Help- i'm in over my head

mrcow

They can call you as much as they like - until you tell them not to.

Once they have had a formal request to stop calling you, they are in breach of the 2003 Communications Act if they continue to do so (which is punishable by being fined or even imprisonment).

Write to them the following (or thereabouts) and fax it to them if you can and also send it registered post immediately:

Dear Sirs,

I am writing to formally request that your company stops contacting me by telephone with immediate effect.

Please ensure that all future correspondence is directed in writing to the above address.

Refusal to comply with this formal request will be reported to the relevant authorities.

Your sincerely,

If they then call you again once this letter has been received (and you have proof of receipt) then next time they call, refuse to speak with them, calmly take down the name of the caller and then tell them that you are reporting them to the Ofcom and the OFT for starters as they are in breach of the 2003 Communications Act.

If they call again after that, tell them that you are also now reporting them to the police for harassment.

mozzyc

Let us know how it goes, and if you have any more questions, just ask, we all have experience behind us in dealing with different situations

DizzyLady_3

Hello,

Thanks to everyone for all imput- the swines never called! I cant believe after all the threats and worry they never called.

I will ring them in the morning, they open at 8 so i will ring them then.

I do feel a bit easier about the whole thing after reading your various replies, and having read some of the boards on MSE i feel quite humble, £4500 isn't a huge amount in the whole grand scale of things, but i just feel so let down by the whole thing and in some ways feel that, yes some of this is my fault, if the bank had done the right thing in the first place i doubt i would be in the prediciment now.

I know i'm ranting a bit, but we dont have holidays (cant afford) and we dont have shiny new cars (dont want the HP but cant afford anyway) and we dont go out very much (vouchers are a god send LOL!!!!!) but yet these fat cats who in reality do very little and get paid whopping salaries for nish. I wish they could walk in the normal folks shoes just a few steps and see whats what.

I will post an update and tell you what they say tomorrow.

And sincerely, thanks to everyone for their words of wisdom.

DL xx

DizzyLady_3

Hello,

I have called them and asked that they send me the statement they are requiring me to fill in through the post.

He got a tad awkward but i stuck to my guns and he agreed, although he did seem reluctant. I also asked that my file be updated to show i wanted all contact to be made through the post, is this enough or do i need to write to them to request this in writing?

Also, when this statement thing comes through can i ask for help on here should i need it?

Thanks
DL xx

mrcow

No - write to them. And recorded delivery.

If you don't, you have no proof of the request.

PS. Of course you can get help here - that's what we're all here for - to help and support each other

DizzyLady_3

Just had another call from them, argghh!!!

Basically they cant send anything in the post but i can write to them. So what i agreed this time was that i will do this statement thing and post that on Monday, give it a couple of days to get there and then i will ring them Thursday morning and ensure that they have it.

From there it will be agreed on a payment amount (i will ask that they send it in writing also) and then i will set up a standing order. Also at that point my proposed payment of £150 will be due so i could pay that at the time, dependant on them accepting it.

Does this sound above board or are they preying on my naivity? I'm so confused!

I hate the RBS!!!!

Tixy

Well they could have sent something in the post I am sure but other than that it sounds ok.

If you are unsure about the statement then if you want to post it on here before you send it someone will look over to make sure its looks okay - from you post #4 above where you say you have £150 for food, petrol etc I would break this down into detail so X for shopping, X for petrol, X for car maintenace, insurance etc.

mrcow

DizzyLady wrote: »

Just had another call from them, argghh!!!

Basically they cant send anything in the post but i can write to them.

That sounds like a load of old clap trap.

They haven't even clarified to you what it is that you are doing this for? I wouldn't be giving them anything in writing - certainly not any personal information on my financial affairs!

Go back to my first post and work your way through it - starting with requesting from them a complete breakdown of the account and a valid, SIGNED credit agreement with the APR clearly stated.

If they can not provide you with this, then they are in trouble.

Do not send them any personal information at all - it is none of their busisness what you incomings and outgoings are unless they can provide written proof of what you owe and that you specifically owe it to them. The only reason to complete a financial statement was if they were going to negotiate a payment plan - at the moment, they can't even tell you how much you owe!

DizzyLady_3

Hello,

I know what i owe- it's £4500 for a RBS loan that RBS cocked up, and whilst i admit that i should have been more vigilant i was niave enough to believe that a high street bank would be working for me rather than against me.

That figure is the full amount, as stated in one of the letters Apex sent me. There was no mention of any other charges- is this something i need to double check?

You have me worried now!

Also the other thing is, i read somewhere on here that it wasn't a good idea to pay by debit card- why is this? Isn't this a safe way?

Thanks
DL xx

mrcow

But how can you still owe the whole amount when you've already made payments? Did you stop making payments completely? How long had the loan been going by then? You need to get a statement on it to find out what has been charged and why.

Paying by debit card is not good as you are relying on the debt recovery company to take what they say they are going to take. Do not trust them. Pay them by cheque until things have settled down. If you doubt my advice, have a look around on some of the other threads on here where others have fallens foul of this.