Collection agencies threatening my family

[chno9]

Hi

 

I have some debts that i have had for a number of years, and have not heard anything from for a long time. I currently live in Leeds and am on the electoral roll at this address.

 

My mother called me today, and said that over the past week or two she has been getting lots of letters, and phone calls from companies that are trying collect debts from me.

 

I have no current connection to the address, and despite my mother speaking to the phone calls and informing i am not at the address, and sending letters back. they are still sending/calling.

 

I would like to stop this harrasment of my mother, but am unsure how to go about it. If i CCA them, then they will assume that i am at the address, and will continue to harrass, but at the same time if i give them my new address they may take this as an admission of the debt being owed.

 

What advice can anyone give me.

 

They are in effect harrassing my family, despite there being no actual record of me being at this address for around 4 years.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

Also, after sending the CCA, send them an harressent letter.

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html post#7 has a good one.

 

 

I hope this clarifies some things.

[ThisVeryMoment]

What 'threats'have they made against your family? Get the police involved, that is serious stuff.

 

I think you owe it to your mother to give a new address or else they will continue to write there. I think they can keep writing there as it is your last known address?

 

Whats the relevence of asking for a copy agreement? I dont think he is disputing the debt.

[babybear39]

Unless a true copy of a properly executed CCA is produced, anyone could ask for money for an alledged debt...

 

The right to collect any alledged monies and process your personal data has to be established.

 

No CCA = non enforcable alledged debt = complete defence.

 

I am in no way condoning debt avoidance, but these companies need to prove they have legal right to collect/process data, otherwise you could find yourself paying them, and then another DCA chasing you for the same alledged debt at a later date.

[chno9]

The address they are sending all this mail to, and making calls to is an address that i haven't lived in for about five years. I have since lived in several addresses, and am registered on the electoral roll at my current address in a seperate part of the country.

 

Surely these people should be able to find me using this information?

 

If i CCA them as some have suggested will this be an admission on my part that i owe them money? The debts are very old ones, and was only recently that i realised i owed them this. I got a copy of my credit report, and found out that there was money owing from years ago (almost 6years)

 

Is there a letter that i can send that does not mention the debt, but warns them off this harrasment that they are subjecting my mother too?

 

They have been threatening my mother with a bailiff call, and have told my mother that they know for a fact that i am contactable at this address. This simply isn't the case, i have nothing registered at this address.

[babybear39]

If you haven't acknowledged or paid anything off these alledged debts they for almost 6 years, they're close to becoming statute barred, which is why they're becoming heavy handed.

 

Requesting a CCA from your current address is NOT acknowledging the debt. Use this template:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We 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.

 

Yours faithfully

Mr A N Other

 

Also enclose this letter, altering it to your needs regarding harrassing your mum:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

Send everything recorded (special if you can afford it) delivery, enclosing your £1 postal order for the statutory fee for the CCA. Ask them in the CCA request letter for a statement of account (this is FOC) and whether or not they own the alleged debt or are acting for the original creditor.

 

All this will in NO way affect your position, and should get them off your mum's back.

 

Good luck and best wishes,

 

BB

[chno9]

Thanks for the advice, that is what i will do!!

 

I will keep people updated, so the companies i am dealing with find it harder and harder to use scare tactics in the future.

[diskmandave]

You might also have a read of this.....

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Good luck, Dave.