How do I tackle debt collectors? (HELP)

VenuS

Im new to these boards, so please forgive me if I do not speak with the lingo

I have been having a major headache with a certain debt collecting agency, who bought an old debt of mine, and added another £200 onto the total. Now £550

Problem is, they keep recieving my payment late (£20 a month) which is sent each month through my bank with a standing order. I keep getting their nasty letters saying I have failed to keep to the agreement.

I called them, and they said it was my fault for sending the payment late, but as I told them, I wasn't.... but it was clear they didn't believe me.

I investigated this with my bank (lloydsTSB) who were extremely helpfull, and put a trace onto this payment. They came back to me, saying nothing had changed from the standing order, and it was leaving the account on time. The money was going into Barclays bank, and into a "holding account" as for some reason they were unsure where to send the payment. Nothing had changed, and it was all fine for almost 8 months, then this.

I called them to explain what lloydsTSB had said, and well... they told me(exact words) were not interested in what MY bank had to say, and that there was nothing wrong with their side of it.

After banging my head up a brick wall for 30 mins, and speaking to another patronising so and so, they told me they would not look into my account number with Barclays,(LloydsTSB said it was something to do with account numbers mixing up) and find out if they were actually at fault. I offered to send in the LloydsTSB report, and they told me they wasn't interested. All they want is their money on time.

Now if Im sending the money on time, and have proof I am, how can they keep threatening me with Court Action for late payments, and defaulting on the agreement? I feel like ive been cornered, and have no where else to go.

Ive resorted to paying the standing order earlier than normal to compensate for their problem, but Im really messing up my regular outgoings by doing this, and feel right now, why should I?

If anyone has any suggestions on how to tackle these people, and my legal standing here, it would be great.

Thanks

-VenuS

intel

http://www.citizensadvice.org.uk/index/pressoffice/press_index/press-030714.htm

http://www.oft.gov.uk/default.htm in the top right hand corner of the screen do a search for Debt Collection then hit Go

HTH

VenuS

Thanks INTEL..

Ive looked at the OFT site, and it seems complicated, not sure what I need to be doing.

Entrepreneur_en_faillite

VenuS wrote:

Now if Im sending the money on time, and have proof I am, how can they keep threatening me with Court Action for late payments, and defaulting on the agreement? I feel like ive been cornered, and have no where else to go.

Ive resorted to paying the standing order earlier than normal to compensate for their problem, but Im really messing up my regular outgoings by doing this, and feel right now, why should I?

That's always the problem with standing orders, they o take a few days to reach the recipients account. Have you thought about asking if you can make the payment by BACS transfer. I used to pay one of my creditors this way and it always arrived in their account the next day. I used to bank with Lloyds and when i explaine dthe problem of SO's beign late to them they allowed me to make the payment by BACS for free. What a nice accomodating bak they are.

The other way maight be to ask payplan or CCCS to set up the arrangement with you. This may get the debt collectors off your back.

CCCS 0800 138 1111 or https://www.cccs.co.uk

System

Hi VenuS - Welcome to the forum!

I'd agree with what Entrepreneur says.

Out of interest, you say they bought an old debt and "added £200 to it" - what was this for, or is this the total of late payment charges they've piled on so far?

If you can afford the repayments, if may be a good idea to make two payments one month to get ahead of yourself. Make the second payment a good two weeks before it's due, so it will definately be received in sufficient time. Then in subsequent months make your payments two weeks in advance again.

If you can't afford the current level of repayments, or it's jeopardising your priority bills, go thru the CCCS and get help in dealing with the Debt Collector.

For legal advice, try https://www.clsdirect.org.uk or call 0845 345 4345.

Best wishes
Dave


PS - Don't be shy about naming the Debt Collector on here. If you do, other posters may be able to give their own first-hand experiences of that company.

markokeeffe

Several issues here really.

Firstly, as already asked what was the £200 charges for? Is there anything in the agreement that you signed that allows the creditor to either do this or to charge late payment fees.

