First credit debt collection :(

debtlady

But I can refuse to answer?

RAS

Absolutely. In fact it is standard practice. it encourages them to write and then

1. You have a record of the transations
2. They cannot make vague threats that they dare not make in writing.
3. You feel more in control.

debtlady

Thanks RAS. Do you have a copy of the letter to say I will only communicate in writing, please?

pepe2008

Well said RAS.
Debtlady, it can be difficult to do cos you think you'll get into terrible trouble if you dont do exactly as they say, but take RAS's advice, request comms in writing and stand firm. Once they realise that you dont rrespond to their bullying, they usually calm down and take the money whether they 'accept' it or not.
Dont forget that if they can persuade people to make a payment by Debit Card, or send in a large amount of money in the 'bullying' stage, the parasite on the 'phone makes COMMISSION!

RAS

Gues what I was hunting for ?

Nicked from fermi originally

You need to send a letter telling all the creditors to stop telephoning you. It may take time to take effect.

So send this first letter registered post. If they make any further calls after it is signed for, then send the second letter and copy in the Information Commisioner, the OFT and the Trading Standards office nearest the debtor's office.

No it is guaranteed to stop them but if you

1.Point out it is your right under the OFT Guidelines.
2. refuse to answer security questions.
3.Advise them that you are recording the call

they will take the hint.


Phone letters from fermi

Something along the lines of:

Quote:
Dear Sir / Madam,

Re accounts ref

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,

And then if you get any more calls:

Quote:
Dear Sir/Madam,

Ref. 1234567890

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

A list of good contacts to whom you can complain formally if they make a nuisance of themselves.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

debtlady

Wow thanks RAS. Also is this usual?
I received a letter from Goldfish (according to the letterhead) saying they had assigned my debt to 1st credit. I later got a letter form 1st, and I noticed that the return address on the envelopes was the same. Likewise both letters had a bar code holding the Ist credit reference number. This makes me think that it wasn't Goldfish who told me they were assigning, but Ist credit using Goldfish paper. Is this legit?

RAS

Hi

read the OFT guidelines (thanks fermi for the more up to date link).

OFT - Debt collection guidance (pdf 117 kb)

In particular the bit about using multiple agencies and complain to them.

debtman2007

Allowing 12 working days for my CCA to be returned means it should be with me by this coming Friday.

What happens if i receive nothing from 1st Credit or Citi??

RAS

Once 12 working days pllus two days for postage are up, they are n defualt and are not supposed to pursue you for the debt.

If they do so, then you need to inform the court that they have not produced the CCa as requested and are unable to enforce the debt.

Until they produce it they can do nothing.

moneymare

Sent off the 12+2 on Thursday and have not had a phone call from DCA since then - which is nice as they had been phoning every day (without success, I might add!).
Will sit tight and wait and see what happens now......