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advice needed,on so many debt collectors after me


michsienna
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ive been so foolish by ignoring my debts,after reading your website ive realised i need to sort them out once and for all

it all started by taking out a loan with HSBC,when i stoped paying them,i was contacted by a debt collecting agency called METROPOLITAN COLLECTION SERVICES, i owe them £1605, but its been nearly a year now since i last heared from them.

I also had a credit card with what use to be called diamond which is now called CITI FINANCIAL, they passed my debt on to "DLC" direct legal & collections, the debt is for £1525, the last letter i can find from them was dated march 2006,they claim to of been instructing there solicitors to issue legal proceedings against me

Another credit card i use to have was from CAPITAL ONE the debt is for £363 and debt collectors for this one are called LOWELL.FINANCIAL LTD, the letter tells me that LOWELL PORFOLIO I LDT now own the debt but the other lowell are collecting it.

i also use to have a BARCLAY credit card,i owe them just over £400,but ive not heard from them in a long while,so im unsure whats going on with that one.

im in debt with a few catolog companys too, the first one is LITTLEWOODS, i opened my account with them online,they sent me a agreement to sign and send back i never did this,but yet they kept my account open and every 3 months put my credit limit up. in the end the repayments got to much,and i stupidly stoped paying them , i have now been recieving letters from "NDR" NATIONWIDE DEBT RECOVERY LDT, the debt is for £1165,i started paying them what i could,but some thing i noticed on a statement they have sent me,(ndr statement not littlewoods) is im getting charged extra care advantage £23 a month, i have no idea what that is. the last letter i have recieved from them says that they are about to register the default on this account with a credit reference agency.

the next catolog is VERBAUDET,im unsure if i signed a agreement with them, the debt is for £1925 i have 3 different debt collectors who have contacted me about this one,the first was DROYDS DEBT & COLLECTION SERVICES, then at the begining of this month i had a letter from RUSSEL+AITKEN SOLICITORS DEBT RECOVERY they go on to say they have instructions to proceed with immediate court action. then a few days later i recieve a letter from CALL SERVE LTD who say they have been instructed to recover all money owed,

the next catolog is called ACE CARDS AND GIFTS ,i owe these £1621, there appears to be 2 different debt collectors for this one the first are called BUCHANAN CLARK + WELLS,who wrote to me in january saying they are sending some one around to my house, the next one is ROBINSON,WAY & COMPANY LDT DEBT COLLECTORS, who i recieved a letter from this month,they also claim to be sending some one to my home

Also a long time ago i joined a book club online,again i never signed no agreement with them,they have sent me a letter from a company called COMPUTERISED DEBT COLLECTION AGENCY LTD,saying i owe them £110,i bought so many books from this club ,i have no idea why they have got debt collectors on to me.

i do have another credit card with VANQUIS ,which iv gone over my limit,and i also have a loan out with PROVERDENT PERSONAL FINANCE,they call at my door every week for there repayments

As you can see ive been quite foolish by ignoring all these debts,while writing this i dident realise until now just how much i owe and how stupid ive been,im so upset,im a single mother to 3 very young children,i just dont know what im going to do,if any one out there can help me i would be very greatful:cry: :( :(

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lol ani thought i was bad !

 

only kidding right you need to get your credit report and see what stage these debts are at default stage etc.

You can get your report for 2 pound dont bother with the online ones for a tenner or more theyre not that good.

 

As for your debts personallly (am no expert and otheres know far more than me !)

i wouldnt worry about the HSBC one as they aint been in touch nor has the DCA (metropolitan collection services) what will have happened is they will have passed the debt back to HSBC who will sooner or later pass the debt onto another DCA when they do CCA them.

 

As for your credit card debts are the majority of this debt from charges or penalties ?

If so or if you arent sure you can send a SAR request to the original creditor - Barclays/Capital One/Citifinancial

 

Then when you have your statements from them proceed as the guide says prelim/lba/court etc.

