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Debt collection agaency...WTF?!!

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  • Debt collection agaency...WTF?!!

    Ok...so I'm already going to go to the Financial Ombudsman regarding the ridiculously high charges related to damages on the car I VT'ed in April. But I got a letter today from a debt collection agency saying that because the agreement had now been terminated, they had been instructed to come after me for the full amount!!! (Absolutely nothing to do with the damages, all to do with the remaining amount of credit).

    There had been a negative mark placed on my credit score before...but that seems to no longer be there. The account is closed and that seems to have removed it. For now at least.

    I was in the process of writing to Startline, to inform them that they could stick their reduced offer (£1313.00 down to £1080.00) to pay damages up where the sun definitely don't shine when I got this letter. I may or may not have said something along the lines of an imbecile negating to inform another imbecile that it was VT and that they had already had the vehicle back and therefore no money due...it's still on my desktop though

    So anyway....what do?! I don't want to speak to them on the phone as I want it all in writing. Plus I may swear a lot...

    Any ideas where I stand legally with these tw*t biscuits? Thanks in advance
    Tags: None

  • #2
    Re: Debt collection agaency...WTF?!!

    you could try writing to them saying the 'debt' is in dispute with the original creditor and as such their involvement is premature and will be seen as harassment if they continue ?? And also complain to Startline about them passing it on after you've legally VT'd the car?

    There is no legal requirement for you to speak to them on the phone (we usually suggest that you keep everything in writing any way)
    [MENTION=71570]R0b[/MENTION] [MENTION=98117]warwick65[/MENTION] ... anything to add/correct me on lol??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Debt collection agaency...WTF?!!

      Thanks [MENTION=49370]Kati[/MENTION], I figured I'd likely need to write to the debt collection agency and say something to them....I'm so freaking mad!!

      Comment


      • #4
        Re: Debt collection agaency...WTF?!!

        Originally posted by Willow2811 View Post
        Thanks @Kati, I figured I'd likely need to write to the debt collection agency and say something to them....I'm so freaking mad!!
        I guessed I liked the tw@t biscuit comment lol xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Debt collection agaency...WTF?!!

          Originally posted by Kati View Post
          I guessed I liked the tw@t biscuit comment lol xx
          I have many of those!!

          Comment


          • #6
            Re: Debt collection agaency...WTF?!!

            Sorry I'm a bit confused here, are they claiming the rest of the total amount payable under the agreement as damages? and is that in addition to damages that they are trying to recover from you due to your VT? Or are you saying all of the damages relates to the remaining total amount payable?
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Re: Debt collection agaency...WTF?!!

              Originally posted by R0b View Post
              Sorry I'm a bit confused here, are they claiming the rest of the total amount payable under the agreement as damages? and is that in addition to damages that they are trying to recover from you due to your VT? Or are you saying all of the damages relates to the remaining total amount payable?
              They claimed damages of £1313 originally; reduced them to £1080. I'm about to tell them to stick that and go to the Ombudsman. That's all related to the VT.

              I got a letter from a debt collection agency today stating that the "agreement has now been terminated" and they've now been instructed to collect the full balance from me...which on the letter shows as £1239.38. Which sounds about right for what would be left of the remaining amount payable.

              Hope that makes more sense

              Comment


              • #8
                Re: Debt collection agaency...WTF?!!

                I would suggest you write a formal complaint to Startline outlining the issues, you might also want to CC the debt collection agency too. You can't go straight to the Ombudsman as you need to allow up to 8 weeks for them to investigate and come to a decision before you proceed to the Ombudsman.

                If the debt does indeed relate to the other half of the total amount payable then that would no doubt constitute harassment (provided its at least two or more occasions) and also perhaps aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2013. As an alternative you could put them on notice that they need to withdraw the debt collection agency from pursuing you and to confirm in writing that no further action will be taken - if they persist and ignore you, then you can state that you reserve the right to commence legal proceedings without further notice for harassment (harassment is optional if you want).

                For records and evidence purposes, you should keep all letters sent by Startline / the debt collection agency and make a note of the time of calls (if any) as that will build up a picture of how often they are contacting you. If you must speak to them on the phone, I would suggest using a call recording app on your phone to and keep as evidence, perhaps of their aggressive nature or what they say about the debt.

                So there;s two routes here, Ombudsman or legal proceedings.
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                Comment


                • #9
                  Re: Debt collection agaency...WTF?!!

                  Am I right in thinking then that I can only go to the Ombudsman in relation to the damages charges issue? As they've given me their decision (along with a leaflet re the Ombudsman!), a doc to sign if I agree with the reduction in amount to pay or just to let them know within 14 days if I plan to escalate it.

                  Regarding the letter from the Debt Collection Agency - it's the only one I've had from them. I've had many phone calls from Startline, most of which I've ignored as I want everything in writing. I have always corresponded in writing to them. They try and call from several different numbers, some identified and some not...

                  In the letter regarding the Ombudsman for the charges, would I then say about putting them on notice regarding the debt collection agaency? And I'm guessing that doesn't stop them from pursuing me themselves?

                  Comment


                  • #10
                    Re: Debt collection agaency...WTF?!!

                    Well if they have given you their final decision then yes you can go to the Ombudsman - I would bee seeking compensation for distress and inconvenience if the charges relate to the other 50% of the total amount payable as they have no right to chase you for that.

                    It might be helpful to post up their final decision letter with your personal info redacted so I can see what exactly they have said.

                    There is no harm in putting them on notice about harassment as well as complaining to the Ombudsman, or you can take it straight to court if you want to.
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #11
                      Re: Debt collection agaency...WTF?!!

                      Originally posted by R0b View Post
                      Well if they have given you their final decision then yes you can go to the Ombudsman - I would bee seeking compensation for distress and inconvenience if the charges relate to the other 50% of the total amount payable as they have no right to chase you for that.

                      It might be helpful to post up their final decision letter with your personal info redacted so I can see what exactly they have said.

                      There is no harm in putting them on notice about harassment as well as complaining to the Ombudsman, or you can take it straight to court if you want to.
                      [MENTION=49370]Kati[/MENTION] how do I do that?! Will sort that once home from work, once she imparts her great knowledge & wisdom on this grasshopper.

                      Comment


                      • #12
                        Re: Debt collection agaency...WTF?!!

                        If you send an email to kati@legalbeagles.info she can upload it for you
                        Last edited by Kati; 27th June 2017, 08:48:AM.
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment


                        • #13
                          Re: Debt collection agaency...WTF?!!

                          Fantastic, thank you

                          Comment


                          • #14
                            Re: Debt collection agaency...WTF?!!

                            Originally posted by Willow2811 View Post
                            @Kati how do I do that?! Will sort that once home from work, once she imparts her great knowledge & wisdom on this grasshopper.
                            Originally posted by R0b View Post
                            If you send an email to kati@legalbeagles.info she can upload it for you
                            ^^^ what he said xx
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Re: Debt collection agaency...WTF?!!

                              Originally posted by Kati View Post
                              ^^^ what he said xx
                              Thank you Yoda....but do I need to redact it first or do I just leave that to you?!

                              Comment

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