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Debt collector company help!

Last post Fri, Apr 20 2012, 3:56 AM by maxsteam. 7 replies.
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  •  Fri, Apr 20 2012, 3:56 AM

    Re: Debt collector company help!

    psss:

    They even asked me for a main work number the other day!

    Like I said, they can ask for all sorts of things but it's up to you what you give. If you do not want any visits or phone calls, it's worth putting this in writing and getting a (free) proof of posting from the post office for the letter. If you get lots of phone calls (or visits) after you've clearly stated that it's inconvenient, then you can report them to the Office of Fair Trading and the debt collectors will lose their credit licence if they get a few such reports.

    It's definitely worth stating that you would like all future communications to be made by letter as these people have a habit of saying one thing one day and another thing another day on the phone.

    • Post Points: 5
  •  Fri, Apr 20 2012, 3:27 AM

    Re: Debt collector company help!

    I think this is sound advice, I want to just pay what I owed and possibly any reasonable charges but after paying for long enough and now they are saying it is triple what I even owed! It could just go on and on! when would it stop.

    Its like they are making it up without any regulations? I want to pay what I owe but not just pay a random number picked out of the sky every few months.

    They even asked me for a main work number the other day! what do they want to do now phone me at work? There must be somewhere people can complain about companies like this?
    • Post Points: 20
  •  Thu, Apr 19 2012, 9:41 PM

    Re: Debt collector company help!

    Yes, they can add as many charges and penalties as they like but, as you suggested, these are unlikely to be enforceable if the matter went to court. There are rules and guidelines on how to send bills for such matters. If they'd added say 7% per year interest, told you about the charges when they were added and sent regular statements, then they might have a chance of using the courts. As things stand, I would expect that if you paid them installments that total say £400, then said in writing that you believe the debt is now settled, you could ask them for full details, showing all payments, interest and penalties, if they believe that there is anything still outstanding. You can then say that you dispute interest and penalties that were added without informing you and without sending regular (annual?) statements.

    After you've swapped a few letters, you might feel in a strong enough position to stop the payments and ask them to take the matter to court if they feel there is any more money due.

    It's worth remembering that you can ask them not to phone or visit if this is inconvenient. I expect that they'll start to threaten visits if payments stop.

    • Post Points: 20
  •  Thu, Apr 19 2012, 8:54 PM

    Re: Debt collector company help!

    Ok will do thank you for your reply I shall send the letter off and see what happens.

    Thanks again.
    • Post Points: 20
  •  Thu, Apr 19 2012, 8:46 PM

    Re: Debt collector company help!

    Yes I believe that they can add charges/interest, in line with the original creditors terms and conditions for the card. If any charges can be disputed as being unreasonable, you should be able to get these deducted. You would need the full details of how the current debt balance is made up and you could submit a complaint to the company concerned and then follow it up with the FOS, if you need to.

    My experience with a relatives debts, is that debt companies make the debts up. I am not sure that any proper calculation is done. When you have sent the letter, see what they come back with, but challenge them. While you have a dispute ongoing, they should put collection on hold.

    • Post Points: 20
  •  Thu, Apr 19 2012, 8:38 PM

    Re: Debt collector company help!

    hi there, thank you it was for a credit card and a company purchased the debt, can they just add interest and late fees?

    Thanks for your help thus far I shall be sending this letter off.
    • Post Points: 20
  •  Thu, Apr 19 2012, 8:28 PM

    Re: Debt collector company help!

    What type of debt is this ?

    Who have you been paying ?

    The debt company may be adding interest and charges that they should not be. Unless your original contract with the original creditor allows for interest and charges to be added, then they should not be adding anything.

    If the debt is for a loan, credit card, catalogue debt, you could send this letter with a £1 postal order. If they cannot supply your consumer credit agreement or an acceptable reconstituted version within 14 days, you can put the account into dispute and not pay anything more until they have done so.

    What I would expect the debt company to do, is provide a copy of our consumer credit agreement and a statement of account showing a calculation of the amount outstanding. If you have been making payments, they should have been sending you a statement of account, atleast once a year.

    -----------------------------------------------------------------------------------------------------------------------------------------------------------------------

    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, 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. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

    I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

    I look forward to hearing from you.

    • Post Points: 20
  •  Thu, Apr 19 2012, 6:50 PM

    Debt collector company help!

    Hi all I hope someone could help me here. I have been dealing with a company who purchased an old debt and have been paying it

    since 2007.

    However I have not written stating I owe the monies ever I have just been sending in postal orders.

    The dedt was £300 originally from the company they purchased it from.

    They then handed it over to another company saying I was not paying so I said I would pay £10 a month

    just to clear it but then when I asked them how much the bill was and to my horror they said over £800 even though I have

    been paying since 2007.

    I have only been paying £5 a month and thought I would be finished in 4 months. I phoned back up and the

    new company asked me to send in my receipts from postal orders now I know this is stupid but due to moving etc I am only

    able to find about 26months worth.

    Can they just say that the money owed is for late payments and can they legally just keep adding

    them.

    What should I do about this and what can I do as it feels like I am starting over 3 times fold again. If I just stop paying will they just

    keep adding money and eventually find me again.

    Any help much appreciated. Oh by the way they have never showed me an originally proof of debt and if they do this time if I go to

    court will I only be liable for the original debt of for all of these so called charges put on it by this terrible company.

    Thank you.
    • Post Points: 20