I think I've done something stupid re Direct Legal and Collections

biggady_bong

I need a bit of advice. Basically, these bunch of parasites contacted me in July re a debt from when I was 18 (now 24) for a car I bought on HP in which my late father was the guarantor. It's not disputed, I did owe the money but the amount is ridiculous! The debt is for circa £2.5k and the purchase price of the car was £2995 and said car was then repossessed at my request as I couldn't keep up the payments and sold on at auction, which brought the price down. I did make payments for a few months until my psycho ex decided to demolish the car. Anyway, my question is to do with the conduct of the person who contacted me by phone (no previous letters etc).

The conversation went something along the lines of "Hello, is that ......" "yes, speaking?" "Hi, I'm blah blah from Direct Legal and Collections. I'm phoning regarding a debt we have been advised to claim by GMAC services totalling (circa £2.5k). Are you aware of this debt?" I played dumb, didn't know a thing. It took some time to think about considering the fact that at the time I was busy arranging my grandmothers funeral with my Mum. I told him now wasn't a good time to speak, I got very verbal with him as I was upset with him contacting me at such a crappy time in my life (my nan was like a 2nd mum to me) and the whole phone call lasted about 45 minutes. I told him it was statute barred and he told me It's not statute barred now because I've just contacted you Hmmm? After 45 minutes and wanting him to get off the phone, I gave him my bank details to set up a direct debit. I've paid monthly since July @ £30pm. I cannot afford it and the thought of paying off this until 2 weeks after my 30th birthday fills me with dread. What are my options?

Could I contact these w*****s and see if they'll reduce the payments? Stop my DD as the amount of the debt is in dispute (I know I owe the money, just definitely not that much!)? Obviously I'll have to wait another 6 years for it to be SB which I'm not willing to do. I'm fed up of hiding and keeping a low profile!

I'm thinking that me even starting this payment schedule with them makes me look as if I've accepted the debt and the fact I'm starting to wonder 5 months later is that it's been a difficult time and I'm now wanting to get my life back on track. I can't afford these repayments. I have £6 per month left over from everything I pay and I have 2 children with no xmas presents brought yet.

Sorry for the long post and thank you for reading. Any feedback is highly appreciated x x

Oneday77

You need to find out when you last made any payments to the debt. If it was a 6 year gap until the latest payment then I think it is still statute barred.
Someone will probably advise better but you need to get the paperwork checked by a CCA request or even have a prove it letter sent.

biggady_bong

Thank you so much for a speedy reply. They were so threatening in their phone call "are you refusing to make a payment today as we can send this to court for proceedings to commence today". I highly doubt they are allowed to say that sort of thing under unfair practices can they? They knew my situation, I was in a bad place at the time and they fed off that and I felt vulnerable, so handed over my bank details. He could have been anyone! If the payment was within the 6 year time frame, probably by only just, what are my options then?

Thank you again x

MrsTinks

The argument sadly would probably be "was the conversation recorded?"
Yes these people are horrid, unfortunately a lot of people going into these companies are on commission and some appear to thrive on it. Those that don't won't last long in the business...
I think that your first point of action is to contact the bank and cancel the DD - then contact the debt collection agency and ask them for a full break down of the charges and debts.

I would stick together an SOA and post it up so we can have a look at what your best way forward is going to be. It might be that a DMP is the best way and would if you go through charities like CCCS mean you could direct any collectors to them to deal with.

Next time they call simply instruct them you are seeking the advice of CCCS and will forward your reference in due course. Until then you will only correspond by letter and simply hang up. Send them a £1 postal order each month until CCCS (or whoever) gets you set up with a DMP

biggady_bong

Thanks for pointing me in the direction of CCCS. I never knew about it until now. I'll give them a call tomorrow I think and see what they can suggest. Thanks again

happy_bunny_2

be very careful when you write to a DCA.

From what I've read on here, a debt is statute barred after 6 years of no payments or not admitting the debt.

Admitting the debt has to be done in writing, and cannot be done on the phone.

If you write to them and in any way acknowledge the debt is yours, that resets the 6 year statute barred clock.

Chances are its either SB or close, hence the flurry of activity.

If you are sure it has been 6 years since the last payment/admitting the debt, you could send them the SB letter. If not 6 years, send the prove it letter.

Sorry, I don't know where the templates live. Anyone?