Defaults with Debt Collection Agencies

Sharon30

Hi I'm new to this site and looking for some advice!!!

I am currently dealing with a debt collection agency who bought the debt from my original creditor. I have paid a sum to them each month, there was never an agreement in writing and to be honest don 't remember receiving much from them in terms of paperwork apart from letters offering me a discount if I want to settle account in full due to be contributions to date. I have been dealing with them for some time and I believe I have paid over half of the original sum which was £4k. There was never an agreement of a set date each month or amount and I think anything was just verbal!!!! I have maybe missed a couple of months. I called up last month to make payment as I am off sick at the moment and sick pay has stopped and was told that I had defaulted on the arrangement and that their client was not wanting full payment...........advised I was not in a position to do this so they advised that I would have to pay the amount I pay each month that day and that they could then reset agreement. They asked when I was going back to work etc and another few personnel questions!!! I was then advised that since they took over this account I had defaulted 10 times!!!! I was horrified as didn't think I had an set arrangement everything has only been verbal. I don't remember ever receiving 10 official default in writing either. A couple of days letter I received what seems to be a standard letter saying I had defaulted on the arrangment and to contact office (think was sent before I called them). It wasn't a default letter like the one I originally received from the original creditor!!!

What I want to know can debt collection agencies do that and does this mean that I will have 10 defaults on my credit file from them. Also can your original creditor issue a default and then when its passed to debt collection agencies can they do this too??? Does debt collection agencies not have to give you an official default notice???

I have been hounded by this company they even call before I can call them to make the card payment, they leave messages and ask personnel questions. They also keep asking me to increase my payments to them even though I done this twice to keep them off my back!!!! I can't afford to give them any more and a couple of times have mentioned going to court. I got married last year and I'm terrified to tell them as they will chase for more money!!!

Sorry for the long post and all the questions but trying to get my head around all of this!!!

Thanks

Wickken

Hi Sharon30

My OH has had similar problems with a DCA so I can sympathise with you. Do you mind if I ask who the DCA is?

Sharon30

Hi

Of course I don't mind you asking, the debt is with iQor which was previously known as Legal & Trade

mrstheking

Can't really help here but we've got one of our debts with them...
we don't have a formal agreement with Iqor, don't think we do with any of our dca's? But I can prove every payment ever made as I set up the standing orders myself and have the bank statements to prove the payments have been made (I also have a simple spreadsheet set up which lists all our debts and keeps a track on how much we still owe)

If you could set up a so or dd then it might keep them off your backs (and avoid any missed payments)

Wickken

I have to admit that's not a name I recognise.

I'm not an expert but from my own experience of DCAs all they do is try to bully people and can be very unpleasant but he most part they all talk - trying to frighten people into making payments.

They also keep asking me to increase my payments to them even though I done this twice to keep them off my back!!!! I can't afford to give them any more/QUOTE]

As I have been advised on this website previously Pressuring people to make payments they cannot afford is against OFT Debt Collection guidelines and can be deemed harassment.

Stick with this website - the support and help you get is excellent it has really helped keep me sane. I'm sure somebody will come and offer you better advice than I can give.

Sharon30

Thanks for your advice!!!! Mrstheking I was actually thinking of setting up a standing order as I hate phoning as every month they ask me to up my payments again. It is my debt and do wish I could pay it of quicker but there isn't another option at the moment!!!!

Jesthar

Hi Sharon,

Just curious, you said you hadn't had much in paperwork off them, do you mind me asking what the original debt was for? With some kinds of debt if they cannot provide you with the correct paperwork then a debt is unenforceable and you do not have to pay them.

Just a note to the 'I owe it therefore I will pay it' advocates - I'm in total agreement with you there, and wouldn't have raised the question were the debt with the original creditor! But as this is a DCA, who were never owed a penny until they bought an existing debt for peanuts and are playing bully boys, why pay 'em if they're not entitled to it?

~Jes

Sharon30

The original creditor was The Bank Of Scotland for a loan!!!! I wish I just had the funds in full to pay it of so I could get rid of them!!! It is more the problems on my credit file I'm worried about incase they keep putting a black mark against my name!!!!

PNPSUKNET

They wont be default notices as such, they will be there version of payment late reminders.

Sharon30

Thanks thats good to know.............Have actually just got a copy of credit file and the default is due to drop off towards the end of this year as it will have been 6 years after original default.