Angered but upset with my creditor's debt collector!

basmic

This month was a review of my payments, and I've always paid £5/month. They sent me a financial statement to fill in, which I kept but I filled in the National Debtline's budget sheet, and sent that off instead - all my incomings and outgoings are on that, so makes no difference to me.

Anyway, if you know the budget sheet, it distributes the money for creditors like so:
Can only afford: £10
Debt 1 (£6000): £6
Debt 2 (£4000): £4

Without thinking to change the amounts to £5, to make the payments equal to each creditor, I just posted it off - and now Eversheds have accepted the £6 payment, and will not budge back to £5.

After an arguement, I told them I would phone back immediately and record the call. I did so, but I neglected to inform the person I was recording the call. After about 5 minutes, she asked what the beeping was - I blurted out "I'm recording the call" without thinking to make an excuse.

She informed me I was breaking the law, and would terminate the call - she did so, and now I'm worried but seething!

Any advice is more than welcome!

fermi

basmic wrote: »

She informed me I was breaking the law, and would terminate the call - she did so, and now I'm worried but seething!

You were not breaking the law as such.

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

Personally, I would just tell Eversheds what they are going to get, and if they don't like it then that is just tough!

basmic

fermi wrote: »

You were not breaking the law as such.

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

i will research that after my tea, thanks though!

fermi wrote: »

Personally, I would just tell Eversheds what they are going to get, and if they don't like it then that is just tough!

She said if I didn't meet my agreed payments, I would default (?) and have a CCJ lodged against me.

RAS

Any debtor is entitled to place a default on your credit record if you do not pay up as scheduled. if this debt is with a DCA, I an surprised the default is not already on your record.

As for the CCJ, yes they could ge a CCJ, but as long as you get the case moved to your local court and attend to state your case, the most likely outcome is a requirement to pay what you have already shown you can afford.

The big advantage from your point of view is that this ruling is binding on the DCA, so they cannot haress you for increased payments. Which is why they may not be so keen on the idea in practice.