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5 creditors-1 debt
McDEBT
Posts: 5 Forumite
Need help please!!
I have a credit card debt for aprox £3500 which I have been paying for the past 3 years from £20-£50 a month.
I now have about 5 creditors chacing me for the same debt!
One of these I have ask to provide full details of debt, another I have provided the past 3 years bank statements showing payments made and a third creditor has been awarded a judgment and applied for an attachment of earnings without my knowledge. The other two have not contacted me for some time.
Do I have a right to appeal against this attachment?
What should be my next steps in finding out which of the 5 creditors
I should be paying?
Thanks in advance for any help!!
I have a credit card debt for aprox £3500 which I have been paying for the past 3 years from £20-£50 a month.
I now have about 5 creditors chacing me for the same debt!
One of these I have ask to provide full details of debt, another I have provided the past 3 years bank statements showing payments made and a third creditor has been awarded a judgment and applied for an attachment of earnings without my knowledge. The other two have not contacted me for some time.
Do I have a right to appeal against this attachment?
What should be my next steps in finding out which of the 5 creditors
I should be paying?
Thanks in advance for any help!!
0
Comments
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Who are the firms chasing you? It may well be that several of them are actually linked. Are they all asking you to pay them directly or are any solicitors telling you to payone of the others?
Who are you paying?
Whenever someone new suddenly contacts you to ask you to start paying them then first thing to send is the prove it letter and ensure you get proof that they are entitled to the money from this debt. They should be able to show you a notice of assignment from the original creditor/previous DCA.
With regards to the creditor who has got a judgement against you - did they send you court papers in the post? do they have a current address for you?
You may possibly be able to get the judgement set aside if you were not informed and had kept the creditor up to date with your current address.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdfPhysical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
c. using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties
If its the same debt they should use only one company!
You should submit a complaint with the original creditor, and probably with the OFT/FSA to back you up.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks for replying!!
It seems that they are all chasing the same debt and I can only assume that the debt has been sold or passed
to another company. They are all asking me to pay them directly.
My first knowledge of the judgement was this tuesday when I received a notice of application for attachment of earnings.
I have not received any other court papers.
My address is known and correct as the application for attachment of earnings came to my address.
How do i get a judgment set aside??0 -
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
Some info hereA smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
Thanks for the info.!!
One of these companies would phone me every month and tell me that my payments of £50 a month
were not enough and I must pay more. When I refused they got all shirty with me saying I must get a loan or borrow the money.
At first I was quite polite and reminded them that as I had been paying for 3 years without missing any payments and having
Increased my payments from £20 to £50 a month any court would decide that I was making a reasonable effort to pay off my debt.
They then got all nasty and said that as I am requesting to stop payments and take it to court then thats what they would do.
I made it clear that I did not intend to stop making payments but also that I could not afford to increased my payments and any
court action would be their choice and not mine.
This happned every month for about six months until I had enough. I had saved their phone number in my phone so I knew who it
was when they rang and whenever they called I meerly said that I was not prepared to discuss my payments as I considered them to be
reasonable and regular. The calls stopped.
This company was Wescot Credit Services. They then wrote to me threatening legal action as I had apparently not paid them at all.
When I rang them they said they had no records of payments and this is when I sent them copies of my bank statements. ( cost me £10 to get them)
Ive rambeled a bit. Sorry!!
I will look into submitting a complaint and get on it asap.
Thanks again!!0 -
Borrow more money....
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdfPhysical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
b. pressurising debtors to sell property, to raise funds by further
borrowing or to extend their borrowing
That is against the guidelines. Report them all to OFT.
In addition use letters to force removal of your telephone number - http://forums.moneysavingexpert.com/showthread.html?t=1837507Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Now that is very helpful!!
Ive just read the oft link and the section Physical/psychological harassment is EXACTLY what they have been doing!!
So now I will make a complaint.
Thank you so much!!0
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