dvsl harrasment please please help

[bear]

Hi all.

I currently live in isle of man and have started a new life. Myself and partner are trying to set up a buissnes and we have very little money.

I got home today and was told by my neighbour that someone tricked him into verifying I lived next door. They new his name and said they had a parcel for me. He told me that he googled the name of the company and that he thinks it was suspicious.

I had letters from a company called capquest at my old address to try and get over 1000 pounds from an old bank debt that I just cant afford to pay. I ignored the letters and havent had contact for around 2-3 years and there is no way I can afford to pay.

Is there a way I can stop them harrassing me and neighbours. I am worried sick as I am trying to start over after a couple of horrific years.

I have a feeling I am now going to get hounded by them and I live in a small village where people talk.

Please please help.

Bear

[labman]

Re: dvsl harrasment please please help

Have you asked Capquest to prove you owe this debt? Have you any other debts it could be?

[bear]

Re: dvsl harrasment please please help

Hi labman.

Thank you for reply. It could be an unpaid credit card debt from years ago. Like I said I have had a horrigic few years and just couldnt make any payments and only just managed to live. I am now trying to rebuild my life but am worried sick. Is there anything I can do. I just dont have the money to pay and certainly want no corrospondance with this awful compnay

[labman]

Re: dvsl harrasment please please help

You will probably have to engage with them - they clearly know where you live, and I assume you moved there to try to escape the debt.

Your best first move is to send them a Prove It letter to find out what they are chasing. If it is the credit card, rather than the bank account, when was this taken out? When roughly did you make your last payment? Can you remember if they terminated the agreement following a default notice, and if so, roughly when this was? Don't worry if you can't answer this last question.

Here's a Prove It letter to edit and send. Make sure you get at least Proof of Postage:



Name/Address:

Date:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully

[wales01man]

Re: dvsl harrasment please please help

There are really 3 choices, Pay it, Ignore them or contact them to get them to prove the debt problem is guessing what action they will take if you ignore them

[labman]

Re: dvsl harrasment please please help

There are really 3 choices, Pay it, Ignore them or contact them to get them to prove the debt problem is guessing what action they will take if you ignore them

Paying it isn't an option; Ignoring them will only cause stress as they will keep calling, so that leaves asking them to prove it.

[bear]

Re: dvsl harrasment please please help

Hi labman.

I will get this sent of tomorrow thank you. Does it matter that the debt is legit. I know I owe the money but cant afford to pay it. I know I owe it Im just kind of hoping ibcan avoid them till its been 6 years and becomes nulled. Whatvis the very worst that can happen to me. Will they chase me to isle of man and as we are outside of the uk are laws different. Again thank you very much for your time.

[labman]

Re: dvsl harrasment please please help

Hi labman.

I will get this sent of tomorrow thank you. Does it matter that the debt is legit. I know I owe the money but cant afford to pay it. I know I owe it Im just kind of hoping ibcan avoid them till its been 6 years and becomes nulled. Whatvis the very worst that can happen to me. Will they chase me to isle of man and as we are outside of the uk are laws different. Again thank you very much for your time.

The Isle of Man is a crown state, so subject to normal UK debt collection practices as far as I'm aware. Debt is NOT a criminal offence though, it is a very common civil issue. Nothing terrible can happen to you as I assume you don't own your own house etc... The very worst that could happen is bankruptcy, but that's unlikely for small amounts, and particularly if they can see you have no assets, so they'd actually be doing you a favour by making you BK, as they'd officially write off all your debts, and they'd pay for the privilege. As you can see, they're unlikely to want to do that.

So I suspect the worst case scenario would be agreeing an affordable repayment plan with them, but one which allows you to live.

Don't worry about any of that yet though, it's miles down the line. Let's take one step at a time and see what we're dealing with first.

[bear]

Re: dvsl harrasment please please help

Thank u guys for your help. I dont own anything. Everything I have is in partners name. I will send letter tomoz and keep u all updated. Its awful how they can make u feel.

[labman]

Re: dvsl harrasment please please help

Yep! I know that feeling well. At one stage I used to be physically sick waiting for the post each morning as I was so scared. Needless to say, I didn't know then what I know now. If you own nothing the most likely outcome if they can prove all entitlements to collect a genuine debt is an affordable repayment plan. We can sort that out for you without too much of a problem, so please try not to worry. :beagle: