advice please

[frazer85]

i have recived a letter from a abbey debt collecter for £320 i have no way of paying that amount up front. i have not yet spoken to them as i am worried they will juset demand the full amount any help would be great.....

[zubo]

i have recived a letter from a abbey debt collecter for £320 i have no way of paying that amount up front. i have not yet spoken to them as i am worried they will juset demand the full amount any help would be great.....

 

Frazer

 

First - don't talk to them - I know that they all say you must phone this number in the next 24 hours - DONT - they will make you worry more and basically feel like s++t. Also you need to be very formal so that you can rely on it later, and how do you know what the DC has written up about any conversation. There is plenty advice elsewhere re how to handle a DC especially if they phone you. Essentially say I dont wish to talk about it, I am seeking professional advice.I prefer all communication to be in writing so there is no confusion. and stick with that.

Dont give any timescales - you need to contol the timeline.

 

Next, give us some details - there are various strategies depending on the debt - is it Overdraft, HP, credit card, loan - who was it with, when, what was the problem history. You talk about £320 and full amount, I assume £320 is arrears - what is the full amount?

 

Finally, relax - you have some very talented people here to help, and although the site is huge and may take a while to find what you want, we will all help you.

[frazer85]

it is all as my account went overdrawn because of 2 direct debits that is the total debt. just get worried when i see that it is a debt collecter letter.

[frazer85]

This company have now called my old address phone number (where my parents live twice) i really do not know what to do and getting worried please help

[Tristesse]

Ok easily done so don't worry.

 

Telephone calls, send this recorded http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Debt collection departments like to get full payments as they probably get extra bonuses on these.

 

If you went overdrawn because direct debits bounced then it's time to reclaim the charges which will either wipe out the debt or reduce it greatly so look up the bank (your bank) in these forums and follow the procedure for claiming back the charges. Once you initiate this the debt will be disputed and they cannot chase you until the dispute is resolved.

 

If they call again either hang up or tell them the call is being recorded and you have taken steps to claim back unlawful charges applied to your account thus the debt is in dispute.

 

Hope this helps.

 

Tristesse

[frazer85]

for some reason i am under the impression that i will have to pay the debt collecters before i start trying to claim the money as all of it was charges is that correct????

 

 

thanks alot.

[kennyparkroad]

no you dont have to pay the debt collectors

 

if the original creditor has passed this onto a debt collection agency, send them a CCA (Consumer Credit Agreement)

 

If its the original creditor thats doing all this send them an SAR (Subject Access Request) this costs £10 but you can claim that back too.

 

DO NOT make any payments, do NOT enter into any phone calls with them.

 

Can you please tell us more, we know you are worried but dont be, trust the people here.

 

 

If it was all charges to go the main page on forums, they is a thread there for claiming back bank charges.

 

DO NOT pay a penny otherwise your acknowledging the debt to them, and if its all charges they are illegal and you can claim them back anyway.

[frazer85]

many thanks for that do i call them as worried if i do not make contact they will send collecters round or something this is all very new to me debt collecters and find it very worrying

 

 

thank you

[zubo]

many thanks for that do i call them as worried if i do not make contact they will send collecters round or something this is all very new to me debt collecters and find it very worrying

 

 

thank you

 

Frazer

 

Thanks to all the other guys posting - I could not get to reply until now.

 

Do not call them. Do nothing with them. They have no proof, moreover they have no power - they like to think they do, but they don't. If they arrive, do not let them into your house, politely tell them that they are not welcome and you will call the police to remove them - they are trespassing and harrassing you.

 

These are your rights.

 

Now, do as Tristesse suggests - get that letter recorded sent quick.

Also, get yourself a sheet of paper and record date, time, company, who you spoke to and do tell them that you are maintaining a record for submission to Trading Standards as evidence of unlawful harrassment.

 

Having got your letter sent, follow the advice of KennyParkRoad - the sooner you start the process of recovering your charges the sooner they know you are serious and will leave you alone.

 

Doing nothing is NOT an option...

[frazer85]

This Is All Much Needed Advice And Many Thanks For It All.

 

I May Be Sounding Very Thick But Was Wondering How The Debt Collecters Will Be Aware That This Is In Dispute?

 

Cheers Again

[kennyparkroad]

they will be aware when they recieve the CCA, and then no matter what they say, they are talking crap!

 

send it recorded and check in a few days to see if its been signed for.

[frazer85]

Thanks You So Much For All You Help I Was Under The Impression That I Was Just Going To Have To Pay All Of The Money Now Or My Tv Etc.. Was Going.

 

Do They Have To Send Prior Warning If The Collecters Are Comin

To Take My Things??

 

And Thanks Again

[zubo]

Thanks You So Much For All You Help I Was Under The Impression That I Was Just Going To Have To Pay All Of The Money Now Or My Tv Etc.. Was Going.

 

Do They Have To Send Prior Warning If The Collecters Are Comin

To Take My Things??

 

And Thanks Again

 

Frazer

 

Relax.....

 

I did not make it clear at all:

 

Debt Collectors have NO power. They just think and pretend they do.

You have the power - to prosecute them for harrassment, trespass just to name a few. They cannot force you to pay money, take goods from you - they are both acts of theft. NOTHING.

 

The Court Bailiffs are different.

 

But to get to that stage is a very lengthy process which no Bank really wants to do unless they think you will not fight. It will not happen.

 

So..... chill.... enjoy the beautiful day, and let your friends here on the site steer you through getting your life back.

 

Now focus: get the letters done - any doubts - ask questions...