debt collectors letter !!!! and threatening phone call!!!

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hi all ,

just wanted a bit of advice for the in-laws , without going throu the whole long story , ill try to be short n sweet bout it ,
*in laws owed money to littlewoods , they disputed that they owned the amount that they said ect and eventually it went to a debt collecting agency , they have been paying £5 a week for the last 3 years and the other day they recieved letter from the agency stating that the agreement with them had now finished!!!! and to ring them for further arrangements ect they then recieved letter from diff debt collc agency saying that they now owned the debt and that they want the amount in full £1825 !!! can they do this , in-laws rang and went thro what they pay out every week ect and they still say that they want £30 a week and if not they will go to court and win !!! what will happen .....please advise asap , they are 65 and panicking !!

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  • jo1972
    jo1972 Posts: 8,901 Forumite
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    Hiya,

    Firstly, tell them not to panic.

    Go to https://www.nationaldebthelpline.co.uk (this is the second time I've linked this website today, I don't work for em...honest!!), download the budget sheet and get them to fill it in. This will tell them and the debt collectors exactly how much they can afford to pay. Send a copy of it off to the collection agency with the first payment with a letter saying that this is all they can afford with proof from the budget sheet. They may not accept it but it's tough luck, just send a second letter with another copy of the budget sheet saying that they can not afford any more and refer them to the budget sheet again. If they write back and refuse it again write another letter quoting the harrassment act and you will complain to the trading standards office plus their governing body (the OFT will tell you who they belong to if it's not quoted on their correspondence...which it should be by the way). If they have proved how much they can pay through the budget sheet and it's filled in with honest incomings and outgoings there is not one judge in the land that can make them pay more, they will be wasting courts time.

    Go to that website and print off the factsheets about collection agencies, baliffs and harrassment too. Also tell them that no baliff can gain access to their house without a warrant as this is a nonpriority debt. They would have to be made aware that a claim for a warrant is going through before the agency can even get one. So long as they don't open the door and let them in it is illegal for them to gain entry, if they did then call the police cos it's trespass. Obviously hope it doesn't ever get this far but just for your info.

    Good luck, tell them not to worry they're just putting the frighteners on them to get them to pay out quick.....bar stewards :mad:

    Jo.
    DFW Nerd no. 496 - Proud to be dealing with my debts!!
  • makingendsmeet_2
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    As a wild guess the Debt collection agency is Westcot or maybe even Moorcroft. They all have bully boy tactics. Stick to the £5 insist thats all they can afford. The are unlikley to take it any further. In the unlikley event they do the worst the will do is apply for a CCJ which if they do and your in laws are paying all they can afford the courts are likely to set the CCJ at the same amount £5 a month so no big deal.
  • mummyemma
    mummyemma Posts: 106 Forumite
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    Is the company Scotcall. I had a problem with them and littlewoods. I just contiued to pay the amount I could afford and sent them a statement of affairs everytime they asked me to up it. If it did go to court which I doubt then the court would only make your in laws pay what they can.
  • sammy115
    sammy115 Posts: 15,267 Forumite
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    Your parents need to ask for a couple of the original credit agreement and also a deed of assignment to a debt collector. Check out this link
    http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/40300-unenforceable-agreements-under-consumer.html

    If you look around the website you will find a template for a letter. IF Littlewoods can't supply the credit agreement then they can't enforce the debt
    Quality is doing something right when no one is looking - Henry Ford
  • smashedbooboo
    smashedbooboo Posts: 4,558 Forumite
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    Hi, go to https://www.consumeractiongroup.com. Register as you would with site. Go to the debt action forum. scroll down to Dealing with debt collectors. Then click on that. You need to look for letter N. Print that off and send it off recorded delivery. And send it with a postal order or cheque for 1 pound. Also keep a copy. This is a request for a true copy of your credit agreement. If they cant supply it then they should not be chasing you for the debt. Theyhave 12 days to supply you with this. If they do not they are in default. So then you can report them to the FOS. How much was the original debt. By the way if the DCA cant supply i believe you can i think claim back your payments you have made to them. If you go to site given already by me and previous poster you will get more detailed info. Please keep posting and let us know how you get on. xxxxxxxxxx
    Night Owl Member No 1 :rotfl: :rotfl:
    Night owl member of the threesome. Rules are for fools to follow and wise men to be guided by
    No Man is worth your tears,
    And the one who is wont make you cry !!!!!
  • fermi
    fermi Posts: 40,546 Forumite
    First Anniversary First Post Combo Breaker Intrepid Forum Explorer
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    BALLADEER wrote: »
    I have tried 10 times to reach the nationaldebthelpline.co.uk and there seems
    to be no such site or it is having problems.....

    The correct link is:

    http://www.nationaldebtline.co.uk/
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • AlanUdale
    AlanUdale Posts: 86 Forumite
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    Come on now today there is very little a debt collection company can do.

    Phone calls yes letters yes that is about it court is a last thing and often never gets to that anyway.

    I would contact the CCCS a free service the best in the business and known by all the debt collection firms and as such will not dispute what they say.

    Littlewoods are the bad boys for finance selling items way above shop price then charging a monthly high interest rate and mainly the out of work poor or elderly useing the company.

    They are also the only company that will keep charging a monthly fee plus interest even after you agree a monthly payment with them.

    Most debt collection agents are resonable these days.

    LINK/CABOT/EVERSHEDS/WESCOT/BLAIR/NCO two not so good are NDR/LEGAL & TRADE One that sends people to your door is FACE 2 FACE but they too will discuss things with you and are resonable.

    https://www.cccs.co.uk
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