Secondly, when the debt was "sold", did you receive a notice of assignment from the original creditor (basically stating that the rights to the monies owed etc etc now belong to XYZ Debt Collectors)? If not, then they are breaking the law.

Now a BACS payment and standing order is the same, it just depends which bank it's with as to how long it takes, i.e. if I send you money from my LTSB account to yours it's instant, but it takes three working days at least if I send it from Natwest to LTSB. The first day it leaves my account, the second day it goes through "clearing" and the third day it's in your account. However, if the collection company's system is automated it will automatically trace the payment, otherwise someone may have to download/print off the bank statement that day and key it on to your account.

Now, if they have agreed to let you pay by SO (and to get their bank details they must have done) they should set their system up so that it allows say five-six days between payment date and the broken arrmt date. That's just pure common sense and not rocket science.

If you are fed up with their hassle, then a) complain to them, b) complain to the Credit Services Association c) complain to Trading Standards.

It's probably an easy way of getting £20 a time from you. But it's also probably dodgy. Which agency is it?

Mark

VenuS

Thank you all for your replies.

Firstly, the £200 was because ( I was told ) the company before who I had been making payments to, had sold the account on. They told me(the new company) it was perfectly legal, and many companies sell on bad debts to other companies who then chase payments up. What I never understood, and explained also, was that I always paid on time, but this company (not sure if I can name names) has to have the worst customer service ever. They talk down to you in such a manner, Im just glad to hang up most of the time.

I never recieved a letting stating I was going to be moved/transferred, just a rather snotty letter from the new company saying how I was in default of an agreed payment with them, and they were dissapointed that I had failed to make contact with them from their previous letter, (WHAT LETTERS?) when infact Ide never even heard of them till that letter.

They say the debt was for something Im not even sure sounds like mine, but to be honest, me and my ex husband had that much debt from loans, credit cards etc, when he lost his job I really didn't know who I owed money to for what. Once your money goes to a debt collector, they refer to the debt not the person you originally owed the money to. So I find myself paying this debt for a Yorkshire bank credit card, when in fact I never owned a yorkshire bank credit card ( I know this for sure ) but, they tell me it could of been a store card from whom yorkshire bank were the lenders. Confused?, me too.

I am in a programme with the CCCS atm, and only have 1 debt on there which is almost paid,(yippee) but this new company refused to deal with the CCCS outright. The CCCS told me if the company refuses they normally have some reason to back out of dealing with them, and what they said is that (funny this) Payments were always coming in late from the CCCS. But of course, it's nothing to do with their side of it.

My SO was coming out on the 14th of each month to reach them by the 28th, this was ample time before this problem occured, but now Im having to make a payment to them on the 4th to get to them by the 28th.

I was also told not to make an offer to these people,(Equifax) as it would affect how my credit report would look to future lenders who would see I only satisfied the debt, and not settled in full. Does anyone know if this is true or not, as Ide like to make them an offer of the money I owe minus the £200 if possible? Otherwise I refuse to make lump sums to these horrendous people.

Thanks for your input

-VenuS

Entrepreneur_en_faillite

VenuS wrote:

I was also told not to make an offer to these people,(Equifax) as it would affect how my credit report would look to future lenders who would see I only satisfied the debt, and not settled in full. Does anyone know if this is true or not,

Technically speaking this is true, however, each individual lender has a different system of assessing whether to offer you credit or not.

To be honest, as you have the default anyway it's almost irrelevant whether it is satisfied or settled in full, simply because it does sound like your credit status is quite bas enough already I doubt if this one small extra 'bad' mark against you will have any great affect on your credit rating.

System

VenuS wrote:

the £200 was because ( I was told ) the company before who I had been making payments to, had sold the account on.

I'm sure the CCCS or CLS would be able to tell you whether that £200 is a legit charge. Although I'm fairly sure that recovery costs can be added to your bill. (eg Solicitors costs)

but this company (not sure if I can name names) has to have the worst customer service ever.