 

Whilst this is going on send a account is in dispute letter to each of the DCAs who have bought the debts from each of them.this will basically say look i am investigating each of these accounts as am aware of the unfair charges they have charged me so hang on...

 

Basically this advice is to be repeated for all of the debts,

i wouldnt worry about letters from dcas until a court letter comes !

I would CCA request them all and take it from there.

If they cannot provide a true copy of agreement dont have a leg to stand on.

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The word bankruptcy is coming to mind as a solution, depending on the level of your income and whether or not you can at all realistically pay that lot back in less than six years or so, and whether you have any assets.

 

I'd always recommend CCCS, they are and excellent stop for advice that considers your situation.

 

(Though the Littlewoods one doesn't seem enforceable if that's any help.)

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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yeah and i would add not to worry too much i know its really scary when you get these letters from DCAS but if you just search under each DCA in the debt forum there will be dozens of people onthis fantastic site who have took on and been in similar situations

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ive been so foolish by ignoring my debts,after reading your website ive realised i need to sort them out once and for all

it all started by taking out a loan with HSBC,when i stoped paying them,i was contacted by a debt collecting agency called METROPOLITAN COLLECTION SERVICES, i owe them £1605, but its been nearly a year now since i last heared from them.

 

If they are not chasing you, do not worry about them for the moment.... concentrate on the ones who are chasing you for payments or threatening to visit.

 

I also had a credit card with what use to be called diamond which is now called CITI FINANCIAL, they passed my debt on to "DLC" direct legal & collections, the debt is for £1525, the last letter i can find from them was dated march 2006,they claim to of been instructing there solicitors to issue legal proceedings against me

 

Again... put these to one side if you haven't heard from them in 12 months.

 

Another credit card i use to have was from CAPITAL ONE the debt is for £363 and debt collectors for this one are called LOWELL.FINANCIAL LTD, the letter tells me that LOWELL PORFOLIO I LDT now own the debt but the other lowell are collecting it.

 

If these are chasing you, send a CCA request to both of the Lowell's by clicking on the link below. Letter N is the one you need.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Send it by rec. delivery and keep the reciept.

 

i also use to have a BARCLAY credit card,i owe them just over £400,but ive not heard from them in a long while,so im unsure whats going on with that one.

 

Leave this for now as well. You can send a SAR to Barclays to re-claim unlawful charges on the account once you have dealt with the companies who are pressurising you the most.

 

im in debt with a few catolog companys too, the first one is LITTLEWOODS, i opened my account with them online,they sent me a agreement to sign and send back i never did this,but yet they kept my account open and every 3 months put my credit limit up. in the end the repayments got to much,and i stupidly stoped paying them , i have now been recieving letters from "NDR" NATIONWIDE DEBT RECOVERY LDT, the debt is for £1165,i started paying them what i could,but some thing i noticed on a statement they have sent me,(ndr statement not littlewoods) is im getting charged extra care advantage £23 a month, i have no idea what that is. the last letter i have recieved from them says that they are about to register the default on this account with a credit reference agency.

 

Send a CCA request to NDR as well.... rec. delivery... keep the receipt.

 

the next catolog is VERBAUDET,im unsure if i signed a agreement with them, the debt is for £1925 i have 3 different debt collectors who have contacted me about this one,the first was DROYDS DEBT & COLLECTION SERVICES, then at the begining of this month i had a letter from RUSSEL+AITKEN SOLICITORS DEBT RECOVERY they go on to say they have instructions to proceed with immediate court action. then a few days later i recieve a letter from CALL SERVE LTD who say they have been instructed to recover all money owed,

 

Not sure what is going on here.... but CCA anyone who has threatened court action on this one.... rec. dellivery... keep the receipt.

 

the next catolog is called ACE CARDS AND GIFTS ,i owe these £1621, there appears to be 2 different debt collectors for this one the first are called BUCHANAN CLARK + WELLS,who wrote to me in january saying they are sending some one around to my house, the next one is ROBINSON,WAY & COMPANY LDT DEBT COLLECTORS, who i recieved a letter from this month,they also claim to be sending some one to my home

 

CCA to both companies.... as above.

