• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Nicki vs Debt Managers Ltd (o/b Next)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Nicki vs Debt Managers Ltd (o/b Next)

    Hi there, I am not new to the site, been following the bank charges case and Ame has been helping me with another issue with Irwin Mitchell.

    Ok, where to start, I am on a Debt Management program with Payplan, mostly things have been ok but had a few snags, this being one of them. The plan started in July 2008, pretty much all our creditors where fine, Next in particular have been sending me statements for a long time, they were being paid between £15 and £20 per month depending on the overall payment, for over a year we have been paying payplan £340 but this is due to go upto £633 due to change in our circumstance. Next decided they weren't happy anymore and instructed Debt Managers Ltd to do the heavy work on me. I received a letter on 25th August 2009, I am sure I received one previously but me being extremely stupid cannot find it. I responded to that one again, I don't have the response but it was just advising them of my position, again I replied to this letter again confirming the situation and I requested a response from them. The letter was sent on the 3rd September 2009 dated the 1st and I never received a response from them. The letter sent on the 25th August (by the way from this letter I have scan copies of everything if you wish to see it) it was a "URGENT FINAL DEMAND" demanding settlement in full now or court action would be taken. I then received another letter from them dated 4th September 2009 "NOTICE OF LEGAL ACTION" stating my failure to respond has resulted in my account being passed to another department for court action, I had responded!! Now I will be honest I didn't respond to that, not sure why but life can get a bit busy dealing with all these things, not that that is good enough but full time working mum can get a bit way layed with other stuff too, I then received a letter dated 30th December from Russel Aitken Solicitors stating that Debt Managers Ltd had passed my details to them to consider Court action, I then receive another letter dated 6th January 2010, well not really a letter, strange correspondance, like just a slip to wrip open stating the following:

    "I confirm I will be calling between 5.30pm and 7.30pm to discuss the repayment fof your outstanding account due to the client shown above. If inconvenient please contact blah blah blah".

    Now I don't phone debt collectors or agencies, I dont like the way they work it always really stresses me out, I am 16 weeks pregnant and I find it hard to keep records of the calls. I don't like being harrassed and forced into making payments when they are already receiving payments, this is why I usually write. I dont like the thought of someone turning up on my door step with my 3 year old in the house either.

    Basically, want to write back to them AGAIN but would like some advice on what to write. They should also be receiving new financial statments and new payment offer from Payplan if not already received them, any assistance would be greatly received. Should I request a copy of the credit agreement as I know I don't have that either?

    Thanks in advance and sorry its a long one.

    NJ x

  • #2
    Re: Nicki vs Debt Managers Ltd (o/b Next)

    You really need to read through this thread and it will help dealing with DCA's: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

    Comment


    • #3
      Re: Nicki vs Debt Managers Ltd (o/b Next)

      Hi there

      Thank you for forwarding me to the link, I am part way through reading it but with all queries it has flagged up some questions I hope you don't mind me asking.

      I did try to get advice before sending my letter, not sure whether it was clever but I acknowledged the debt to Next but not to them, not sure if that makes a difference or not. It basically covered the other stuff about harrassment and I sent it in the hope it would get them to back off, this is what I am paying already, now go away. I also asked them to confirm they had received my letter but they didn't so do I just move onto writing to them asking for the CCA? Part of me feels a bit of a fraud denying all knowledge of the debt, obviously I know about the debt and am willing to pay it back but is this course of action an attempt for the DCA to send it back to the OC?

      Can I also ask, with my debt management plan with Payplan, should I continue paying Next Directory or change the creditors name to Debt Managers Ltd, I have to admit this is something that Payplan seem to encourage and not having all the information at hand, I did say to transfer it, but it has not long happened so could ask to have it changed back if that is where it should be?

      Many thanks

      NJ

      Comment


      • #4
        Re: Nicki vs Debt Managers Ltd (o/b Next)

        Oh sorry also forgot, I as part of the whole working on your finances thing and bank charges claim, moved bank accounts to basic bank account so I do not have a cheque book and my bank won't do postal orders without charging so how do I send the £1?

        Thanks

        NJ

        Comment


        • #5
          Re: Nicki vs Debt Managers Ltd (o/b Next)

          Just go to the Post Office.

          Comment


          • #6
            Re: Nicki vs Debt Managers Ltd (o/b Next)

            Thanks for the advice of going to the post office, still not really sure what you mean, I can only presume they do free postal orders? Never done it before.

            Any response on my post before that though?

            I have received another letter today from Call Serve on behalf of Debt Managers Ltd saying the following:

            "We have been instructed by our client to recover the above overdue debt.

            We DEMAND that the sum stated be sent direct to this office IMMEDIATELY using the payment slip below.

            Your failure to comply could result in a DEBT COLLECTOR calling upon you for payment or a COUNTY COURT JUDGMENT being registered against you."

            They can't even spell judgement correctly, or have I got it wrong?

            Please can someone come back to me just to advise what I should do now?

            Thanks

            Nicki

            Comment


            • #7
              Re: Nicki vs Debt Managers Ltd (o/b Next)

              Post office do postal orders for a small charge. You seem very stressed and perhaps the way the language is constructed and used in the letter from DM is designed to induce stress and put you in a state of unease . I have had issues with DCA's and have followed Curly Ben's advice and I can not reccommend this advice highly enough. It is not a one-sided game.

              Comment


              • #8
                Re: Nicki vs Debt Managers Ltd (o/b Next)

                I am a little stressed cos it just seems to go on and on and I am getting a bit tired of all this battle of wills, I am expecting a baby in June, like anyone else just want a quiet life and feel I have tried to do the right thing by going through a debt managment plan.

                I am finding the advice a little frustrating too as I am not the cleverest stick and am trying to understand what I am reading, finally managed to finish reading Curly bens post and it makes sense but still leaves me with questions regarding my specific circumstance, i.e I have been and am still paying this debt through Payplan, the owner has even been changed from Next to debt managers ltd and I asked for advice on that and didn't get a reply, its just not what I have experienced on here before, my previous post I have received overwhelming support and advice, I don't expect anyone to do anything for me but being pointed in the right direction really helps.

                My concern is sending out the CCA request whilst I am still making payments, if I stop it will look bad with the Payplan, I am even happy to pay it I just don't like being asked to pay the whole thing when quite clearly I can't, or have threats of some thug turning up on my door step, that really stresses me out that thought. I don't want to sound ungrateful because I really am not, just seeking help but not quite getting there if that makes sense.

                If its believed that even in my cirmcumstance that I should still send the CCA request then cool beans I will no probs and look into getting the PO from the post office as you kindly advised, just would like that added reassurance its the right step to take.

                Thanks

                NJ

                Comment


                • #9
                  Re: Nicki vs Debt Managers Ltd (o/b Next)

                  DCA acting for another DCA, file it under I as they CANNOT take any of the action they are stating.

                  Comment


                  • #10
                    Re: Nicki vs Debt Managers Ltd (o/b Next)

                    Ok Curlyben, thanks.

                    So no bother with replying, sorry said I was thick, presuming I is for Ignore?

                    Ta

                    NJ x

                    Comment


                    • #11
                      Re: Nicki vs Debt Managers Ltd (o/b Next)

                      Yep I is ignore or la la la I'm not listening

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X