Eversheds/Fairfax Problems

Wkdwill

I have a payment arrangement with Eversheds (now Fairfax) to pay off some old debt of mine, I am in no way avoiding the debt, I have made many mistakes in my past with running up debt etc and I just want to get it all paid now, which is why I have always been upfront with them, always informed them of any problems I may have paying etc.

Anyway, in the last 6 months we havent had a lot of luck, my husband lost his job, then couldn't get any work and has had to stick with an agency to find him work, which hasn't always come through, the first 2 weeks of December he didnt have any work at all and then the 2 weeks upto xmas and a week after he had plenty, but for the last 3 weeks he has only worked 3 days a week at the most (only done 1 day this week).

Im not working at the moment, I had a baby 5 months ago, I have been looking though, we both are! I have explained all this to Eversheds, we couldnt pay the full monthly amount in December, but I paid what I could, then in January I paid the full monthly amount (I couldnt afford to pay anymore though), but now as I am behind I am getting calls everyday at the same time, 8.05am on my mobile and then at 8.10am on my landline, the calls are made by different people though.

I have explained to them that we have no money and that I cant possibly pay them anything if I dont have anything, I dont have any friends or family who can pay for us either, but they dont care, they want me to give them a date when I can make a payment, which I just cant do, I cant predict when my husband will get work, when we will be offered jobs etc.

They are threatening me with bailiffs and court action now, which I obviously dont want, im selling as much items as I can, but I dont have a great deal, I dont have any games consoles, we dont own a dvd player, im getting landline, internet and Sky all disconnected in the next week (when the contracts are ending).

I just dont know what to do, any advice would be very much appreciated.

I appologise for any spelling mistakes.

DarkConvict

You pay what you can afford, and that is that.

Bailiffs are only used if you fail to make payments on a CCJ, as such you have to goto court first to get a CCJ. A Judge will award the CCJ to be paid at an amount you can realistically afford per month, where income varies alot you put in the lower amounts of your income, and bring proof such as bank statements for the judges eyes only, the creditor does not have to see them.

Below is OFT Guidelines, you pay what you can afford

2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so

JamieT1977

use DarkConvict's advice and use that to write to them, telling them you are aware of your rights and the fact they are not complying with OFT Guidelines. Also mention you want all dealings between you and them to be in writing, and they are to cease phoning you. If they continue to phone after you requesting they cease you have grounds for a harassment case.
If they used the phrase "bailiff" then they are trying to give a false impression of authority (this goes against OFT Guidelines) only a court appointed person can be called a bailiff. DCA'S are not authorised to do so. What they mean is a Doorstep or Field Collection agent. They have no right to enter your property or indeed "your estate" so you they turn up you do not have to speak with them, politely ask them to leave otherwise you will call the police as they are trespassing. Do not enter into an verbal agreemnet with anyone who comes to your door, as mentioned insist in written dealings.

JamieT1977

here is a template to use if you ask them to stop phoning and they continue....

Company Name
Road
Town
City / County
Postcode



FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.


Account Number: XXXXXXX

Dear Sirs,

This letter is not an admission of liability of any alledged debt to your company or client!

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

Furthermore, please note that the FOS consider it 'unfair'for you to continue with phone calls when requested not to do so.

FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

This request supersedes any contactual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.



Yours faithfully,

Ms A.N. Other

mr.ton

Fairfax are a bunch of clowns..im dealing with them myself at the moment - they try & bully a payment out of you.