 

Also a long time ago i joined a book club online,again i never signed no agreement with them,they have sent me a letter from a company called COMPUTERISED DEBT COLLECTION AGENCY LTD,saying i owe them £110,i bought so many books from this club ,i have no idea why they have got debt collectors on to me.

 

CCA.... as above.

 

i do have another credit card with VANQUIS ,which iv gone over my limit,

 

You can send a SAR to Vanquis to re-claim any unlawful charges, but if they are not chasing you right now.... you may want to focus on those companies giving you the most grief for now.

 

and i also have a loan out with PROVERDENT PERSONAL FINANCE,they call at my door every week for there repayments

 

Is this something you agreed to... calling round to collect payments ?

 

As you can see ive been quite foolish by ignoring all these debts,while writing this i dident realise until now just how much i owe and how stupid ive been,im so upset,im a single mother to 3 very young children,i just dont know what im going to do,if any one out there can help me i would be very greatful:cry: :( :(

 

 

A CCA request is a request for your Consumer Credit Agreement under The Consumer Credit Act, 1974. A creditor or debt collector has 12 working days from receipt of your request to supply you with this documentation. If they do not... they will be in default of a legal request and unable to enforce payment from you unless they can find and produce this document in court. A lot of debt collectors do not have it, which is why the request is so important. Once you have made the request, it protects you from having a County Court Judgement lodged against you because non-compliance of a CCA request is a complete defence to any court claim that is issued against you.

 

There is also a letter which you can send rec.delivery to any company threatening to pay you a visit :

 

Dear Sir/Madam,

 

Ref xxxxxxxx

 

Please be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

I look forward to a speedy reply from yourselves and the prospect of a letter informing me that you have made a mistake, that all letters alleging that I owe such a debt will immediately cease and that the matter will be fully closed.

 

 

:) .... Rec. delivery... keep the receipt.... and don't 'phone anyone. Keep everything in writing.

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ive been so foolish by ignoring my debts,after reading your website ive realised i need to sort them out once and for all

 

As you can see ive been quite foolish by ignoring all these debts,while writing this i dident realise until now just how much i owe and how stupid ive been,im so upset,im a single mother to 3 very young children,i just dont know what im going to do,if any one out there can help me i would be very greatful:cry: :( :(

 

Hi Mich, don't panic too much you are amongst friends here :) . There is probably lots you can do re your debts, send CCA's and SAR's etc, but I really think the best thing you can do in your present situation is contact CCCS CCCS - Contact Us I'm assuming you're not really in a position to be able to do what these companies would require re repayments- or the levels of. The CCCS are a free independant advice centre and they will help you all the way. If you believe that there is no Original Agreement with these catalogues, the by all means send a CCA. Equally if you know there are unlawful charges to reclaim then that can be done also. But please, for your own peace of mind contact the CCCS and see how they can help first...Keep us updated of how things are going...

Just hate every DCA out there

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ah its not that bad

firstly there are no court orders etc.

quite a few are prob 'forgotten' for the moment too by the looks of things.

 

next thing to know is DCA HAVE NO POWERS - treat them like human telephone chasers.

i doubt very very much any will come to your door & even if they do, tell them to go away! they are NOT bailliffs and have NO POWERS!

 

as for bankruptcy forget it, these are non secured debts,

 

if you really want to do anything then as advised, pop off a few sar's to the original Co.s you had the acounts with. [or cca the dca if they have brought the debts outright]

write to all the DCA's again as advised....A/C is now in dispute' etc

that should get them all off your back.

next is to p'haps make a monthly token payment to each {£10?] this will go well in your favour if any ever get to court, but only do this to the original Co. NOT a DCA.

just one thing to remember, STICK to your payment offer, even if £5 PCM.

or they send letters wanting more, ibnore and keep going, drip by drip.

