Where to start?

FOXGLOVE_2

I have decided it's time to tackle the debts that I have following me around.

I've had my head in the sand for some time and now I'm getting letters and phonecalls which are starting to really bring me down. I have two debts with LTSB.

One is a credit card which is around £3100 and the other is an overdraft of about £2000. The debt has been passed from LTSB to debt recovery agents, names such as Westcot, Apex, Credit Security.

I've tried to do some homework on where to start. My financial situation hasnt improved much and although id rather set up something to pay every month, the last time I tried to do this they talked me into paying a lot more than I could afford. I've read on some other forums that if they cant provide a copy of the original credit agreement that I am not obliged to so as they are demanding. How would I go about this? I'm getting phonecalls nearly every day on my mobile (they must have the number from when I tried to sort this out the last time) and now I have messages on my landline for the first time. I get letters a few times a week and they threaten doorstep collection etc but to my knowledge have never sent anyone round. Is this just a scare tactic?

Already having a rough time with my OH and these phonecalls and letters are not helping so I want to either set something up that I can manage just to stop them calling etc. or find out how to get them off my back.

tealady

Hi
If you want copies of credit agreements then there are standard letters you can send (think they are in the stickies at the top).
Also if you do a statement of affairs and post it we can perhaps suggest the best way forward for you.

bottleofred

Some companies will threaten doorstep visits as a scare tactic, but others will actually send debt collectors etc. I'll put a letter you can send to refuse doorstep visits below. Regarding the phonecalls, I'll put a letter for those below also, as it can get annoying. Debt collectors try to bully, harass and threaten people into paying more than they can afford and thats why you only deal with them in writing. If they phone again, don't go through the security check, tell them you only wish to be contacted in writing and hang up. Send the letters via recorded delivery.

Good luck



Red
Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully
Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully