Debt collection agencies advice please

[Llantysilio]

I paid 6k from an 8k debt with a loan from a friend to whom I am paying this back slowly. I owe 2k and the original oc has passed this on to a second dca. I do not wish to fill in a monthly budget as I know what I can afford around 40 a month. I am getting calls from the dca and then blocked calls, letters to say they have confirmed I live at my address. Having had physical and mental health issues I am at my best in years and want to get back to work but this stress is making me feel fragile and I do not wish to go back into depression. I am ready to face the dca but need some help please

[FlamingParrot]

Re: Debt collection agencies advice please

Hi and welcome!

Although creditors can ASK, only a court can order you to fill in an I&E form. In some cases it may be a good idea if it helps you, however, if you are already paying £40/month on a £2k debt, I don't see the need. Ignore the letters saying you are living at your address, DCAs obviously have surplus paper, ink and stamps. :rant:

Avoid talking on the phone with them, if you happen to answer the call, just refuse to go through security and hang up. Here's a letter you can send asking them to stop ringing you:

Dear Sirs

Account No: xyz

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 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 ofthe Protection from Harassment Act 1997 as well asSection 40 of the Administration of Justice Act 1970.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;
"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt"

If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

[FlamingParrot]

Re: Debt collection agencies advice please

With regards to harassment by creditors, you may want to look at the following:

http://paulatwatsonssolicitors.wordp...3-all-er-d-88/

(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

...as well as this post by our very own consumer credit lawyer :yo:
http://www.legalbeagles.info/forums/...792#post355792

[Llantysilio]

Re: Debt collection agencies advice please

Hello and thankyou. The difficulty I am having is getting the dca to accept my offer. Dca no 1 would not provide their bank details so in desperation I went to the bank and paid in the money of £40 once but this was difficult as the bank clerk advised me that my account was not "live" and that the money may not get to the account. The money did reach my account as I can see the balance has changed. The bank have now passed it to dca no2 and they are insisting on the iE form. I know what I can afford. My question is please how do I deal with dca no2? Should I just go and pay monthly to the original oc.? Should I inform dca no2 or should I write to the bank and tell them I will pay monthly this amount. With great appreciation.

[Llantysilio]

Re: Debt collection agencies advice please

Sorry I am new to forums etc and my last post was a bit unclear, the dca would not give me their bank details so in desperation I paid my money into the bank with whom I owe the debt on a credit card,

[FlamingParrot]

Re: Debt collection agencies advice please

Sorry I am new to forums etc and my last post was a bit unclear, the dca would not give me their bank details so in desperation I paid my money into the bank with whom I owe the debt on a credit card,

First of all, try to calm down a little, :hug: there is no cause for desperation, that's exactly what those people want to induce with their bullish tactics. :mad2: Nothing is going to happen if you don't pay them on demand, trust me on that one, I've been there, done that and not paid anything since 2010! :grin:

The problem here is that we don't seem to be sure whether this debt is still owned by the original lender or it has been sold on. :noidea: There is a difference between a DCA acting on behalf of their client (the bank) and one which has bought the debt, in which case paying the bank would be pointless, as they would no longer be the owners of the account, that's why we need to look at this in more detail. It would be useful if you provided us with a bit more information about the history of this account, who was the lender, who are the DCAs involved and what has happened, :typing: for example, did you ever received a Notice of Assignment (a letter saying the debt has been sold)? :confused2:

[charitynjw]

Re: Debt collection agencies advice please

Hi Llantysilio

Could you tell us the DCA's name?

[Llantysilio]

Re: Debt collection agencies advice please

Natwest is the bank, dca no1 was AIC. Dca no2 is westcot,

westcot issued a final notice on -August 4th saying if I do not agree to payment of full amount within next 10 days that "further collection activity will be taken to recover the full outstanding balance". Please do not ignore this letter as this could result in further action being taken to recover the debt. They do not say natwest is the client but refer to royal bank of Scotland plc.

i do not recall receiving a letter of assignment but received a letter in October 2012 from a solicitor which i did contact the next thing i knew was that they passed it on to dca no 1 - AIC,

thank you, I am grateful.

[CleverClogs]

Re: Debt collection agencies advice please

Wet Cloths are mostly all talk.

[ODC]

Re: Debt collection agencies advice please

Natwest and RBOS are one and the same

[CleverClogs]

Re: Debt collection agencies advice please

Natwest and RBOS are one and the same load of smelly turds.

I've fixed your post for you, :grin:

[labman]

Re: Debt collection agencies advice please

Natwest is the bank, dca no1 was AIC. Dca no2 is westcot,

westcot issued a final notice on -August 4th saying if I do not agree to payment of full amount within next 10 days that "further collection activity will be taken to recover the full outstanding balance".

Hi,

If you're from where your name suggests, I'll be passing you tomorrow!

I bet the word I've highlighted in red actually says 'may' not 'will.' Flaming Parrot is absolutely correct in saying there is no urgency in doing anything with this account. However, it is clearly causing you a degree of stress and you have a medical history that will be exacerbated by this stress - I understand that well.

What I don't understand is your reluctance to simply complete an Income and Expenditure form in order to prove that you can only afford £40 per month. I deal a lot with people in debt, and often the reluctance is due to the existence of other debts. Have you got other debts as well which need sorting out? If so, it might as well all be done at once to sort things once and for all.

If you haven't, then I'd suggest that although only a court can order you to complete an Income and Expenditure form, you complete it voluntarily and send it off. They are not going to refuse a repayment of £40 on a £2000 debt. You'll then get the bank details you need and it is resolved.

You can choose not to submit it voluntarily of course - that is your absolute right. However, you can't really complain of the stress being caused if you choose that course. It is perfectly normal practice for a creditor to ensure you are being genuine about the £40 per month offer, and they can only do this by having a quick look at your finances. If you try to look at it from their situation, they don't know you from Adam, and you could be sitting on savings of thousands.

I'd be inclined to give them the information they want and shed the stress. With your medical history, you really do not need it. :tinysmile_grin_t: