Regal Credit and DCA options

James3891

Hi ,

Just been trying to sort out the last few amounts my mum owes having nearly cleared mine and didn't realise it was in such a mess.

Basically my mum had a letter from Regal on behalf of Barclays from an overdraft debt from 2007 it seems that got forgotten under much bigger debts as the amount is £1100.

As we did with a few other smallish DCA debts i spoke to them and offered a final payment myself and most settled for about 30% of the debt.

I said to Regal you can have £250, with £350 set as maximum but they wanted £810 so they said the account was about to leave them and go to a Scottish Company who use door step agents and who are known for being 'a bit rough'.

My mum then offered £25 a month and said she'd send the offer in writing but they declined saying they'd need proof of income to only pay that amount, but my shares an office with 1 number and can't have them contacting her at work or her mgmt , she has a very data sensitive job also.

Do they have to accept any final offer of a certain amount or can they ask you to prove your income? They are the most aggressive DCA i've come across so far , shall we let them send it to this new company (i bet its the same company ) and offer them a settlement ? Even Mack Hall have been easier to deal with.

Thanks,

James

Jesthar

Hi James,

Don't let their threats scare you, any door step agent they did send would have as many legal rights as the paper boy - i.e. none at all.

If they or anyone else threaten door step visits, send them the following letter, amend it to suit:



Dear Sirs,

Ref: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

<print or type your name, don't sign>


~Jes

Tixy

Unfortunatley they don't have to accept any final offer. If you are talking to them by phone I would stop that immediatley and ensure all communication is in writing. If they have your mums home number, tell her not to confirma security details with them and to tell them to send everything in writing. If they continure to call she can send a telephone harrasment letter.

Have you asked them for proof that this debt is owed? (they should provide a notice of assignment) - if you haven't there is a template you can use. They may start to realise you are taking advice and can't be bullied (well we can hope).

Only a court can demand to see proof of income - they could try to get a CCJ to get more money but its unlilkey as it would cost them too much and the judge might say your mum can afford even less that the £25 she offered.

With these people its all about intimidating and bullying you. You mum can only pay what she can afford each month and should resist all attempts to make her pay more than this.