Just a quick question - do I have to tell every detail of my life to debt collectors?

[elishas]

Hi guys,

Just a quicky, in my experience when dealing with debt mgt companies/debt collectors etc, they often ask alot of questions, how much I earn, how much my rent is, all my outgoings, etc etc etc. I'm guessing so they have plenty of personal information about us, and to get a gist of how much they want to take to repay the debt. Is this a requirment by law or some sort of rule if you have debt? Do I HAVE to give out all these details??

I feel I dont want to give out any of this information! Just the bare minimum. Please advise...

thanks in advance

[FlamingParrot]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Just a quicky, in my experience when dealing with debt mgt companies/debt collectors etc, they often ask alot of questions, how much I earn, how much my rent is, all my outgoings, etc etc etc. I'm guessing so they have plenty of personal information about us, and to get a gist of how much they want to take to repay the debt. Is this a requirment by law or some sort of rule if you have debt? Do I HAVE to give out all these details??

I apologise in advance for shouting, but the answer is: NO! Absolutely NOT!

Debt collectors have no right to know ANY of these things, nor is there a legal requirement to provide that information to a debt collector. Only a court has the right to demand that information from you. :juge:

Having said that, there are times debtors may choose to provide financial information VOLUNTARILY, such as when they are looking to increase their chances of reduced repayment offers being accepted. If it helps you, you may want to do it, for example, if you want to show all you can afford is token payments, you may want to send an income and expenditure form, but you'd send your own, rather than filling in anything sent by your creditors.

You mention debt management companies as well as debt collectors. If you are using a DMP provider, they will ask you for financial details. You are not obliged by law to provide them, but they may choose not to work with you if you don't. :ohwell:

Would be useful if you gave us a bit more details about your debts. :typing:

Are you paying a debt management company?

[QCKate]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Hi guys,

Just a quicky, in my experience when dealing with debt mgt companies/debt collectors etc, they often ask alot of questions, how much I earn, how much my rent is, all my outgoings, etc etc etc. I'm guessing so they have plenty of personal information about us, and to get a gist of how much they want to take to repay the debt. Is this a requirment by law or some sort of rule if you have debt? Do I HAVE to give out all these details??

I feel I dont want to give out any of this information! Just the bare minimum. Please advise...

thanks in advance

Simple answer is NO!! You dont have to tell them anything..................

QCK

[elishas]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

lol thank you, sorry it was a stupid question but you just never know!

I have a few different debts, 2 debts around 2k from about 2002, which I pay off about 30 each a month, I have recently dropped this to 20 a month & they are ringing me/sending letters.

Another debt I have is originally from a Natwest loan for 20k in 2009, after a year of repaying I broke the credit agreement (personal circumstances) & it went to Apex, after 3 years of paying them, I got married this year & cancelled my arrangement (silly I know but I had to free up some money to pay for wedding). Apex have sent this debt which is on about 12k left now, to Westcot Services Debt collectors. They have rang/sent letters. So I want to be prepared when I call them to offer a repayment. I am saving hard for a deposit on a house so I really want to pay the lowest I can for now, then after we have bought a house I will then re-evaluate & see about paying off my debts hopefully.

[FlamingParrot]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

lol thank you, sorry it was a stupid question but you just never know!

I have a few different debts, 2 debts around 2k from about 2002, which I pay off about 30 each a month, I have recently dropped this to 20 a month & they are ringing me/sending letters.

Another debt I have is originally from a Natwest loan for 20k in 2009, after a year of repaying I broke the credit agreement (personal circumstances) & it went to Apex, after 3 years of paying them, I got married this year & cancelled my arrangement (silly I know but I had to free up some money to pay for wedding). Apex have sent this debt which is on about 12k left now, to Westcot Services Debt collectors. They have rang/sent letters. So I want to be prepared when I call them to offer a repayment. I am saving hard for a deposit on a house so I really want to pay the lowest I can for now, then after we have bought a house I will then re-evaluate & see about paying off my debts hopefully.

First of all, not silly at all, you have to look after number 1!