 

now there might be some rope it waiting till you have confirmed A/C status of each debt, as even if 12mths away, some could be gettin tgo 6yrs old since last transaction [money wise or purchase wise]

 

let us know

 

we are all here to help.

 

above everything .... don't worry.

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would agree with what gingerheid and pmhcfc have said. Contact CCCS for advice. They really are very good and will take time to go through things with you and help you sort things out. Alternatively CAB offer a similar service which is just as good. These organisations will draw up a plan whereby you are not forced to pay more than you can afford.

 

The one piece of advice I would give and can't give strongly enough is to pay off what you owe Provident and then steer well clear of them. I have been exactly where you are and still trying to claw my way out of it now, I also turned to Provident in sheer desperation. That hole only gets deeper and deeper! you take a small loan out and it costs so much in repayments you can't afford to pay anything else....and top-up loans are far too easy to get.

 

I totally sympathise with you and know too well how desperate your situation seems at the moment. Don't despair, there is hope. Get some advice about your debts, have a good look around the forums to learn what you can do about unenforceable debts etc, ask questions if you need to....someone will always answer them on here.

 

Most of all just remember never to let anyone pressure into paying more than you can afford. And you wont ever be locked up because you've got yourself into debt!..

 

Good luck with your situation...it will get better!!

 

Take care

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If you mention to provident that you can't afford to repay them, then the reality is that they will very probably very quickly threaten to do you for fraud.

 

Unless you do happen to be guilty of fraud this isn't a worry; tell them they're welcome to try. The "Inability to repay Provident (Classification of aforesaid as Fraud) Act 1978 is more imaginery than they'd like it to be.

 

And then never touch them with a bargepole ever again. There isn't a problem in the world that they are the solution to. Except maybe a shortage of combustable material for an incinerator.

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Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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.

 

And then never touch them with a bargepole ever again. There isn't a problem in the world that they are the solution to. Except maybe a shortage of combustable material for an incinerator.

 

Or a shortage of toilet roll :-|

Just hate every DCA out there

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If you mention to provident that you can't afford to repay them, then the reality is that they will very probably very quickly threaten to do you for fraud.

 

What - has this actually happened to someone?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Michsienna,

 

Just to show you that there is light at the end of the tunnel, I too had problems with Robinson Way and NDR. I CCA'd both of these companies and neither had the correct documentation to be pursuing me for money. The result is I have it in writing from Robinson Way that they will remove my default and Littlewoods (NDR were acting for them) have written to me to tell me they will not be pursuing me anymore for a debt of just over £1500. So as you can see, your problems are solvable.

 

People on here give great advice. Follow it and come back to them if you need more help, but most of all STOP WORRYING! As PriorityOne says deal with the ones who are giving you most grief first, then sort the rest out. You will get there in the end.

 

Good luck, Ajjars.

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yeah i had threats from lowells, scott robinson and way, all of them after big money they reckoned i owed from credit cards and i ccaed them then the tune changed dramatically and have got my credit card cleared honestly you just need to get started ike the others have said prioritise them, send everything recorded keep copies of everything you send and you will be fine

if you need any advice of addresses wording of letters etc jus tpost up and sopmeone will point you in the right direction.

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thank you every one for giving me your advice,you have put such a smile on my face,its so wonderful to know that there are genuine,kind people out there wanting to help others,

ive been reading with much interest, i couldent get the letter templates to come up on my screen,my pc kept saying errors, also sorry to be demanding.... but is there a full cca i could paste and copy,becouse i dont know the full act word for word, and i will make a start and send my debt collectors this letter, along with the letter that priorityone whote out for me,for the debt collector who supose to be visiting my house. thank you all so much again this means so much to me xxxx

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Here is the CCA letter :

 

Your address

 

Date

 

 

Their address

 

Dear Sir/Madam

 

Re:− Account/Reference xxxxxxx

 

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act 1974, 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.

 

I look forward to hearing from you.

 

Yours faithfully

 

:)

 

Pleased remember that each request must be sent by rec. delivery and make sure that you know which rec. delivery receipt corresponds with which request !! These receipts are your only proof that requests have been made... on particular dates.

