DCS contact via telephone - Anything to look out for ?

sportbeth

Yay! Hopefully you'll see that they are talking entirely from their backside then!

waveydave

Bit of an update on this lol.

A "NAmed" person from 1st Direct ( as opposed to just 1st direct) called me on saturday morning - I was out so my wife said i would call them back.

I called the person this morning and suprise suprise he was unable to take the call so was handed over to another monkey wth a computer and a set speach to make.

He covered EXACTLY the same ground as the previous person i spoke to did and there was nothing new said other than when i explained that i believed the call was mearly an excersize in harrasing and hassling me into paying more than i could afford to pay per month and how i thought they were cutting of their nose to spite the face by not taking SOMETHING now with a view to upping the payments in a few months time. I then asked for all future correspondance to be in writing and his reply was a classic:

"There will be no future correspondance as you are refusaing to pay i shall pass this immediatly over to our solicitors to proceed through court"

OH REALLY !!!! I said ok but cant help thinking at the back of my mind that in the previous phone call i was told that there will be a further two letters from First Direct before it went to solicitors so if i could afford more in the next month or so i should be ok.

Ahhh well - ill keep you all informed of the 1st Direct Saga

waveydave

Oh and he also started asking me if i was teh sole owner of the house, How much money i earned ( none im a stay at home dad lol), how much the house was worth etc - this i personally think was to maybe scare me into thinking they will "have my house" if i dont pay them what they want

waveydave

After a bit of advice as to where to head with this one please.

Essentially - amount owed £2400 amount i have offered to pay them is only £5 per month

NOW i know that isnt a lot but its what everyone else is getting untill i start work again in a couple of weeks time at which point ill be paying smaller debts off and increasing payments to the larger ones.

anyway - despite two letters sent to them and two fruitless phone calls they REFUSE to accept my £5 even though i have clearly stated i will pay more as soon as i can and they will only accept payments of £27.97 per month from me
NOTHING ELSE - apparently


SO - where do i go from here - i DO actually want to pay the debt, i do want to get a payment plan going with them and all being well i would be looking to clear the debt in full early next year. I have had a look at the national debtline letter templates and there isnt really anything that fits ( unless someone can link me to one ive missed) SO ........

PLEASE..... give me some of your gems of wisdom lol

rog2

Dave - are you talking to CCCS or PAYPLAN? - They could absorb much of the brown stuff that you appear to be getting from these insensitive sadists.

waveydave

rog2 wrote:

Dave - are you talking to CCCS or PAYPLAN? - They could absorb much of the brown stuff that you appear to be getting from these insensitive sadists.

Im not ( at the moment) and its something i want to avoid if at all possible. I dont have a problem with what they do but its the weird feeling of whilst im dealing with it im IN CONTROL - if i hand it over to a dmp such as CCCS et al then i get the feeling i will lose that control. I know that thats not true in the literal sense but at the moment out of 18 debters ( all but 3 sub 900 quid) 11 have said yes to a token payment a month, 6 havent contacted me ( but to be fair they are ones i only owe £50 - £100 to) and one - First Credit arent - playing ball at all.

where as once all letters went straight into the drawer, a lot of the time without being opened lol, i now look forward to the postman coming with the thought of "whats the challenge for today"

Anyway - thats why i havent considered the above yet

immoral_angeluk

I can't believe they're being so underhanded and blatantly lying to scare you into paying! It's such a good job you know your rights as any old John Smith would've bee scared into paying the extra even when they couldn't afford it long before now!!!

waveydave

immoral_angeluk wrote:

I can't believe they're being so underhanded and blatantly lying to scare you into paying! It's such a good job you know your rights as any old John Smith would've bee scared into paying the extra even when they couldn't afford it long before now!!!

well im relatively confident that i have done my sums correctly and if they were to take me to court then the judge would see this and side with me as at the very least ive "tried"

Obviously if there is any legislation or anything i can catch first direct out on before its gets to that stage then all th ebetter

two can play at being gits lol

waveydave

I have recieved another letter from them this morning - well actually its from their solicitors - LCS Solicitors - which basically says unless payment is made in full within 14 days we will issue proceedings for recovery, and they will include statuary interest and solictors fees etc in the claim.

BUT it also says dont contact us about this matter ( ie LCS) and please contact first credit immediatly by telephone ( which im not gonna do as i stated in my last call that all contact should be by letter from now on)

They do like trying to hassle you on the phone dont they

waveydave

(Sorry for loads of posts lol)

Found this lettertemplate which may, or may not be usefull in these circumstances:

Thank you for your letter of 30th october 06. We are very disappointed that we seem unable to reach a satisfactory compromise in this case.

As we have already explained, we can only afford £5 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in correspondence your intention to commence proceedings in the county court against us. The commencement of legal proceedings under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably…….. In trying to avoid the necessity for the start of proceedings”.

We would suggest that your refusal to accept our offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.

The offer of £5 is of course still open to you to accept and i have enclosed a cheque for this amount as a gesture of goodwill and to show willingness to pay.

Yours faithfully

What ya reckon ?

Too full on or fair under the circumstances ?