All My Debts...Pls Be Gentle With Me

pixie1

Ive had my Natwest bank account pack come this morning - things are looking up.

I will get them all posted back this morning, Im hoping it will be sorted intime for my wages to be transferred over to them and away from the nasty halifax. I get paid on the 30th, here hoping natwest are quick

bank_of_slate

Excellent news pixie

You are sounding so much more positive about things now, good luck hunny!
...Linda xx

pixie1

Well just a little update on me

Im still waiting for my new bank details to come through, i havent heard a thing from the co-op so just natwest is in the running right now. Im still trying to get written confirmation of my debts together to send to the cccs as I have a habit of throwing all my cc bills away Ive had high days and low days, it only takes one small thing to send me over the edge as my dmp letters havent gone over yet and im dodging phone calls etc but things can only get better.

I have a couple of questions that im hoping someone may be able to help me with.

Does anyone know a cheap way that I can get my credit rating file thingie?

I want to include with my cccs letters to my creditors a line regards to them only contacting me in future in writing and not by phone, is there anything i can put in regards to this that will make them take more notice of this?

Thanks for your continued support and help, without it i would be lost.

x

davek1

Pixie

Don't know if this helps its one i sent this week to a rather nasty debt collection agency. I cant claim the whole credit for it as i had nicked most of it from others on here. Hope it helps. Obviously tailor to suit. Dave

Dear Sir or Madam,

I am writing to you in connection with your letter dated ?????? and the numerous phone calls received from your staff.

Following conversations with your staff I now wish to inform you that I have sought help from an organisation called Payplan/CCCS. They are a non-fee charging charity who assist those in debt. I have asked them to negotiate on my behalf with my creditors and arrange a debt management plan.

I have received numerous telephone calls from your staff both at home and at my workplace. I will not deal with this matter on the telephone and would ask that you contact payplan directly to establish the current situation. I am more than happy to correspond with you by way of letter but will not discuss the matter further on the telephone.

SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT
“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Given the above I consider the number and frequency of your calls to be harassing and alarming in particular those made to my workplace. Further such telephone calls will trigger complaints to the regulatory bodies.

This is clearly against the Office of Fair Trading guidance as set out below, the areas highlighted are those which I would draw your attention to:

OFFICE OF FAIR TRADING CODE OF GUIDANCE
Many activities could count as harassment. It is important to note that “anything done by a person which is reasonable” when trying to recover a debt, is not considered to be harassment. Both the Office of Fair Trading and Trade Associations (run by the credit industry), have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following is taken from the new debt collection guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“IT IS UNFAIR TO COMMUNICATE, IN WHATEVER FORM, WITH CONSUMERS IN AN UNCLEAR, INACCURATE OR MISLEADING MANNER.”

This includes:

Contacting you too frequently
Pressurising you to sell property or take out more debt
Using more than one collection company at the same time or not telling you when your debt has been passed to another company
Pressurising you to pay in full or in large instalments you cannot afford
Making threatening gestures or statements
Ignoring disputes about whether you owe the money
Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family.
“ DEALINGS WITH DEBTORS ARE NOT TO BE DECEITFUL AND/OR UNFAIR.”



Examples include:

Sending letters addressed to “the occupier” or discussing the debt with someone without knowing if they are you
Refusing to deal with an adviser acting on your behalf
Not accepting reasonable offers or passing on payments you make
Refusing to freeze action if you dispute the debt.
“ CHARGES SHOULD NOT BE LEVIED UNFAIRLY”.

Examples include:

Claiming collection costs when the original credit agreement didn’t allow this to happen and making you think you are legally liable for the costs
Not putting the specific amounts that can be added for collection costs in the original credit agreement
Adding unreasonable charges.

“ THOSE VISITING DEBTORS MUST NOT ACT IN AN UNCLEAR OR THREATENING MANNER.”

Collectors should explain the reason for any visit and give you notice of the time and date they will call
They shouldn’t visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave
They should not come in if you do not want them to and should leave when you ask them to
They shouldn’t visit you at work or somewhere like a hospital.


Whilst I am anxious to resolve this matter I repeat I will not deal with your organisation over the telephone and further calls and intimidation WILL trigger complaints. Please either write to me and I give an undertaking to respond within seven days of receipt of any correspondence or contact Payplan at: Kempton House, Kempton Way, Dysart Road, Grantham Lincs. NG317LE. Their telephone number is 01476-539200. Their reference is 78052.

I have today received a package from them containing income and expenditure sheets and authority to act on my behalf. I will return this tomorrow and no doubt they will be in touch with you in due course.

Given my willingness to resolve this situation I would ask you to hold any further action for a period of 14 days to enable Payplan to get the relevant paperwork to you.

I should also point out that I am currently suffering from stress and high blood pressure and further telephone contact from your company is only exacerbating this.

I have sent a copy of this letter to Barclaycard for their information with a covering letter complaining about your organisation.

Yours Sincerely

magentadreamer

Hi Pixie, you can get a free trial for experian at https://www.creditexpert.co.uk - the trial is for 30 days then you need to call prior to the 30days to cancel

pixie1

Excellent info and advice as ever - thank you both so much!

redkiwikiwi

what are cccs's?

pixie1

Consumer credit counselling service - they are arranging a debt management plan for me.

mariannemarlow

Davek1 thats a brilliant letter, thanks for posting. Might need this for the future!

M

brummiebabe

Have just read your thread this morning!! Just wanted to say well done!!!!!

What I love about this forum (and MSE in general) is the fab support/advice that people offer - I imagine it's helped you immensley, considering you aren't able to share your worries with loved ones!!

Keep up the excellent work and thanks to all MSEs for making this chat forum what it is!!!!!:A