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Debt collectors bombarding me with calls/letters. Any help/advice please?

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  • Debt collectors bombarding me with calls/letters. Any help/advice please?

    Hi,
    I could really do with some help and advice on my present situation. I apologize in advance for the long post.
    I have read many, many posts on here and have seen you all give fantastic help and advice. I hope you will be kind enough to do the same for me.

    The background to my situation, beginning around 10 years ago is - Abusive ex, both physically and mentally.Consequently, the abuse has left me with on going mental health problems including nervous depression.I also became dependant on alcohol,although I have not touched a drop for nearly 3 years and would like to keep it that way. To top it all, I was left with all the debts, ALL in my name.

    Anyway,I moved closer to my parents,found myself job and began to put my life back together. Then about two years ago, I applied for my credit report. It was the worst thing I could have done. Since then, I have been bombarded by various debt collection agency's, with threatening letters demanding 'immediate payment' and countless threats of one kind or another and constant phone calls from morning to late evening (which I don't answer now). I have buried my head in the sand and have never acknowledged any of these debts, but It is begining to make me ill again.

    I shredded all the letters as I kept re reading them and getting in a state. The ones I have kept are for two debts to NatWest. They are as follows-

    Dec 2011, two letters from NatWest telling me they have sold a debt of £2245.46 and a debt of £1605.23 to Capquest. Two letters from Capquest (same date on all letters) confirming both Debts purchased from NatWest.

    Jan 2012, two letters from Capquest regarding both of the above debts, both saying 'debt had been purchased from NatWest, account being processed for legal action but account has been 'pre-selected for a one time solution to settle account' They will pay an amount equal to 30% of my payment'. Although I am lucky enough to have a job, I did not and do not have, the money to pay them, so I didn't reply.

    July 2012, letter from bpo collections 'Formal Notice-Do Not Ignore' (bold red writing). Our client (Capquest), has instucted us to recover oustanding amount of £1605.23. To avoid Legal Proceedings (bold lettering)we require immediate repayment...no later than 01 August 2012 (bold)...Failure will leave no alternative but to recommend Legal Action or a Home Visit (bold again)...action may seriously affect ability to obtain credit in future (bold). I would never consider credit ever again!

    Sep2012, letter from ccscollect 'Legal department', Re: Capquest Debt Recovery Ltd Ammount £2245.46,saying ' account has been selected for action by thier legal partners HL Solicitors by 22/9/12 and legal action may be commenced in County Court...additional claims for legal costs and interest on amount outstanding.

    On Thursday 01 Nov 12, I received a letter from Credit Security Limited, 'DEBT ENFORCEMENT OFFICE' (in red) re:Commercial Collection Services-Capquest/National Westminster Bank saying, 'we have been instructed by our Client to recover the above outstanding debt £2245.46.Unless valid reason...settlement required within seven days.

    I panicked!!!! Went on Noddle and read my credit report again (they all have my address and phone number now anyway) I went into a decline...There are 5 debts, about £8000 in total!!! The default dates are between January and November 2007 for them all.

    I am terrified that I will now have people knocking on my door for money, that I do not have, to give them. I will end up in court, or worse-pick up a flippin drink!

    Thank you for reading this long post. I would be very,very grateful for any help, advice or guidance as to what you may suggest is the best way forward for my situation.

    Many thanks. T&W
    Tags: None

  • #2
    Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

    Judging by the way this has been passed around so many DCAs its highly unlikely that they have an enforceable agreement. They have threatend lots but done nothing except sent out a load of computer generated threatograms using different headed notepaper

    Comment


    • #3
      Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

      Hi T&W,

      Firstly welcome to Legal Beagles. Secondly you deserve huge respect for tackling and overcoming all those problems and addictions to bring you to where you are now.

      You don't say what the five debts are - it's unfortunate you sent for your credit report but hey ho, you did, so we work from there.

      1. When did you last make any payments or written acknowledgement of these debts?
      2. If any of the companies phone you, refuse to confirm your name or go through security. Ask them to write to you and put the phone down. Easy!
      3. Do not run scared from the letters. Remember that nobody can have what you have not got to give. Even if, and it's a BIG 'IF' all of these went to court, judges are sensible and would only order what you can afford.
      4. Don't do this, but if you have to write to any of them eventually, your ongoing mental health issues mean your creditors should abide by the MALG guidelines and treat you more sensitively. In some extreme cases, debts can be written off.
      5. You need to complete a good Income and Expenditure form. You can find one here:

      http://www.nationaldebtline.co.uk/en...=england_wales

      assuming you are not in Scotland or N. Ireland. Fill this in, and when you have you will have a much clearer picture than you do now of your true financial situation. It may not be as bad as you think - I used to be in a far, far worse position than you are now.

      Remember that you need to ensure ALL priority debts are paid in full each month. These include mortgage/rent, gas, electricity, council tax, court fines, secured loans,maintenance or child support and any HP agreements.