"Consumer Revenge, Consumer Revenge, Consumer Revenge"

I find myself paying this debt for a Yorkshire bank credit card, when in fact I never owned a yorkshire bank credit card ( I know this for sure ) but, they tell me it could of been a store card from whom yorkshire bank were the lenders. Confused?, me too.

VenuS, if something like this ever happens again, don't pay a penny until you're given absolute proof that the debt is yours. Instead, check on this forum for further help.

I am in a programme with the CCCS atm, and only have 1 debt on there which is almost paid,(yippee) but this new company refused to deal with the CCCS outright. The CCCS told me if the company refuses they normally have some reason to back out of dealing with them, and what they said is that (funny this) Payments were always coming in late from the CCCS. But of course, it's nothing to do with their side of it.

My SO was coming out on the 14th of each month to reach them by the 28th, this was ample time before this problem occured, but now Im having to make a payment to them on the 4th to get to them by the 28th.

From what you've said about the £200 above, this company - although they appear atrocious in allocating your payments to your a/c - are not actually charging you for what they deem "late payments". Have I got the right end of the stick there? They're just sending your arsey letters each month?

Loretta

VenuS wrote:

Im new to these boards, so please forgive me if I do not speak with the lingo

I have been having a major headache with a certain debt collecting agency, who bought an old debt of mine, and added another £200 onto the total. Now £550

Problem is, they keep recieving my payment late (£20 a month) which is sent each month through my bank with a standing order. I keep getting their nasty letters saying I have failed to keep to the agreement.

I called them, and they said it was my fault for sending the payment late, but as I told them, I wasn't.... but it was clear they didn't believe me.

I investigated this with my bank (lloydsTSB) who were extremely helpfull, and put a trace onto this payment. They came back to me, saying nothing had changed from the standing order, and it was leaving the account on time. The money was going into Barclays bank, and into a "holding account" as for some reason they were unsure where to send the payment. Nothing had changed, and it was all fine for almost 8 months, then this.

I called them to explain what lloydsTSB had said, and well... they told me(exact words) were not interested in what MY bank had to say, and that there was nothing wrong with their side of it.

After banging my head up a brick wall for 30 mins, and speaking to another patronising so and so, they told me they would not look into my account number with Barclays,(LloydsTSB said it was something to do with account numbers mixing up) and find out if they were actually at fault. I offered to send in the LloydsTSB report, and they told me they wasn't interested. All they want is their money on time.

Now if Im sending the money on time, and have proof I am, how can they keep threatening me with Court Action for late payments, and defaulting on the agreement? I feel like ive been cornered, and have no where else to go.

Ive resorted to paying the standing order earlier than normal to compensate for their problem, but Im really messing up my regular outgoings by doing this, and feel right now, why should I?

If anyone has any suggestions on how to tackle these people, and my legal standing here, it would be great.

Thanks

-VenuS

I think something has gone wrong here, if the standing order was working for several months and the payment is now going into a holding account it means that they do not know which account the payment is for. Check very carefully all the numbers that are being used in this transaction, usuallu when these things are set up and work once, they keep on going. For some reason either your bank or their accounts are doin a wrong number somewhere. Did it go wrong when the account was passed to this bew company?

VenuS

From what you've said about the £200 above, this company - although they appear atrocious in allocating your payments to your a/c - are not actually charging you for what they deem "late payments". Have I got the right end of the stick there? They're just sending your arsey letters each month?

Yes Dave, just nasty letters, but no late charges. Although their tongue lashing is enough for me.

Loretta I have had my bank do a trace on the payments to double check account numbers, and to find out where the money was going. They told me the money was going into a barclays holding account, and there was no change in numbers on my side at all. I passed this info onto the debt company, but they told me they weren't interested in what "my" bank had to say.

The company is... 1st Credit. Anyone else heard of them?