Help needed please

really_fed_up

I took a loan out with Abbey now Santander but was made redundant two years ago. My PPI insurance paid out for a full year no problem.

i offered reduced payments but they wounldn't take less then £40 a month i stupidly agreed was on £50 a week jsa at the time. I stopped paying this after a couple of months because i was having trouble trying to pay it I then offered them £10 a month but their refused.

It then got passed on to Wescot i sent them the only contact me by writing letter which they have done since. With me still been on JSA i sent them an offer of £4 a month but they sent me an income and expenses form which i didn't fill in because i thinks it all personal information that their don't need to know and it doesn't inclued rent as a priority debt.

Last week i got a letter from Wescot saying they were thinking of doing a door step collection. I was going to send the don't visit letter.

but a couple of days ago i got a letter from Credit Security limited saying

re:WESCOT CREDIT SERVICES LTD -SANTANDER UK PLC

we have been instructed by our client to recover the overdue debt

We DEMAND that the sum stated be sent IMMEDIATLEY

your failure to comply could result in a debt collecter calling upon you for payment or a COUNTY COURT JUDGMENT been registerd against you.

Are Credit Security Limited juat another dca company can't find out much about them.

The problem i have shall i send them both the do not visit letter. I know the court can only give baliffs permission to enter peoples homes. but if it went to court would they send a baillff round. shall i send a new offer to Credit Security Limited

I live at home with my parents and two brothers and all i've got is an old xbox,tele,bed,wardrobes,clothes and a 125cc motorbike which is now only worth about £800.

It's not my stuff i'm botherd about it my parents and brothers stuff i don't want taking away. Is their anything i could to stop their stuff been taken:(

chevalier

As I understand it they can only take away things that are not necessities. So they could take your clothes. But could take the motorbike.

However we aren't at that stage yet. I suggest you write to Wescot and ask them what is going on. Ie have they passed the debt to this new company? If so you should make your offer to them.

Ref the threat of a CCJ. Well it depends on the amount that is owed as to whether this is just a threat or not. If it does go that far though, you need to make sure the other members of the household know about the debt issues so that they don't let the bailiff into the property unknowingly.

You could give CCCS or Payplan a call for advice. They have probably heard of this new company before

good luck
chev

Hannah_10

They can't take ANYTHING. They are not baliffs. Let me get that out right now and hit send, then I'm gonna feed my baby daughter and write you a longer reply. BRB

Hannah_10

This illustates perfectly why I hate DCA's. Your words are blue, mine are black.

I took a loan out with Abbey nowSantander but was made redundant two years ago. My PPI insurance paid out for a full year no problem.
In what month/year did you sign the initial loan arangement out of interest? Probably wont be relevant but I'll ask anyway.

i offered reduced payments but they wounldn't take less then £40 a month
They are preying on your lack of knowledge about the rules by SAYING they wont take less than £40 a month (on the phone no doubt, never in writing you will notice). The law says that if you send payment, however small, they can't send it back to you. It also says if you are paying it back at a reasonable rate (which actually is defined as £1 a month for a single person on JSA) then they wont be able to get any more. I'll come to that.

i stupidly agreed was on £50 a week jsa at the time.
You're not stupid. Cut that immediately. If you are then so is everyone else here because we've all got into debt, and so is Martin Lewis because he's got debts (mortgage and CC at least, he writes about it). The entire country has a national debt. And you wouldn't want to know what Mensa owe in invoices in any given month. Drop the self-abuse, it's not you it's them. I can't think of a better sign of intelligence than seeking out some advice here (or anywhere genuinely impartial).

I stopped paying this after a couple of months because i was having trouble trying to pay it I then offered them £10 a month but their refused.
You need to stop phoning them. They lie mercilessly on the phone (especially Moorcroft and Wescott I reckon) because they know that you almost certainly can't record it, and even if you could record it you would have to say you were recording it or you couldn't use it. That means they can say what they like and just deny it later. They will be as nasty as they humanly can to you too, if you haven't had a bit of a cry yet you're in the minority. Have a read of The Golden Rule and safe payments.

It then got passed on to Wescot i sent them the only contact me by writing letter which they have done since.
Good! See you're not at all stupid.

