Your views and questions.

Moderators: TalbotWoods, JaneClack

By rikw
#254873 Ive taken over the reins of my o/h DMP with CCCS , which has 12 debts over 8 creditors, I must be a glutton for punishment and at this rate will have to employ my own secretary. The total amount is around 17.5 k so has you imagine they are generally of low value, which means more hassle than the ones on mine where the figures are greater. Ive sent the first letters out and about to send the ones saying she has been advised to go bankrupt. The point of this is that up to now only one of her creditors " Reliable Collections " are playing up with their "we may" letters, but I notice that they are still slapping on their interest and charges. At the moment I take Chandjay's stance and let them carry on has it's meaningless, and I dont want to irritate them more than necesary but will at some point stop paying them until they freeeze it. Has anyone had any success getting them to freeze the interst or charges
By chandjay
#254883 Hi rikw,
Yes... I have 24 creditors and only Capquest keep adding interest(I have two debts with them), but as you know, - "in certain circumstances" - interest is meaningless.
The reason that I've put "in certain circumstances" is because, as your o/h has only small debts (17.5k in total), then there is a fair chance that one day the debt will be paid back(this, of course depends on how much the o/h is paying back monthly to the creditors).
Whereas for the ones - like me - who owe astronomical amounts, then the debt will never be paid off, so the interest is meaningless.

In my opinion, you've done right by getting your o/h's DMP up and running first.
Your next step should be to write to your creditors who are adding interest, saying that it is unfair on your other creditors, for them to be adding interest, while your other creditors aren't.(I hope you can understand that last bit, 'cause I bloody can't).

Yeah, it's unfair that one lot of debts are GOING DOWN, while other debts are GOING UP.... That is what you should be telling the creditors who are adding interest.

Have the debts gone to DCA's yet, or are they still with the original creditors ?
Generally(but not always) interest will stop once it's sold or goes to a DCA.
By rikw
#254933 Thanks Chandjay, always an honour. Most of the debts are with the usual mix of RBS,BCard, MBNA and Cap One, the Reliable collections ones are 2 catalogue debts with JDW and theres one with CLF another DCA but nothing heard from them as yet. Has you correctly pointed out there is a chance of a realistic period of clearing these debts, but wont happen if her payments are out stripped by the greedy *****, if it was my DMP, it then would carry on until the next millennium so I wouldnt care less, what they added.
By chandjay
#254943 Hi rikw,
The other thing to do is to get your payments down to as low as possible, and save the money up that you've reduced, then make F/F offers with the saved up money. That means that you are paying your creditors with their own money.
I have done this twice, but it takes a fair bit of time to accumulate a sizable wedge to offer them.
I've been on a DMP for 4 years, so time was on my side(and still is).
By rikw
#260443 Has previously mentioned this lot are a right pain, since my last post I ve had numerous letters adding their charges and an invitation to visit my home from one of their friendly collectors (this I sadly declined) and now accusing my wife of intolerable behaviour. implying that she is deliberatly setting out to rob their clients. I have now finally decided that the only way get rid of this scum is to let them take it to county court, and also threatened to report them for harrassment. Has anyone else had similar withthis crowd
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By JaneClack
#260453 I have asked a colleague to email you the current OFT Debt Collection Guidance - consultation for revew on at the moment and also the new version of the Lending Code so you can quote at them if you wish to.
By rikw
#263663 I wonder what planet these clowns are on, since my last post on this long running saga I have sent a CCA request, which in return got a dodgy photo copy with my present address on (weve moved twice since) and some unpretentious garbage saying that they dont have to send an original. I have since invited them to test that argument in front of a judge and effectively the account is in dispute. Weve now received another one of their obnoxious letters with more charges on it , and now threatening to take this to court and drag me through the street naked(just exagerating there) or pass it a DCA wholl send the heavies round (again slightly exagerating). Am I right in thinking that they arent allowed to do this, and do I now have a case if it does go to court. I intend taking this to FOS (it'll cost them £500 even if upheld)
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By DuffNCustard
#263743 This is harassment - make a formal request - recorded delivery and all that - for their complaints procedure and use it. Then you lob it over to the FSA

