Advantis Credit

Swizzy_2
Swizzy_2 Posts: 6 Forumite
edited 1 July 2013 at 3:07PM in Debt-free wannabe
Where to start, where to start...

I lived in a shared house from 2007-2009, student house to be exact, although I was the only student and the others were immigrants working for cash, a lot older than me, I was 18 at the time. It was all a little shady, rent was in cash, the bill came in someones name that wasn't the land lord or anyone living in the house.

After a year or so a guy from British Gas turned up and said the person whos name the bills were in owed the company money. I was honest and said I don't know where he is, I guess he left a while ago and I just picked up the bills that came through, including the flat'mates'. He then closed that account and started a new account in my name.

Everything was fine until people in the flat stopped paying bills because they were 'too much'. I was too young to assert myself so I started getting behind as I was the only one paying my share. I then moved out and just left them with the bills they haven't paid.

Now I'm starting to get letters from Advantis saying IF i don't contact them they will take me to court and send bailiffs around to take my things, I don't have much as it is. The debt is around £1500 pounds now for period ending 09/2011, which is 2 years after I moved out.... I don't know where to start, I suffer from anxiety and this is barely letting me sleep, I'm getting paranoid every time someone knocks on the doors.

Please give me some advice, This is not really my bill to pay although it is in my name. To them I guess it makes no difference.

I have to contact them by tomorrow or they will send bailiffs or take legal action.

I should say I paid £50 over the internet to them not long ago, I thought that might make them cool off a little, I realize now that was probably a MASSIVE mistake...
Thank you in advance.
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Comments

  • Swizzy_2
    Swizzy_2 Posts: 6 Forumite
    Please someone help I feel overwhelmed by this, every time I hear a car outside I think it's a bailiff, every time I come back I expect there to be someone waiting for me at the door!
  • fevlo
    fevlo Posts: 203 Forumite
    Debt-free and Proud!
    Dont Panic.... (Easy to say, I know, especally if you suffer from anxiaty)
    Advantis are a debt collection agency, they are not Balifs.
    Ballifs could only be used if you had a CCJ awarded by a court and hadnt kept to the terms of the CCJ.

    Advantis are just sounding off, trying to panic you into paying, If (and its a very big "IF") anyone from Advantis did turn up they would have no more rights than anyone else to be at your door.

    A polite but firm "I will not discuss this on the doorstep" should send them packing.

    [STRIKE]DFD - 24th October 2015[/STRIKE] [STRIKE]DFD - 24th March 2015 [/STRIKE]
    DEBT FREE 24.03.15
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi

    Bailiffs can only be instructed if you have been taken to court and the creditor has obtained a CCJ against you.

    If they haven't yet taken you to court then bailiffs won't be turning up.
    If they threaten to send round doorstop agents or collection agents or similar wording then this person has no rights to collect any debt from you or to take any posessions. Its very unlikley a doorstop agent would call around but if they did you just tell them to leave.

    So I would start by replying to advantis with the prove it letter - which asks them to prove that a debt exists and prove they have a right to collect it. Letter when you know nothing about about the debt - AKA "Prove it" letter
    They need to let you know what period the debt relates to etc and how the debt is built up.

    When did you move out of the property? Do you have some proof of when you moved out (in case its useful at a later stafe when dealing with them)?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Swizzy_2
    Swizzy_2 Posts: 6 Forumite
    Thank you for the response. Just thinking about this makes me shake, literally. What if they take legal action? They have my name and phone number somehow, I never answer the phone calls, I hate discussing such things over the phone. What do I do? Tomorrow is their 'deadline', what then?

    I'm searching for jobs everyday, my small savings are almost gone... Do I just ignore them? Will that not make it worse? Can I write a letter that will help me somehow?

    Lots of questions I know but I've never had to deal with debts, court, or even police in my life and don't know what they can/can't do...
  • Tixy
    Tixy Posts: 31,455 Forumite
    When you send the prove it letter (from above) add this is about phone calls and all future communication being in writing Telephone Harassment Template Letter
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • fevlo
    fevlo Posts: 203 Forumite
    Debt-free and Proud!
    Send the letter in Tixy's response as the first step.

    Just because they have said they want you to contact them by a certain date doesnt mean anything will actually happen on that date, ususally they will just send another (Perhaps more strongly worded) letter out.

    Your right not to answer their calls, keep all communication in writing

    Ive had so many DCA's write to me ive lost count now and they all follow the same pattern of collection

    [STRIKE]DFD - 24th October 2015[/STRIKE] [STRIKE]DFD - 24th March 2015 [/STRIKE]
    DEBT FREE 24.03.15
  • Swizzy_2
    Swizzy_2 Posts: 6 Forumite
    Tixy wrote: »
    Hi

    Bailiffs can only be instructed if you have been taken to court and the creditor has obtained a CCJ against you.

    If they haven't yet taken you to court then bailiffs won't be turning up.
    If they threaten to send round doorstop agents or collection agents or similar wording then this person has no rights to collect any debt from you or to take any posessions. Its very unlikley a doorstop agent would call around but if they did you just tell them to leave.

    So I would start by replying to advantis with the prove it letter - which asks them to prove that a debt exists and prove they have a right to collect it.it
    They need to let you know what period the debt relates to etc and how the debt is built up.

    When did you move out of the property? Do you have some proof of when you moved out (in case its useful at a later stafe when dealing with them)?


    I lived at a different address for roughly 2 years after that and have lived at this address 1 year. I have bank statements etc to prove this address and previous address too.

    Did I screw myself over by paying £50? I just panicked, pure and simple, in retrospect I don't know what I was expecting from that...

    Thank you very much for your advice, I greatly appreciate it.
  • Swizzy_2
    Swizzy_2 Posts: 6 Forumite
    fevlo wrote: »
    Send the letter in Tixy's response as the first step.

    Just because they have said they want you to contact them by a certain date doesnt mean anything will actually happen on that date, ususally they will just send another (Perhaps more strongly worded) letter out.

    Your right not to answer their calls, keep all communication in writing

    Ive had so many DCA's write to me ive lost count now and they all follow the same pattern of collection


    I will do that. I will post it tomorrow and keep this updated. Thank you very much, I feel like I can breathe a little bit now. I felt like I had nowhere else to turn. Anxiety makes such a big deal out of little things :(
  • Tixy
    Tixy Posts: 31,455 Forumite
    Its easy to panic and the letters they send are designed to make you do exactly that.

    Whatever they reply with come back for more advice. Don't pay them anything more at the moment.

    Even if you do end up having to repay the debt, you don't need to pay it off at a rate that is more than you can afford. Even if they did ever go to court the judge would assess your financial situation before deciding a repayment plan.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Swizzy_2
    Swizzy_2 Posts: 6 Forumite
    So I have sorted out the "prove it" letter and the "telephone harassment" letter. I also added the "FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998" to the end of the phone harassment letter to request them to remove my number.

    I didn't edit the letters at all, it's fully applicable for me in it's original form correct? I also didn't sign it, I printed my name underneath.

    Thanks for the help so far guys!
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