HELP..Threats to take me to court.

veganlass

Some while ago I got into debt with two credit cards and a personal loan to the tune of just over £3,000, just over 1 yr ago.

I had to retire through ill health and couldnt pay. I went to the CAB at the time where I lived in lincoln. They were brilliant and wrote a letter to my creditors with a financial statement saying I was unable to pay, but was will ing to pay £1 as a gesture. The three creditors agreed, two agreed to one year then reassess and the third HSBC passed it on to a payment services and I continue to pay them £1 a month till 2050!!.

The Co-op has been on my back since the years been up. I went to the CAB here in sussex where I now live (in a council besit) . They wrote to the Co-op stating my position and that £1 would continue. Before I knew it they have now passed it to a debt collecting agency Frederisks international.

First I knew of this was a demand from them for the debt of £616. I rang them to be told that the co-op has nothing to do with it now and passed it to them. They said If I pay now it could only cost my £400.

I said I was going back to CAB urgently, they replied they would give me 5 days to sort it out. I went back to CAB and they said we will sort it and if they ring tell them that.
5 days later they rang again, I told them CAB was dealing with it.

Then last thursday evening they rang again, I told them CAB was dealing with it on my behalf.

Fridays post brought a letter from Fredericks saying I had 7 days then they would take me to court with extra costs. I rang them and asked if they had recieved anything from CAB. They said they hadnt heard from CAB in the 16 days they had, had the account !!.

I dashed off to CAB on friday to see the office was closed for staff training.

So Ive sat and worried about it all over the weekend and at wits end!!.

I will add I asked the CAB if they could give a support letter for a charitable trust for financial assistance and the CAB had lost the documents I gave them. So I am worried, its no good CAB trying to reassure me they are dealling with it, but I am wary now that they are!!.
Saturday morning I wrote a letter sent it via email to fredericks international
expalining my position re income and my disabilty. Now I await to see CAB again on monday.
Sorry its a long thread...

10past6

Hello Veganlass :hello:

Welcome to the forum

Firstly, DON'T PANIC, I know it's easy for me to say, but panicking won't solve anything.

The letters are just standard computer generated letters, nothing more, they are worded to panic people.

There are several things I'd like you to do

a) Send this letter to them by recorded delivery:

Loan or CC Company
Address


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

ONLY PRINT - NEVER SIGN YOUR NAME

Include the following letter with the one above, keep copies of both letters you send

Your Street


DATE HERE

Company Name


Dear Sirs

Harassment by telephone

Account Number: XXXXXXX
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 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 Section 40 of the Administration of Justice Act 1970, 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.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

ONLY PRINT - NEVER SIGN YOU NAME

Next, look at my signature and use the RED link within it, contact "National Debt line" on Monday for further advice.

The Company you mention are well known on this site, you're in safe hands here, and you'll receive all the help / support / guidance you need.

Finally, when they call JUST HANG UP EACH TIME - NEVER - EVER SPEAK TO THEM.

Thers alot of information for you to take in above, atke your time, and you'll get there.

10past6

One other point which I forgot to mention, click here and complete be certain you're receiving everything your entitiled to.

halight

Hi mate.
I agree with what 10past6 have said above do what thay have siad mate.
Seed of the letters and dont forget tp phone debtline.

All the best and dont forget to let us know how you are getting on and if anymore help can be given to you

good luck

veganlass

Thanks. I will go see CAB tomorrow to see exactly what they have done, considering they have copies of all the paperwork from me. If no joy I will follow whats been written here. I will certainly send the letter about the telephone calls I get from them.

BTW is it possible that CAB has actioned something and Fredrickson s are using bulluboy tactics to try and twist my arm into paying something?.

I will copy the above letters and take them to CAB tomorrow and see what they are doing about it all.

veganlass

I have just written these letters ready to post tomorrow if CAB hasnt done anything for me. I have not signed them just printed my name.

10past6

veganlass wrote: »

I have just written these letters ready to post tomorrow if CAB hasnt done anything for me. I have not signed them just printed my name.

To be honest Vegan, I really wouldn't bother with CAB, you're involving a 3rd party, just send the letters off and see what happens.

Contact National Debt line as I advised in my earlier post, you need to take control of this situation, having CAB involved means you relying on them to communicate for you, if Freddy says they've not heard from CAB, you'll end up going round in circles.

If you're able to, try and take control of your situation, as I mentioned earlier, you'll receive all the help and guidance required.

The CCA letter gives them 12 days to reply, start the ball rolling tomorrow, in 12 days time you'll have a better chance of knowing what you're up against.

Good luck

veganlass

Ok will do.

I have a copy of my financial statement that the CAB drew up for me shall I send it with the letter or not?.

Also whats the next stage after the 12 days etc,.?.

10past6

veganlass wrote: »

I have a copy of my financial statement that the CAB drew up for me shall I send it with the letter or not?

No, No, No, No, just send the 2 letters I've posted above.

The CCA letter is requesting them to prove they have the LEGAL right to pursue you for the debt.

veganlass wrote: »

Also whats the next stage after the 12 days etc,.?.

Come back and post here, I have a further letter for you.

This may seem like a lot of messing about, but this is the CORRECT way of dealing with it.

If they are unable to produce a TRUE copy of your CCA, then LEGALLY they cannot chase you for the outstanding amount, which means you don't have to pay them, they will continue to chase you, but that step is further down the line, wait and see what they send.

eyeopener2

These are computer generated empty threats, and the phone monkeys do not care about truth or facts. they just want commission

Do as the other posts say . IF these clowns take you to court (which they probably will not) What exactly would it achieve? The judge would look at the case and throw a fit that it was in front of him in the first place and send them packing. Although the chances of this ever getting to court are very very slim.

You have nothing therefore they can not get anything from you.

Do not worry about this, just do as the others advise and let this bunch whistle.

Good luck and laugh at the letters as they arrive. Any problems just go back to CAB and come on here for support.

E

dancingfairy

You never know the judge might make an order for you to pay them.......at 1 or 2 pounds a month. Lol. They can't have what you haven't got. You don't own a house so don't have to worry about that. They will just jump up and down and throw their toys out of the pram and sulk. Seriously though send the letters off and see how things go.
Best of Luck
df