You should have had notification from the original lender that the debt had now been sold/transferred/assigned to this crew

the account is in dispute

they are loading interest and charges with no proven contractual ability to do do - think you could put in a claim to get these rescinded

but - where there's no sense there is no feeling so in taking these actions view them as a CYA in preparation for court - if they do go online for a N'hampton special you can then dispute the claim and reject all the charges.

Play the longer game - don't get worked up - waste of effort - just play out the rope
By rikw
#263913 Ive already got that in hand the clock is ticking away until FSA day, I have sent another account in dispute letter, to give them more rope to hang them selves with. Its a bit like an old western movie when John Wayne shouted "wait to you see the white of their eyes" it will be very similar when I release my salvo on this low life scum.
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By Gazza1912
#264173
Weve now received another one of their obnoxious letters with more charges on it , and now threatening to take this to court and drag me through the street naked(just exagerating there) or pass it a DCA wholl send the heavies round (again slightly exagerating). Am I right in thinking that they arent allowed to do this,
Yes, and no. It is not actually illegal to continue to pursue a disputed account, but it IS strictly against the OFT guidelines which state that whilst an account is *in dispute*, no 'further action' can take place to recover the debt and the account MUST be placed 'on hold' until the dispute is resolved to the satisfaction of all concerned.

They are NOT permitted (under OFT guidelines) to pursue the account, pass it or sell it onto another DCA all the time the account is 'in dispute', or take any other 'further action'. This is not to say that they won't, but if they do, report them to all of the relevant statutory authorities and submit a formal complaint for harassment.
By rikw
#264333 Thanks Gazza they have another 4 weeks before the FOS forms are sent off(FSA complaint procedure), and in meantime I will be contacting trading standards, to report them for harrassment. I know it costs a company £500 for the investigation by the FOS, even if the complaint isn't agreed has valid by the ajdudicator, so that should hopefully make them think how they treat people
By rikw
#266173 I received a letter saying that they are now reassigning this debt and may involve court action or visit from debt collectors, my initial reaction is to get the bubbly out has they havent added any fee this time, and to finally see the back of them, but if the account is in dispute due to non return of CCA are they allowed to do this?
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By Gazza1912
#267353
rikw wrote:I received a letter saying that they are now reassigning this debt and may involve court action or visit from debt collectors, my initial reaction is to get the bubbly out has they havent added any fee this time, and to finally see the back of them, but if the account is in dispute due to non return of CCA are they allowed to do this?
In as far as I am aware, no they are not. As I have said in my previous post, once an account is *IN DISPUTE* it is effectively 'locked' until the dispute has been resolved. This means they are not susposed to sell it on which is what they appear to be insinuating they intend to do.

Think about it, if they intend to "reassign" the account, why would they want to take you to court? reassigning generally means selling it on. And as for doorstep collectors, well they can't send one of those unless you agree to it under a clause in English Common Law.

Threatening court action, and remember that is all it will be, a meaningless threat, constitutes 'further recovery action' and that is DEFINATELY not allowed as they are forbidden from taking any further recovery action on a disputed debt.

What has happened here, IMHO, is that you have backed them into a corner so to speak like a rabid dog, and now they are trying to fight their way out of it.

Ignore them, but REPORT them to ALL of the statutory authorites. That will blunt their teeth.
By rikw
#267373 Thanks Gazza I like the analogy of a rabid dog, I pass their offices on the bus everyday, quite often imagine I ve got a rocket launcher and fire it at their main entrance, maybe they could develop a computer game where you blast DCA's out of sight. My FOS docs are ready to go and will now also be contacting trading standards, I have a contact there from my timeshare niggle, hope they will be more useful this time.