Question please? urgent?

[snail]

my mate whos got stuck with quite alot of debt, all with credit cards

its been going for about 3 or 4 months now, some of them said his been defaulted to credit agencies and next time court actions will take place.

theres also some letters he recieved from debt collection people, the've written letters & phonening all the time, saying it will be out of our hands soon.

 

he is terrified whats going to happen,

 

my question is are balliffs just going to turn up an anytime?

what is he to expect and what advice, to what he should do?

 

 

Please guys give advice before he get a heart attack, he realy is terrifed.

[Billyhunt]

Get your friend to go down to the local citiziens advice bureau and take copies of statements, account details etc and they will help him organise his finances. They are geared up for debt advice and have mechanisms in place to help. Tell him not to ignore it, it wont go away but talking through his options with the CAB will make him feel much better.

 

Hope this helps.

[KJD]

As long as the debts have not been to court and a CCJ been issued against him, bailiffs will not turn up.

 

Debt Collectors cannot come to your home and take away your goods.

 

Bailiffs can, after certain procedures.

 

You need to get your friend, or on his behalf, to have a really good look round this site, especially in the Debt Action Group section for advice on how to deal with the debt collectors.

 

IMHO, the best place to start is to get him to get all the letters etc he has relating to each and every debt, sort them out into date order so that he knows who is the latest debt collector (DCA) dealing with each card and how much he owes (according to them!) He may need to contact a debt counselling service eg CCCS for help, but I would say that knowing where he stands is the first step.

 

Personally, I would start with the most recently received DCA letter and send them a CCA request - again, have a really good look at the site to find the template and the instructions of how to send it (£1 postal order or cheque, recorded delivery, etc). You could also send a letter regarding only contacting him in writing. This will put the account into dispute with the DCA and earn him a bit of breathing space, as they are not supposed to keep hassling him while it is being sorted out. Further down the line, he may well be able to get some of the debts reduced due to unfair charges etc. But that's for later.

 

If you have any questions, post them under a new thread for that particular DCA or card company, and you will no doubt get some sound advice.

 

I started by doing the above and feel so much more confident about dealing with these companies now.

 

Good luck.

[snail]

Thanks KJD

Personally, I would start with the most recently received DCA letter and send them a CCA request - again, have a really good look at the site to find the template and the instructions of how to send it (£1 postal order or cheque, recorded delivery, etc). You could also send a letter regarding only contacting him in writing.

whats a CCA Request?

also if possible can you direct me towards a correct template.

 

Thanks

[KJD]

This is the one I have used...

 

 

Dear Sir / Madam,

 

Account number: XXXXXXXXXXXXXXX

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from {insert Credit Card company} and {insert DCA name}

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

XXXXXXXXXXX

 

Enclose a postal order or cheque for £1.00. Opinion varies about the best method for posting - I sent mine by Recorded Delivery (costs £1.00) but some just send first class & get Proof of posting (free).

[KJD]

The bit about putting everything in writing was a bit of an adaption on my part as I had received a 'visit' from the DCA. Seems to have worked though, and I have even been able to plug my phone back in now!

 

However, depending on the DCAs chasing your friend, that might not be enough and he might need to send a stronger letter.

[KJD]

Sorry if this is a bit disjointed (time for bed!)

 

By sending out this letter, the account is put into dispute and the rules say that while it is in dispute the DCAs et al should not persue him. Which will give him / you time to take a deep a breath, get some really good knowledge here and plan your next xourse of action.

 

My reasoning behind doing this was not to try and get out of any monies I owe (although you don't tell them that!) but to find out exactly who is owed how much. My next plan will be to ask the creditors for full statements of the amounts which make up the debts and hopefully I might be able to bring the figures down a bit due to unfair charges. THEN I can sort out realistic and fair repayments.

 

Wekk, that's the plan anyway. So far, no one has bothered to send me any copies of my agreements....

 

Hope this helps - and please, if anyone thinks I've got this wrong, SHOUT!

[snail]

what if he send's them that letter & because of that they go straight for a CCJ, i mean if they think this guys just messing us about?

 

thanks

[KJD]

Well the correct answer to that is that they can't, as he will have put the account into dispute. But it has been known for DCAs to 'try it on' after receiving the CCA request.

 

Has he already had any letters from any Court (probably Northampton) or just DCA letters threatening? Sort out exactly what he has received so far and come back to us.

[snail]

Well the correct answer to that is that they can't, as he will have put the account into dispute. But it has been known for DCAs to 'try it on' after receiving the CCA request.

 

Has he already had any letters from any Court (probably Northampton) or just DCA letters threatening? Sort out exactly what he has received so far and come back to us.

 

His not received any court letters,

 

he has received from 2 different DCA's.

one which has only sent two letters & the other has sent 3-5 & is sounding more aggresive & threatninig.

[KJD]

Good. You have come along just at the right time then.

 

Send the letter above to the more aggressive one first. Don't forget the £1.00 and get some proof that it was posted. Rec Delivery is good cos you can track it on line and see exactly when it has been delivered.

 

He can send one to the other DCA as well now or wait till they hound him a bit more. It's a judgement call I guess because of getting a default on his credit file. (I already have them so am taking my time!)

 

Let us know what they send back to him. And if they continue to hassle him after you know they have received the requests, again, come back for some advice on what to send them.

 

Tell him he can relax a bit once he has sent the letter(s) - the onus is on them to produce before they can continue.

 

Hope this helps

[KJD]

Have a word and see if he minds you mentioning the companies involved on here? Nothing specific like amounts or anything, just the credit card company and the DCA chasing. People on here have had a lot of experience with most of them and might be able to provide some useful pointers to help.

[snail]

thanks, will post back soon