With me still been on JSA i sent them an offer of £4 a month but they sent me an income and expenses form which i didn't fill in because i thinks it all personal information that their don't need to know and it doesn't inclued rent as a priority debt.
Exactly right. Well done. They have no legal right to it, you are right it's personal. Rent as you correctly identified is an absolute priority debt. I'd love to pick that form over, I reckon I could find another black mark or two on it as well, just for fun. What they would have done with it is to phone you up and tell you frankly total rubbish about how thier debt is a priority debt, debts which are really priorities aren't, that you can't have any clothes until you pay them and blah blah blah. All total tosh and some of it outright illegal. File it and ignore. If it were to ever go to court you would take a SOA with you anyway

Last week i got a letter from Wescot saying they were thinking of doing a door step collection. I was going to send the don't visit letter.
Thinking of. Love that phrasing. And considering. And passed to our ____ team for evaluation. Yeah yeah yeah. It means we wont but we want you to think we will...

but a couple of days ago i got a letter from Credit Security limited saying
So Wescot thought about this doorstepping long and hard then. The sad thing is you didn't, drat! So now they have got all despondant and passed it to thier mates at CSL in the hope that a fresh letterhead will have the desired annoyance effect. Yeah yeah.

re:WESCOT CREDIT SERVICES LTD -SANTANDER UK PLC; we have been instructed by our client to recover the overdue debt
Our client. Love it. Pseudo legal again. They are a DCA not a solicitor. Even if they were a genuine solicitor so what, these companies have no more powers than you or I do as private individuals.

We DEMAND that the sum stated be sent IMMEDIATLEY
Ooh caps. Big and demanding caps, with hard to spell words like immediately. Hey ReallyFedUp, I demand you make me a coffee, immediately. What do you mean no? Don't you know my demand has an equal standing in law to CLS's demand? No it really does!

your failure to comply could result in a debt collecter calling upon you for payment or a COUNTY COURT JUDGMENT been registerd against you.
"Could" - read "wont". As for the CCJ, God that really is bovine and brown. Right how it works is I say you owe me money (remember I have as much right as they do) you say I can't pay it Hannah. I say right well I am taking you to court then. You say see you there. I put my case, you put your case. The judge decides if I am just being spiteful in dragging you there (I'll come to this too) if you owe the debt and if you do then how much you should pay and who ought to foot the bill for court costs. If the judge makes a judgement that you should pay, what with him/her being at the country court, this is a county court judgment- CCJ.
Now, there are a couple of things about this. Spite- if the judge thinks the creditor is being spiteful (vexatious) then he can rule against them on that ground only. Judges hate spite, it's boring, it's unjust and it wastes court time. So what's spiteful then? Taking a debtor to court who is already paying everything they can afford. What can you afford? Officially and legally £1 a month, end of. The only way a court decision is going to go against you is if you don't show, but you will. They'd play the odds of you now knowing your rights of course, and list it somewhere nowhere near you, that's alright- you can get it moved to your local court easy peasy. And you can turn up in leathers/textiles, it's not "real" court. It is because they know this, that they are not going to get themselves lumbered with costs in the first place. So actually, as long as you send that £1, it's all hollow scare. But you know now. Also you pay £1, not £2, not £4, one pound. This is because you are not going to let them bully you but more importnatly it is because you do not want to be treated like you are secretly a special case getting bailled out by a rich relative. Not for the sake of a couple of quid. It's £1 a month- fixed.

Are Credit Security Limited juat another dca company can't find out much about them.
Yes. If they were baliffs it would be very apparent from the following:
1. You would have been invited to court.
2. You would have ignored said invite.
3. A CCJ had to have been entered to say you had to pay the whole amount (only possible if you didn't defend).
4. You did not challenge the CCJ when you got the notification of that either.
4. You would have then ignored the CCJ until after the period for challenging was up and not paid anything either.
5. A baliff would eventually have been appointed.
If this was a baliff, you would know. You just don't seem the totally ignorant type.

