A little advice

[hennari]

Have been lurking here for a while now but this is the first time I have posted.

 

After years of struggling through on one wage (I cannot work due to being a carer for my disabled daughter) it was decided that we needed to do something to try and make our future more secure. We wrote to all our creditors making them aware of our situation and most have been ok. Barclaycard have made life difficult right from the start but we are just paying them the monthly payments and after sending out the standard do not contact except in writing phone calls seem to have at last stopped.

 

MBNA have in the past few weeks decided to up the anti against us and have now got a debt collector involved.

 

Sent a letter to MBNA and Barclaycard via recorded delivery but lovely royal mail have gone and lost the letter to MBNA so seems the CCA letter will have to be sent again.

 

Anyway this morning got a letter from Allied International Credit who keep calling even though we have told them that we will not speak to them on the phone.

 

Obviously it is full of we will take you to court etc etc . . . Numerous letters have been sent . . hmmm funny we have only ever had a nice yellow postcard before and then at the bottom it states that among other means of payment Credit Card will be accepted. We do not have the money to pay these people, never had, believe me if we did have the money it would be so worth it just to get them off our backs but I am sure that I have read somewhere that taking a Credit Card as payment from people that you are aware are in financial difficulty is wrong.

 

Can anyone clear this up for me?

[teaboy2]

They are in breach of:

 

Oft Debt collection guidelines 2.6 (b) - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

• 2.6 Examples of unfair practices are as follows:
  
• a. contacting debtors at unreasonable times and at unreasonable intervals
  
• b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
  

Report them to the OFT and Trading Standards as well as the FSA, and Financial Ombudsman - In fact, the more the better.

 

Also as they have refused to stop calling you then send them this in writing recorded delivery - http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter - If they Call you again after they have received the letter, then report them to the police for Harassment.

 

I would also suggest you send a CCA request to them for the MBNA account as it may have missold PPI on it, and will likely have reclaimable charges on it too - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

[Revenant]

Hi hennari

 

Welcome to CAG

 

To follow on from teaboys reply

 

Allied Int Credit are members of the CSA and by joining they have to accept the CSA Code of Practice . .

 

Debt Collection & Default Guidelines

 

In attempting to carry out collection in default of

payment, members of the Association should:

 

a) Not use oppressive or intrusive collection

procedures.

 

b) Not bring unreasonable pressure to bear on

the debtor in default of payment.

 

i) Not pressurise debtors to sell property or to

raise funds by further borrowing.

 

p) Take into consideration before determining

whether to enforce repayment, all information

supplied in relation to the reason for nonpayment,

which may include The Common

Financial Statement, or the debtor’s future ability

to repay. If the debtor has disclosed multiple

debt problems, inform them of the availability of

accredited advisory services. Where available,

provide in all relevant correspondence the name

or designation of a specially trained member of

staff who may be contacted regarding financial

difficulties.

 

 

As you can see very similar to the OFT Guidelines but the first part of 'P' is also relevant as they should look at all the facts presented to them

 

Above all please remember that even in your situation you're still in control of your money not them

 

Good luck

 

R