lop]

It is so sad that many people come here due to DCA's greed rather than deal with disputes.

 

There is absolutely no need for you to pay more than YOU can afford!

[resolution3]

please see next entry.

Edited April 1, 2011 by resolution3

[resolution3]

Thank you BB.

 

I now have confirmation that the debt I wasn't sure about was sold on to Eversheds as well. And found out much more information from them, but I don't want to put it on here as it might help point to me in case they're reading. Suffice to say, they've royally screwed up with reference numbers and what they've been collecting from me (happy to tell you more by PM).

 

So, sending off CCA requests on Monday + token offer letters + NOA request to all of them.

 

NOA: still a bit unsure what to take out as the whole letter seems worded to say that I don't acknowledge when I've been paying for nearly 5 years. What would you suggest please BB?

 

Thank you and everyone here for contributing to this thread, I look forward to updating you on the next developments.

[resolution3]

Hi guys, hope everyone's having a nice weekend. So Monday morning, I'm going to send:

 

Letter with I&E sheet + offer of £1 payment for each debt

CCA request to Capquest for loan

CCA requests to Eversheds

 

Postal orders: £1 per debt, is that correct?

 

NOA letter: still unsure how to word this if I've been paying for 5 years already.

 

As mentioned, Eversheds has bought all the debts from the original creditors. The OCs have confirmed this to me over the phone and have told me to speak to Eversheds for anything to do with those debts.

 

I look forward to your feedback when you guys get a chance to have a look on Monday.

 

Thank you!

 

Khaled

[resolution3]

bump