debt collection

ravenlooney

HI everyone,
I posted here in a panic about my debts over a year ago. Since then, hubby has got a job and im now making (very) reduced payments to my creditors. Theyve all been ok about really, except for my Cahoot debts. First of all the debts (loan and credit card) went to Moorcroft debt collection agency. They refused all of my payment offers and demanded much more than I could afford, which I didnt pay of course! Then it seems they got passed to Debt Managers ltd for the loan and Equidebt for the credit card. Neither companies took any notice of any offer of payment, didnt even acknowledge them, just kept writing and threatening to come to my house and take me to court. Now today ive had a letter from Scotcall for the credit card, saying that the debt has been placed with them and they'll be coming round to see me!

Now, what I want to know is, why all these different companies, and who do I actually owe the money to? Does Cahoot sell the debt to Moorcroft who then sell it on to others or are they just working for Cahoot or something? And how do I get them to listen to me and accept my payment offers before I have a breakdown??!!!

sorry for rambling, but its been a stressful day

CLAPTON

i'm slightly confused but is this the situation :

you have some debts that your creditors have agreed reduced payments which you are now paying

cahoot and various agencies have not agreed any payments and you are not paying anything..but they are writing to you which you find stressful.

why dont you simply write back something along the excellent posting of
harassed to establish if you owe then a debt (after all, how do you know they are legit). frankly the worst they can do is to take you to court. if you can show the judge you have tried to make reasonable payments then you will probably be ok. we are talking all bark not bite.


anyway harassed note goes like this

I do not acknowledge ANY debt to your company or your client. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

ravenlooney

Thanks for this Clapton. I have been making payments to the Cahoot debt, but didnt last month as im not really sure who I should be paying to! Does anyone know the Act to put in the letter if its NOT fixed sum credit, as its a credit card and flexible loan debt. And what can I write to ascertain whether they have bought the debt or are just acting on behalf of Cahoot (im not really good with 'official' letter writing) and whether they do have the authority to claim the money from me.

poshgirl

Help please.....I have been bombarded with letters from Equidebt - re an Abbey loan - today I got a red one which threatens that thier solicitors are ready to issue Legal Proceedings against me.
My problem is that Yes I did take out a loan with Abbey many years ago - I no longer have any paperwork and cant for the life of me remember how much the loan was for - I think it was for about £6000.... and Abbey offset by taking £2500 out of my bank (same bank), without informing me against the loan. As far as I can remember I thought the loan was all paid up. I havent heard from anyone to contradic this and have had no contact for at least 6 years. I moved house in 2008 and now have started getting these letters claiming I owe £6000. What do I do? Abbey no longer exist - do they? If I owed anything why has noone ever written to me to tell me thus or informed me that the debt was sold on and to whom. Where do I go from here - I feel faint all the time over this.

bottleofred

Hi Poshgirl,

If the debt is over 6 years old it may be statute barred. A debt becomes statute barred after 6 years from the last payment and also if no written document acknowledging the debt has been sent or signed by the debtor. The best thing for you to do initially would be to get a copy of your credit file which you can do online free with a 30 day trial to see if there is a default for this debt on your file. The company may issue legal proceedings, but this is normally an initial scare tactic to get you to pay. More information is required though regarding when the debt was taken out etc and you should find out the date of any default that may or may not be on your credit file. Debt collection agencies often try to collect debts that are close to or are statute barred as they are more than 6 years old, but you need to check your credit file and more information can then be provided.

Bottle of Red