This may be slightly off topic, but, in view of the above, if you are planning to buy a house, you may have to leave your name out of the mortgage, unless you are prepared to wait for a further 3 years or so. If you defaulted the loan in 2010 (as your post above suggests), the default will show up on your credit file till 2016. This could make it rather hard to get a mortgage in joint names. :sad:

[FlamingParrot]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

I have a few different debts, 2 debts around 2k from about 2002, which I pay off about 30 each a month, I have recently dropped this to 20 a month & they are ringing me/sending letters.

You shouldn't speak to them over the phone, :nono: keep everything in writing.

If they ring you, refuse to go through security and hang up. Log every call you receive even if you don't answer them (you may recognise the numbers). :typing:

With regards to telephone harassment, you may want to look at this: http://www.legalbeagles.info/forums/...om+harrassment

With these old ones, you could try sending a CCA request to the creditors chasing you and see what they come up with. They may not be able to produce an enforceable agreement and you could stop paying them if they can't.

The amount outstanding is not huge but a CCA request will only cost you £1 + postage. :thumb:

Sadly, this course of action wouldn't really work that well for the loan from 2009.

[FlamingParrot]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Another debt I have is originally from a Natwest loan for 20k in 2009, after a year of repaying I broke the credit agreement (personal circumstances) & it went to Apex, after 3 years of paying them, I got married this year & cancelled my arrangement (silly I know but I had to free up some money to pay for wedding). Apex have sent this debt which is on about 12k left now, to Westcot Services Debt collectors. They have rang/sent letters. So I want to be prepared when I call them to offer a repayment. I am saving hard for a deposit on a house so I really want to pay the lowest I can for now, then after we have bought a house I will then re-evaluate & see about paying off my debts hopefully.

As above, do not call them! :nono: Keep everything in writing.

An offer of repayment should ALWAYS be made in writing, and get confirmation in writing as well. Make sure they agree to freeze interest, also in writing. As an extreme example, I know of someone who, back in 2000, agreed a repayment offer with a creditor over the phone, who agreed to freeze interest. 12 years later, they received a statement for £24k :scared: :scared: :scared: It turns out the creditor had been adding interest all these years, and there was no written confirmation that said otherwise. :mad2: :mad2: :mad2:

Although relating to a much smaller amount, I once settled an account with a DCA over the phone before I knew any better. It was nearly 5 years ago, I'm still being chased for the reminder that was supposed to have been written off if I made a debit card payment over the phone, as I did. http://www.legalbeagles.info/forums/showthread.php?41122-Aktiv-Kapital-chasing-old-outstanding-balance-after-settlement-(

[elishas]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Well thats the thing, I defaulted in September 2010....however September 2013 the default was removed from my Credit Expert profile.....(I posted about that on here)... However, I checked on Experian & the default is showing on there. So not sure what to think. Either way I'm hoping that come April/May of next year, once my hubby & I have saved a decent deposit, we can go for a mortgage. I'm on a decent wage, & his credit is good.

Regards CCA, I'm happy to do that, I dont really know much about the laws of debt etc, where can I find a CCA request? I may require advice if I get a response from them as I might not understand their jargon letter lol.

[FlamingParrot]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Well thats the thing, I defaulted in September 2010....however September 2013 the default was removed from my Credit Expert profile.....(I posted about that on here)... However, I checked on Experian & the default is showing on there. So not sure what to think. Either way I'm hoping that come April/May of next year, once my hubby & I have saved a decent deposit, we can go for a mortgage. I'm on a decent wage, & his credit is good.

Different CRAs may have different information. Defaults are supposed to show for 6 years so there isn't much you can do about it showing on Experian.

Luckily your hubby has good credit. :whoo:

Regards CCA, I'm happy to do that, I dont really know much about the laws of debt etc, where can I find a CCA request? I may require advice if I get a response from them as I might not understand their jargon letter lol.

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

When you get a response, do post up here and we'll take it from there. :typing:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[elishas]

Re: Just a quick question - do I have to tell every detail of my life to debt collect

Aww brilliant, thank you so much

will get onto that this weekend, & let you know of the outcome.

thanks again!!