My experience with a relatives debts and from what I have read, is that a lot of dubious interest and changes get added to debt amounts. So probably with the help of Citizens Advice, CCCS or Payplan, they will probably suggest making a request for a copy of the Consumer Credit Agreements (CCA) and copies of statements from original creditors showing the actual amount of debts.
When you make requests for the CCA's + statements from the relevant company chasing for the debts, they are supposed to put collection activity on hold, until they have supplied the information. This is a CCA request letter from which you will note that it costs you a £1 postal order to make the request. You would send the letter to whoever is chasing for the debt or if they are not chasing but shown on your credit record, to the registered address of the company concerned.
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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.
(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)
If it is your view that you are not the creditor, s.175 of the CCA 1974 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).
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.
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In regard to the debt collection process, most of the threats about them visiting your home to discuss the matter, should not concern you. You can advise them that you do not wish for them to visit you and insist on everything to be kept in writing. It is only if a court order is obtained following non payment of a CCJ, that bailiffs would be employed to actually visit to legally collect a debt. Even then they have no right to enter using force.
In regard to CCCS they are a registered debt charity and Payplan have been used by Citizens Advice, when they have been unable to deal with the volume of debt enquiries. They are not to be confused with some companies that you see advertising offering to manage your debts.