 

Please let us know how you get on.... and good luck !!

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Mich

 

I am thinking of you and sending you supportive cyber hugs x I'm in a very similar situation to you and I do know how you feel. There is so much support and help on here though, you will be OK. I've subscribed to your thread and will follow your progress.

 

Best wishes

Love Spiritgirl ;)

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Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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and the words

 

"the enclosed payment is not to be used to reduce any alleged outstanding balance"

 

dx100uk:)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hello everyone,thank you all so much for all your kind support.

some thing i dident mention was i contacted one of them "claim back your unfair bank charges companys" (they do all the work for you) becos i had all my old bank statemants from HSBC,and noticed i had payed alot out to them in overdraft fees etc.

i did this before i had first been on this website,(about 2 weeks ago)becouse i wasent sure on how to go about doing it,so i thought i would try out my luck.

it wasent till after i had signed the contract giving this company permission to act on my behalf,i realised that this money (which this company worked out to be £1300 including interest) might be used to pay off my out standing debt i have with HSBC. arrrrrrr!!! i thought,then i will end up oweing this company money,they take 25%. But today i have recieved a letter in the post, from a company called NCO, which reads,"we have been instructed by our client FV-1 to recover the outstanding balance of £1589 previously owed to HSBC" so i phoned them and asked if the debt had been sold on, a man told me yes FV-1 now own it.he was trying to get a agreed payment of me,i told him that wouldent be possiable becouse im in dispute with the bank,he was rather rude and hung up on me.

does any one no what might happen now,i would love to get my money of the bank, but will it be used to pay of that debt????

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well u can end the agreement with the 3rd party with a simple letter,

you will probably have to pay hsbc the money back even if u get your charges back but thats one less debt to worry about aint it.

that dca -fv1 or nco whoever are just vexed as like fellow members say r just telephone chasers !

first step HSBC SARhttp://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

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yep

end that reclaiming Co. contract. then do it yourself

Have you still got all the HSBC statements?

if so use vamps std spreadsheet to do the schedule of charges

then send it off to HSBC with a pre-lim letter

include in the letter to HSBC the line:

"i have many other debts & as this is my money unlawfully taken by you, please pay me by cheque, as i wish to evenly distribute it around all my debtors."

IT'S YOUR MONEY!

you choose what to do with it, not them!

if they will not play ball, or pay a 'settlement' figure direct into the defaulted A/C

write them immediately, stating you do not want this etc

 

anyhow a bit far down the road that bit

 

keep us informed

 

 

dx100uk:)

when you get to the stage of sending off your pre-lim letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well u can end the agreement with the 3rd party with a simple letter,

you will probably have to pay hsbc the money back even if u get your charges back but thats one less debt to worry about aint it.

that dca -fv1 or nco whoever are just vexed as like fellow members say r just telephone chasers !

first step HSBC SARhttp://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

 

If OP still has all the bank statements, there should be no need to spend £10 on a SAR. My friend has recently put in a claim without having to go down this route.... :)

 

The spreadsheet is submitted with a prelim. letter giving the bank 14 days. A Letter before Action goes off after that....

 

If there are no statements however... or not all of them are available, then a SAR is the best option.

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hello everyone, today i sent off the cca letter to some of my debt collectors,

BUCHANAN CLARK + WELLS (ACE CARDS AND GIFTS)

NDR (LITTLEWOODS)

LOWELL FINANCIAL (CAPITAL ONE)

RUSSEL + AITKEN (VERTBAUDET)

Ive also sent a letter explaining they cant come knocking at my door unless they have a apointment,and im only prepared to communicate with them in writing.

i put a £1 postal order in each and sent them all recored delievery.

tomorrow i will post letters out to the other two........

it feels so good to be taking charge of all this now. thank you again to all who have been helping me xxxx:)

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Aren't catalogue companies notorious for not having any agreement at all?

 

(Littlewoods, Ace, Vertbaudet.)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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