      All other debts can be ignored for the moment while you sort out your Income and Expenditure (I&E). When that's done, perhaps you could send me a private message with a link to this post and I'll post up further for you. I think you need ten posts to be able to send a pm, so try to post up on a few other threads too.

      Above all, don't worry. You've already travelled a long way on your journey back to a normal life, and while this may seem like a major issue, it really isn't.

      Comment


      • #4
        Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

        Thank you ODC, for your very quick reply. I will re read tomorrow, and will ask you for further information regarding your reply, If that is ok with you?

        Many thanks. T&W

        Comment


        • #5
          Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

          Thank you very much LABMAN, for your very quick reply. I will re read tomorrow, and will ask for and provide you with further information regarding your reply, If that is ok with you?

          Many thanks. T&W

          Comment


          • #6
            Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

            I suspect just like ODC and Labman seem to be suspecting, that these debts are over 6 years old or no payment has been made towards them within 6 years since the last payment. This would make the debts statuted barred and put the debt collectors in breach of OFT guidelines. But please repond to Labman and ODC posts with answers to their questions so we can ascertain with certainty what the status of the debts are.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

              Please do not get yourself in a state over this read the advice and help on this site you will soon see that it is not the end of the world as the posters here will say dont talk to anyone on the phone dont reply to any letters without taking advice first.chance are as others will say the debts are unenforceable the scum ending threatning letters are praying on peoples fears.
              Having turned your life around remember these people cannot do anything to you that will affect you in an adverse way please be strong and as i said use the advice on this site many have and have benfitted
              Good luck

              Comment


              • #8
                Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                As Teaboy2 has said, it is likely that these debts are statute-barred, which means they can no longer be enforced. I am attaching a copy of the OFT's Debt Collection Guidelines which will enable you to see just what debt collection agencies can and cannot do. I am also attaching a document that takes you through the process of making a formal complaint to the OFT's Credit Fitness Team. This part of OFT considers whether the holder of a credit licence is fit to hold such a licence and can attach conduct requirements to the licence, or refuse to renew or revoke the licence. Although the document deals with bailiff companies, the process for complaining about a debt collection agency is, effectively, the same. If you decide to make a complaint, please come back onto this thread and we will obtain the necessary licence numbers for the debt collection agencies involved.
                Attached Files
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                  Hi Labman,
                  Thank you for your very kind and understanding reply and thank you for providing me with the link to the form.
                  I have downloaded it and will complete it later today.
                  Do you want me to post the results of what I have left after my expenses?

                  In reply to your questions, according to my credit file I have not made any payments since 2007 towards any of my debts. My creit file has default dates for them all between January and November 2007. I have never written to any of these debt collection agencies as far as I can remember. I have copied my credit file on to a word document, when I am able to pm you, is it possible to attach it to the pm so you can have a look? And, I live in Wales.
                  Many thanks,
                  T&W

                  Comment


                  • #10
                    Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                    Hi teaboy2,
                    Thank you for your reply.
                    My debts are over 6 years old. If default dates are the same as no payment, then it will be 6 years next year that no payments have been made.
                    Many thanks,
                    T&W

                    Comment


                    • #11
                      Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                      Hi bluebottle,
                      Thank you for your reply. I have downloaded and saved the OFT Debt Collection Guidelines. It is a very interesting read!
                      From the letters and phone calls I have had from these agencies, they do not seem to be following the rules.
                      Do you know how they have got phone number by the way? I am and always have been, ex directory and my number is with held?
                      Many thanks,
                      T&W

                      Comment


                      • #12
                        Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                        Can you pm me when you've completed the forms please? I'll be in touch with you later on then about next steps.

                        Can I make a plea to other posters to be cautious about saying these a SB or Unenforceable. There is no guarantee of that at present, nor will there be until we've seen the actual facts. 6 years from 2007 by my reckoning takes us to 2013. Depending on what else has happened in the meantime, they may or may not be UE, but it would appear they're not SB.

                        Sorry to be fussy, but we don't want to misinform, albeit with the very best of intentions.

                        Comment


                        • #13
                          Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                          Hi wales01man,

                          Than you for your reply. These people are certainly praying on my fears. I will use all the advice given to me from people on here.
                          I will stay strong. The replies I have had so far are keeping me that way.
                          I won't talk to anyone on the phone, when family and friends ring, their name shows on my phone. I never answer with held, international and ones that begin with 014130, and 016193. I have received recorded messages asking me to ring a number but I don't. :-)
                          Many thanks,
                          T&W

                          Comment


                          • #14
                            Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                            Hi labman,
                            Yes I will pm you. Sorry, but can I ask how to pm you?
                            Many thanks,
                            T&W

                            Comment


                            • #15
                              Re: Debt collectors bombarding me with calls/letters. Any help/advice please?

                              You'll need 2 more posts (you have to have 10) so post thank you to this one, that gets you to 9!

                              To pm me, just click on my name and you'll see the option to 'Private Message' (pm)

                              Comment

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