Debt Collection Agencies Questions

up_the_creek_5

Hello

I've been reading the forums on this site for a few weeks now & find it a great source of info. However, i have now realised i need to take my head out of the sand & sort my situation out. I have a massive amount of un-secured debt spread across 11 credit cards & 4 loans totalling about £84000. I have not yet done a SOA or contacted any advice agencies however, iwill be doing that soon.

However, i was wondering (i know this sounds a daft question) but do any of my creditors with regards the Data Protection have the legal right to sell my debt & personal n information to a DCA without my permission. Do i have the
right to insist on only dealing with the creditor.

Do i have the right to know the amount the debt was sold for.

Can i insist on only dealing with a creditor or DCA by post/e-mail as i do not want loads of phonecalls to my landline. Also i do suffer with a stammer & my present situation is making it worse, therefore i want to keep verbal communication to a minimum. My current phone package does have the facility to reject anonymous callers & bar last caller. Would it be a good idea to change my number & go Xdirectory.

Can creditors or DCA phone me or visit me at work, are they allowed to tell my employer?

Are they allowed to turn up on my doorstep, would this be classed as trespass & could i eject them from my property by force.

I just want to know what my rights are before i start the ball rolling.

Thanks

Turtle

I'm afraid I don't really know the answer to the above questions however your phone rejecting anonymous callers wont really help. I work in a bank and the number is withheld when phoning people. However we can put a code in that makes it not anonymous so the call can get past the barring.

Good luck clearing your debts, I'm sure some knowledgeable people will be along any time to help you.

MrsTinks

Lots of questions but yes they can sell your debt without your permission as soon as you fail to pay them or otherwise breach the credit agreement. Failing on your repayments would mean YOU break the contract.
I doubt you have any right to know what the debt was sold for.
I believe you can request they only contact you by mail and never at work, however don't count on them sticking to that... They could turn up at work or cal you there in which case you have to point out that they are breaking the regulations etc etc but the cat would be out of the bag.
As for the phone then changing your number without letting them know could be seen as a breach of your credit agreement with them too... I'd bar them or get caller display just incase they start calling.
As for at what point they would start sending someone out to yoru door I don't know sorry

Anyway chin up and go see the peeps at CAB, Payplan or CCCS and let them advise you

joolz43

The CCCS advised me that with unsecured debt no one can come to your door and demand money or property. The tactics of creditors is more about constant phone calls, letters and so people here have said, texts. The creditors take a dim view of you spending money on your card one day, then saying you are unable to pay them the next so beware of that.

My advice to you would be as tine says, ring the CCCS or Payplan. You can get some advice, which you can follow or not as you wish. With that level of debt though you need to do something soon!

up_the_creek_5

Thanks for the info

I am not trying to avoid my creditors, i just don't want other people or my employer to find out. Due to my circumstances i have to live with my mum & i don't want her bieng bothered with the phone always ringing & possibly visits from collectors; she is not in the best of health & would worry if she knew. So would i be within my rights to change my contact details without telling them as long as i provide alternative methods of contact.

With regards work i am employed as a Civil Servant for the MOD. If i was bombarded with phonecalls at work (as i know some of my creditors have my work number & address) as i work in an open plan office i would probably be overheard.While the thought of a collector turning up in person is a nightmare situation. If my employers find out the amount of debt i am in their could be a possibility of losing my job. I am contacting my union to find out what might happen.

Thanks

file_wizzard

up_the_creek wrote:

However, i was wondering (i know this sounds a daft question) but do any of my creditors with regards the Data Protection have the legal right to sell my debt & personal n information to a DCA without my permission. Do i have the right to insist on only dealing with the creditor.

if the debt has been legally assigned ( of which you should have been informed) then they are within their rights to pass all data to the assignee, you would of agreed to this within the original T&C’s, it is a standard clause

up_the_creek wrote:

Do i have the right to know the amount the debt was sold for.

NO this is not personal data under the provisos of the DPA, and could be considered “commercially sensitive”

up_the_creek wrote:

Can i insist on only dealing with a creditor or DCA by post/e-mail as i do not want loads of phonecalls to my landline. Also i do suffer with a stammer & my present situation is making it worse, therefore i want to keep verbal communication to a minimum. My current phone package does have the facility to reject anonymous callers & bar last caller. Would it be a good idea to change my number & go Xdirectory.

Yes, you should write to the creditor / DCA and inform them of this request

up_the_creek wrote:

Can creditors or DCA phone me or visit me at work, are they allowed to tell my employer?

not without your permission

up_the_creek wrote:

Are they allowed to turn up on my doorstep, would this be classed as trespass & could i eject them from my property by force.

If they really wanted to yes, although this is unlikely, with regards to trespass this is not a criminal offence so all you could do is ask them to leave, if they refuse then force would not be acceptable, you should call the police and state that you believe a breach of the peace will occur if they remain, the police would then advise them to leave.


With reagrds to the debt itself, i woudl strongly recomend you contact the CCCS or Payplan ASAP

Dr.Shoe_2

If they phone you, just refuse to speak to them.