The problem i have shall i send them both the do not visit letter.
You could send it to them both if it makes you feel better, but the rules say only one collector can be acting to recover a debt at any one time, so you actually only need to send it to CSL. Send it signed for (72p more than normal) because they are incorrigable liars and filing stuff they don't like straight under B for Bin is a favourite. It would be a dirty trick but... if you did send it to both (in your innocence of the rules and all that) and both replied, you can haul thier backsides in front of the organisations who enforce the rules, at least one of whom can award you £20 an hour in compensation for your time. Not bad for a job seeker.

I know the court can only give baliffs permission to enter peoples homes. but if it went to court would they send a baillff round.
Nope. If it went to court (which is pretty unlikely to say the least) you would defend. You would ask us how to, we would tell you how to, you will be found able to pay £1 a month tops and you will pay £1 a month. Simples. No baliffs. A baliff can't ever enter anyones home unless they do so through an unlocked door, an unlocked window or get let in on at least one occasion. So even if it really really came to that, you pop a note through the letterbox that says "I will only deal with you in writing thank you very much", that's basically it. Worst a baliff can reasonably do is auction the 125 and that's worth what at auction, £200-£250? It would cost them what to seize it? £200 ish. Your bike going anywhere you didn't ride is really far fetched. But you aren't to know that- that's how DCA Scare works y'see. Exploitative horrible crawlers that they are.

shall i send a new offer to Credit Security Limited
No! Send them a letter to say from now on you are paying £1 a month. Not as an offer. Not as something appologetic. As a simple bold statement of fact. End of story. If they wont let you set up a safe standing order (see the golden rule I linked) then you send it as a postal order, signed for. Or a cheque from someone else's name is fine- your issues wont overshadow thier credit record and the DCA can't steal from them. There are fees on a postal order, all in including postage it'll cost you about £2.50 to send £1 so it's annoying, but it keeps you on the legal highground.

I live at home with my parents and two brothers and all i've got is an old xbox, tele ,bed, wardrobes, clothes and a 125cc motorbike which is now only worth about £800.
The bike is an asset. The rest is household goods, not assets. Ask a bike shop to tell you the "book valuation" on your bike, I bet it's not even £800. Real world values and book values (usually Parkers) are a mile apart, especially on small capacity bikes (even further apart if it's 2 stroke). The lower the official value the less you have to worry about. It's not even worth a baliff taking it, if there was going to be a baliff, there isn't though, it wont get that far.

It's not my stuff i'm botherd about it my parents and brothers stuff i don't want taking away. Is their anything i could to stop their stuff been taken
What you mean apart from the Theft Act and the prison sentance that goes with burglary? No one, but no one, on the face of this Earth can take things which do not belong to you for your debt. Not a baliff, not even The Queen herself. If I took your brothers stuff from your house what would happen to me? Well it's the same for everyone else.


There is so much I could say, that's actually the short version, and I happen to be bearing a grudge against the DCA's about the size of Wales. If there is anything further I can help with don't hessitate to ask.

really_fed_up

Thank you for your reply

I didn't think i would get one at night with me posting late so i signed out also i'm using my brothers laptop which is why its a late reply.

I signed for the loan in may/june 2007

After reading your reply i'm going to send the don't visit letter to csl and after reading your golden rules and safe payments i'm going to pay a £1 a month through postal order ( i don't have a cheque book)

Is they any letter template for the i'm going to pay or will a simple

I'm on job seekers allowance so i will be paying you £1 a month do

Hannah_10

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php

Section 5, third one down, you are looking for the words "token payments".

RAS

Dear twits

Thank you for your communications; I have now had time to take advice on managing my debts. I have been advised that since I am on JSA, I should only pay £1 per month until such time as I am able to gain employment. I appreciate that your company may take legal action, but would still only be able to pay the same monthly sum. Please now remove all telephone numbers from my record and communicate in writing only.

really_fed_up

Thank you:)

That will be useful. I will also be sending them via recorded delivery

Culex

really_fed_up wrote: »

i will be paying you £1 a month

Can I have £1 a month too? :rotfl:

Hannah_10

No you can't Culex, s'mine, all mine!

Culex

RAS wrote: »

Dear twits

Rather than the more usual "Dear Sir or Madman"?