DCA is getting greedy

[Blondmusic]

I have been faithfully repaying an old Greenwoods (also known as provident) loan after I ran into financial difficulty following a failed relationship. I have been making token payments of £1 per month (as I am a single mum on benefits struggling to find a job) since November 2004 and have never missed a payment. I did send a CCA request some years ago and the agreement is all in order so I have been paying them by Standing Order.

 

I recently received a letter from C.K. Edrupt & Co, who I have been paying every month since they took over the account, saying they were reviewing my account and I had to fill in their Income and Expenditure form. I contacted National Debtline who advised me not to use the I&E form provided but to download one from their site, fill that in and print it which I did.

 

I have now received the following letter from them and would like some advice on what I do next.

 

Dear Blondmusic,

 

Further to your letter dated 31st March 2011, the contents of which we note.

 

You have been making token payments of £1 per month since November 2004 and have stated that your circumstances have remained unchanged, however we note that during this time you have taken out further credit for which repayments are now taking preference over this account.

 

In the circumstances we are no longer prepared to accept token payments of £1 per month and require a minimum payment of £5 per month.

 

We trust this clarifies the matter.

 

I think they have been looking at my credit file. I have taken out a catalogue, but only to replace a broken washing machine as I refused to pay Brighthouses prices, and now it looks like this lot want more money than I can afford to pay them.

 

Can anyone help me?

[dx100uk]

stop paying them & ignore from now on

they have no legal right to see any of your financial details anyhow

and the punt at trying to intimidate you into paying more, will not go down well if it ever went to court

 

but, they'll go nowhere near a court with greenwoods interest rates are in the open

 

ignore and stop paying

 

dx

[watchinginvestigation2011]

Cheeky of them. I would reply that as they are probably aware necessary house hold goods ware and need replacement from time to time so the original token payment stands xx

[Tingy]

I agree with DX or alternatively just totally ignore and continue to pay £1.00 per month. Your financial affairs are private and only a judge can demand you fill in an IE sheet.

[Blondmusic]

Thanks. I am happy to pay them but I don't see why I should pay them more than what I can afford. I was going to write to them telling them they either keep accepting the payment or take me to court. I should not have to explain why I got credit from a catalogue as I dont think it has anything to do with them.

[Tingy]

Save your money - since first class went up recently that's nearly half your next payment!

[Blondmusic]

I usually send letters second class just like they do to me

[harrassed senior]

I'd like to see them try this and have to explain to a judge why over 6 years not one payment has been missed. Relatively speaking, I do not think the amount of the payment matters, it is the commitment you have maintained and thats what counts.

[Blondmusic]

I replied to CK Edrupt on the 31st of March 2011. I told them that I had contacted National Debtline and filled in one of their Income and Expenditure forms. I have now received the following reply from CK Edrupt,

 

In response to previous correspondence, you offered to repay the sum outstanding by instalments of £5.00 every month.

 

We are not receiving payments in accordance with the agreed rate.

 

If further action is to be avoided, it is essential that payments at the offered rate are made promptly on the agreed date.

 

Please send your payment now.

 

I would love to know when I offered them £5 a month as I have copies of all my letters to them and non of them state any offers of £5 a month. I can't remember ever speaking to them on the phone and offering £5 a month. They are really getting on my nerves now as I have been paying them regularly, never missed a payment and I think they are just greedy.

[Rayne]

Complain, as trying to get more money from a debtor when they have CLEARLY stated that they cannot afford more is blatantly against OFT Guidelines On Debt Collection

[The GodMother]

Write to them asking for ther complains procedure. Also in the same letter makeclear you have never agreed to repay them at £5 every month. You will continue to pay them at the rate you agreed being £1 every month. Also advise them that they are in breech of OFT guidelines on debt collection by pressuring debtors to pay more than they can afford. if they dont like what you have agreed to pay then they can take you to court and explain in court why it is not appropriate to be paying £1 a month for a debt which they have been accepting for 6 years now.

[The GodMother]

Oh and Ck edrupt are there in house sols.

Also if they ever ask none of you have ever seen or heard of me for the next 4 months

[Blondmusic]

Thanks Rayne and Godmother. I will write back to them again and let you know if they reply.

[harrassed senior]

You could also adapt my 'cheeky' letter which has worked for me!

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

[Rayne]

hehe i love that letter

[Blondmusic]

This is the latest drivel CK Edrupt have sent me. They have kindly enclosed a Standing Order Mandate (although I already have a standing order set up with them), a payment offer form and a double sided page of how to pay them and the other side I have scanned.

 

 

Edited May 15, 2011 by Blondmusic

[Helios]

They will look foolish in court with this one you have shown willingless to pay, you can't afford any more. That letter has being sent in a hope to intimidate you into paying more. Ignore them

[intend]

Ignore - like most letters from DCA its full of ifs and mays and shoulds.

 

As previously advised carry on with the £1 payments and forget these. You have a life to live.

 

Cheers Intend

[Blondmusic]

I will do. Thanks

[NailPost]

Did you ask for their complaints procedure? Did they send you one? If not then start complaining now. If they do start a court claim you will have evidence in place to show that they were well aware of your concerns at their tactics well before they took the nuclear option of court action. I say nuclear because a judge will wipe the floor with them if they would ever step into a courtroom with this one.

[Blondmusic]

I will draft a letter tomorrow and send it recorded. I will be asking for their complaints procedure and remind them of the OFT guidelines.

[Helios]

Seeing your location don't mind in giving support if these fools take court action, only live 5 mile from Darlington

[Blondmusic]

Thanks Helios.

[The GodMother]

Also as the solicitors for Provident/Greenwoods then they should know better than threaten people with litigation when they can ill afford it.

 

Personally l would write back advising you have already set u a standing order for what you can afford each month and if they dont like it then they can always send you the money back you have paid with very good reasons attached.

 

Dear Sir or madam.

 

Thank you for your letter dated XXXXXXX contents have been noted.

 

I have already set up a standing order for £1 a month to go out on XX of every month or to go out on XX then every 28 days after.

If this amount is not accetable then l would advise you to send me back the money explaining exactly why the amount is not acceptable.

 

I would like to remind you that under the OFT guidelines on debt collection that ressuring debtors into making higher payments that they are unable to afford is not acceptable.

 

I look forward to your reply accepting this payment amount that is non negotable. Also lease send me a copy of your complaints procedure.

 

Yours Blonde music.

 

CC oft

Trading standards Bradford

Trading stands where blonde music lives.

[Blondmusic]

That letter is perfect Godmother. I will get that sent off to them today by recorded delivery.