Direct Legal and Collections: advice for a newbie needed.

[Notwaving]

Hi this is my first post on these forums, I've scanned some of your threads (found you through Google) and looked at the FAQ, so apologies if I ask anything really obvious.

 

I have two debts with DLC (and believe me it's cheering to see so many of you taking them to task). I increased payments on one account last October, with the increase becoming active this February. I could afford it - new job - and would rather just pay the vultures and have them leave me alone. Today they telephoned and, at first, asked for the full amount. I told them this was impossible. They then said I had to increase the payments or they would take me to county court and get an attatchemnt of earnings. At the moment I pay an amount to them every month by Direct Debit. They this amount is now unacceptable. I have asked them to put their request in writing and then refused to speak to them any more on the grounds I was at work.

 

You all seem fairly clued up and I'm sick of being bullied by them. What rights do I have and what can SAY to them?

 

Thanks.

[Notwaving]

They said they would call back either this evening or tomorrow and the email I sent to Citizen's Advice has bounced back twice.

[PeteT]

First of all, do not be bullied by these guys - they have not got a clue what they are doing most of the time.

 

Firstly, CCA them for both debts. I think that will cost you £2 but worth it. Send one for each debt:

 

[your address]

Direct & Legal Collections

Buckingham Road

Brackley

NN13 7DN

RE: [ref numbers here]

Dear Sir / Madam,

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and deeds of assignment.

 

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

 

I understand a copy of mycredit agreement should be supplied within 12 working days.

 

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.

 

We look forward to hearing from you within the statutory timelimit.

Yours faithfully

 

[sign here]

 

 

Make sure you send it recordeded delivery and check it's been delivered then sit back and wait. Once 12 working days has passed, they are in default. At this point stop any payments you are making at this time as the account is in dispute. After a calendar from that date (up to 49 days from the original request depending on how your 12 working days and the length on the month lies) they are committing a criminal offence.

 

You will probably get a letter saying they will request the information from the original creditor - it's a standard letter. You may also get a letter complaining that your payments have stopped. If this happens, write back to them again reminding them the account is in dispute and you will not be discussing payment whilst the account remains in dispute.

 

I CCA'd and Section 10'd DLC in February and my credit file got cleared almost straight away and I've heard nothing since.

 

Also, you want to only ever converse with them by letter, never by phone. If the phone calls continue, there are a few letter you can send to stop them but come to that if it happens. They normally go VERY quiet once served a CCA request!

 

Come back here for updates, or info and let us know how you are getting on.

[Notwaving]

Thank you, thank you, thank you. Will do so. I have no problem with paying back the amount I am currently paying, I just don't want to increase the payments. (Although I earn what many would call a decent salary I have many other debts dating from a period of self-employment, including one to a more than patient ex-boyfriend which I would dearly love to clear before all others. I am worried that my salary may count against me somehow.)

[PeteT]

As they are ringing you at work, you might want to drop another letter in there stating you are relinquishing your permission to contact you by phone and you wish to only be contacted by letter.

 

If they continue after this they are in breach in several areas.

 

Search the forums and you'll find plenty of template letters to use for this too.

[rory32]

Hi Notwaving,

Have they sent you a statement of account. Do you have any charges on the accounts. If so you want to claim these back to reduce your debt.

While you obviously are committed to apying off the debts you want to ensure you only pay back what you legally owe (NOT necesarily the same as what the DCA say you owe).

[Varangian3]

Hello not

 

You have already had some good advice about dealing with these characters.

 

Do instruct them not to contact you again by phone - always the best thing to do. If they should keep doing this report them, but you also might like to read this recent thread on how you can deal with their calls. This was a very popular thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81445-competition-best-way-get.html

 

Varangian

[Vampyra]

Don't sign anything!

 

Write your name don't sign it can be cut and pasted to make false CA's if they so feel like.

[PeteT]

I never thought of thought!!!

 

However, I've scanned my signature and I insert that in all my docs but it's got a funny smudge in it. I couldn't be bothered to rescan another one so if it my signature ever turns up on a legal doc with a smudge in it......