Trying to sort out creditor payments

elfen

At the moment, I am trying to sort out payments to the three creditors I have, all of whom use Lowell as their stupid serivce (one set up by Red, one of their "collection companies") I refuse to give email or telephone details, as I have BPD and psychosis, and can do without someone phoning me 20 times a day hounding me, as last time this happened I had a nervous breakdown due to stress.

I HAVE tried to set them up. On Thursday, the first payment was due (£5) which Red haven't taken out of my account as they set up the DD incorrectly (set for £0 instead of £5) Now Lowell are refusing to let me set up payment plans for ANYTHING and want the full balance of everything, which I just can't afford. I get barely any money as it is a month, and I can't afford almost £500, as it means I have nothing to live on.

I'm sitting here nearly crying and shaking as I can't deal with the stress and the hassle of phoning them and getting berated down the phone by their abusive members of staff. What else can I do?

bank_of_slate

Hi elfen :grouphug:
You will get through this, I know it's really !!!!!! right now but keep telling yourself that this too will pass.

They cannot have what you don't have! full stop, end of argument. Write that down on a card and keep it by the phone to remind yourself!

They cannot telephone you so many times a day as this counts as harrassment, use the letter template posted on the daily chat thread and when they do call say 'I will only deal with this via the post' and hang up, don't even give them the chance to start.

Keep a record of when and how often they phone and what is said.

Keep all letters, instead of the DDs can you post a cheque along with the letter as a token payment?

DON'T LET THE F*CKERS GRIND YOU DOWN, THEY HAVE NO RIGHT TO MAKE YOU FEEL LIKE THIS!

Debt Collection Agencies may threaten all sorts but they have no powers! Don't let their empty threats scare you.

Keep talking on the forum, we will help and support all we can.
...Linda xx

BeautyandtheBeast_3

No advice hun jut lots of HUGS xx

Jesthar

Hey elfen

*hugs*

Personally I wouldn't trust DCAs with Direct Debits, too many opportunities for them to 'accidentally' get it wrong (as you have just discovered) and use it as an excuse to harrass you/take more money that you agreed. If you are decided about paying them, could you set up standing orders from your bank accout instead, as you are in total control of those, unlike Direct Debits? I can do this in minutes with my online banking. You would also need to contact your bank to tell them to refuse any future DD requests from Lowell etc. in case they try to take more money.

I don't know if these accounts are something you could do a CCA request on (credit cards, catalogues etc.)? The grief they are giving you they deserve to have their authority to collect the debt challenged - after all, you never owed THEM a penny until they bought the legal right to enforce your debt (probably for pennies), so if it turns ot they don't HAVE a legal right to collect it, why pay them? I'm all for paying original creditors, but DCAs are another matter entirely...

Oh, and slate is right - don't deal with them over the phone, do it in writing only. If you tell them you no longer wish to be contacted by telephone then they are legally required to stop calling, and you can report them if they do call. There is a standard letter you can send them to order them to stop calling you in the fourth post of this thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Send it by recorded delivery so they can't deny receiving it, and type/print your name rather than signing it, just in case they decide to try forging your signature on things (rare, but it has happened:mad:).

*hugs* again - hang in there, and keep coming here for all the help you need!

~Jes

elfen

How do I do a CCA request on them? It's possible there would be some money there (ones for Halifax, ones for Capital One) and it would probably pay most, if not all, the debt off.

bank_of_slate

If you've acknowledged the debt already I'm not sure that would work, this is mainly when these DCA's contact you out of the blue with an old debt as I understand it,
I could be wrong (it has been known :rolleyes:)
...Linda xx

gargrave50

I've had a look on the CCA successes thread, and there seem to be plenty of people paying debts via DMP's who are having success with this - so maybe despite acknowledging the debt you can still request this?

Jesthar

Well, firstly we need to know what the debts are for, as only certain ones (credit cards, catalogue credit accounts etc.) can be CCAd. A full Statement of Affairs would help, too, as it lets us see where else you could save some pennies.

If some of these debts are credit cards, then you send a CCA request by recorded delivery to the agency trying to collect the debt, including a £1 postal order (not a personal cheque because of the signature required on it, and remember to only type/print your name on the letter, not sign it). A template letter for this can again be found in this thread, post 8 this time:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Remember, even if you have made payments to them, if you request the CCA and they can't provide it within the 12+2 working days demanded by law, they can't legally demand any more money off you. They may try and tell you otherwise, and that because you have 'acknowledged the debt' in various ways you owe them the money anyway, but if they can't produce a valid copy of the CCA, they are stuffed and they know it - it's all bluster and bullying.

~Jes

ALIBOBSY

bank_of_slate wrote: »

If you've acknowledged the debt already I'm not sure that would work, this is mainly when these DCA's contact you out of the blue with an old debt as I understand it,
I could be wrong (it has been known :rolleyes:)
...Linda xx

No Linda this is the sort of thing the DCA's tell people to get them to pay, you can challenge their rights to collect at any time. Acknowledging the debt by paying only effects ths statute barred time clock, it doesn't make an unenforcable debt, enforcable.
Maybe it was the statute barred thing you were thinking of?

For the OP DO NOT SPEAK TO THESE LOWLIFES ON THE PHONE EVER!!!

Even the debt charities advise this. It gives them a chance to lie, threaten, bully and harrass you. You need to stop being scared of them and empower youself, they are all scum and have no power over you. From what you said I think you are calling them not the other way, so stop ASAP.

Even if you intend to pay do the CCA requests as it gives you a strong position to negotiate payments and or full and final settlements. It also gives you back the power and you stop being scared of them (been there done that).

good luck and don't let them grind you down, the absolute worst they can do is take you to court, you defend and even if they manage to win (unlikely if they have no enforcable agreement) the judge would never ask for more than you can afford, unlike them.

If the amounts you quote in you sig are the outstanding I doubt they would bother to take it to court for such a low amount. They may well have "accidentally on purpose" got the DD wrong so they can push for full payments. RED Lowell et al are all in the same building, just different names for the same people, another dodgy tactic thes scum use.

ali x

PARIS_5000

I would not phone Lowell deal with them only in writing and your debts are quite small so try not to worry. I would set up a standing order which they cannot not stop because it for a set amount and you can control it.

Good luck

d1999

hi can anyone help i am having trouble trying to set up an arrangement with mbna after months of offering them fifty pounds a month only if they froze the interest. at one point they did agree but verbally. the next thing i get a statement along with a late payment fee and more interest added. so i phoned them where they told me that they are refusing my offer i was so incensed by this i told the operator that i was not going to pay another penny. and they could take me to court since then by refusing to pay i am playing right into their slimy hands or so ime told but do keep making payments only of what i can afford and sent it along with a covering letter explaining my situation and there is nothing they can do apart from sell the debt on is this right as i have a mortgage since then i have received a letter explaining that unfortunenatly from time to time that letters etc do get overlooked. it wasnt an apology it seemed more like they where covering their back just waiting now for their next move. any advice. thanks