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Please help 1st time debt collection agency

Hi
I have got myself into a bit of a pickle (Right before Christmas aswell)

I have (Well Had) a Aqua Credit card which I have stupidy ignored over the past year as I have had other large debts also...Well it seems (Which is no suprise) to have been passed to a debt collection agency..As I have had about 5 calls over the past two days and when I googled the number is 1st Credit debt collection.
I don't know where to start or what to do as having read threads about there demands and also the fact that they can add loads of money onto the debt :-( I know I am competly stupid for letting this go (Well even running the debt up in the first place) At last count i owed £2178 to Aqua. I really want to get it paid but it's probably going to take me all of next year to get rid of this.

Can anyone give me advice? I just don't know what to do as I don't want baliffs turning up. I have spent most of today crying at work. I know I'm stupid for letting it go but I just don't know where to start as I have never dealt with a collection agency.
2010 is the year I'm going to sort my life out! :j

Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
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Comments

  • RAS
    RAS Posts: 33,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    First thing to do is to take a few deep breaths and get a cuppa.

    Your starting point is never to speak to 1st credit on the phone. When did you apply for this card.
    The person who has not made a mistake, has made nothing
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    edited 3 December 2009 at 4:24PM
    As RAS says, dont EVER talk to them on the phone.

    ...and they cannot add charges to the debt unless it goes to Court ( as far as I know they would need an Agreement between you and them to do that )

    They have a reputation, but they are not invincible. They operate without much regard for the Law or Office of Fair Trading Guidelines and this will be their downfall.
    If you dont speak to themon the phone, they cannot mess with your head.

    RAS will give furher advice, but you need to write/e-mail them and tell them thhat you will only communicate with them in writing. They HAVE to comply.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • Thank you, I am trying to calm down but it's difficult...I do feel like a right numpty as I knew one day this was going to come back.
    I can't remember exactly I think it was 2006/maybe early 2007

    So just to ignore the phone? Sorry this may sound stupid but why?
    2010 is the year I'm going to sort my life out! :j

    Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    Thank you, I am trying to calm down but it's difficult...I do feel like a right numpty as I knew one day this was going to come back.
    I can't remember exactly I think it was 2006/maybe early 2007

    So just to ignore the phone? Sorry this may sound stupid but why?

    Because they will tell you all the action they COULD take....and this will be designed to scare you into making a payment. ( The git on the phone will be on commission and will be paid on the amount of cash they can get out of you via a debit or credit card TODAY and also for collecting details of your work, mortgage etc......so no talkee)
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • RAS
    RAS Posts: 33,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The reaosn you ignore the phone is because crediotr who speak to you have a nasty habit of mentioning all sorts of dire consequences for not paying up immediately that are only possible either after a long legal process or in very rare situations. The OFT has given a numbe rof them guidance about their "threats".

    Rather than ignoring them, you need to send a letter telling them you will communicate only in writing and another demanding that they send you the Consumer Credit agreement.

    If you opened the account that recently, it is probably legally complaint but this gives you breathing space.
    The person who has not made a mistake, has made nothing
  • RAS
    RAS Posts: 33,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There are a lot of different response letters for harassment by telephone floating around. This is just one example posted by fermi:


    Harassment by telephone



    Quote:
    Your Street
    Town
    City
    Postcode
    DATE HERE

    Company Name
    Road
    Town
    City / County
    Postcode



    FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.


    Account Number: XXXXXXX

    Dear Sirs,

    I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

    I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

    I now require all further correspondence from your company to be made in writing only.

    I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

    Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

    Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

    Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

    Yours faithfully,


    (type don't sign)
    Removal of numbers under Data Protection.

    You also have a right to demand that all telephone numbers for you are removed from their system, including home/mobile ones.

    See this post from CCCS:


    Quote:
    Originally Posted by CCCS_Emily viewpost.gif
    Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

    Your creditors do need to have contact details for you, but an address is all they need. If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.


    So you may wish to add something like this to your letter:


    Quote:
    FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

    I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

    The processing and use of these numbers is causing significant distress.

    Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

    This request supersedes any contactual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

    Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

    You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


    Yours faithfully,
    The person who has not made a mistake, has made nothing
  • Thank you for your help. So as it's only some dective work that I know it's them ie Googling the number.

    Do I wait for them to write to me?

    Sorry for all the questions!

    Also what do you mean by legally enforceable? I have a Barclaycard from 2003 with £4400 @ 29% APR on also. This is still with barlcaycard and upto date with payments.
    2010 is the year I'm going to sort my life out! :j

    Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    I may be wrong.........but I think I smell something.

    If I'm wrong, poster, I apologize.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • What do you mean you smell something?
    2010 is the year I'm going to sort my life out! :j

    Overdraft: [STRIKE]£1050[/STRIKE] £980 Capital One: £200 Loan: [STRIKE]£7500[/STRIKE]£1700 (Due to finish in Nov :j) Currently contesting enforceability of Aqua & Barclaycard.
  • RAS
    RAS Posts: 33,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well if the barclaycard is up to date, then if you do a CCA request and it is not enforceable, and you stop paying, they will mark your credit record with a default, which is not usually what you want.
    The person who has not made a mistake, has made nothing
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