natwest credit card and the debt collection angency

Fallenangel152

Thanks again cc99 and RAS.

If they call today i'll just say that it's inappropriate for them to call me at work.

I'm doing the letter today and sending it ASAP, but doubtless they'll ring before they get it.

I'm still worried about this whole thing, mainly because i know i'm the underdog. I know i owe them the money and will have to pay it to someone at some point, won't i?

It's mainly a point of principle for me now, i just don't want to see the bullies win.

rog2

fallenangel - you are getting extremely good advice from both RAS and cc99.

Before you start feeling sorry for Allied, just remember that they probably 'bought' the 'debt' for a few pence in the pound, so virtually everything that they can get out of you is going to line their pockets - it's NOT going to the original creditor.
The reason that they can buy 'debts' for peanuts is that the original creditor will have given up on the debt - he had probably already made his money out of the deal, so is not really 'losing' anything - just not making as much profit as he would have liked.
In your case, it is even possible that ths 'debt' is out of limitation and is in fact 'statute barred' - you say that it is a very old debt from a mint card that you had forgotten about. If a period of six years has elapsed since the last time you made any payment towards, or acknowledged in writing, the debt, then the debt will be legally unenforceable. Perhaps this could be one of the reasons why Allied are somewhat 'reticent' in giving you the account details.
From what I can see, they are flouting every one of the OFT guidelines and you should, indeed must, report them to the Trading Standards at thevery least.
You must not consider yourself 'the underdog' - it seems, to me, that you are an unwitting victim of the extremely nasty behaviour of Allied, and you owe it to yourself not to submit to these scum.

Fallenangel152

Thanks everyone!

They should get my letter today telling them basically that if they ring me at work again i'll complain to trading standards and the oft, and only to communicate by letter.

Their 30 days run out in early June...

cc99

rog2 wrote: »

fallenangel - you are getting extremely good advice from both RAS and cc99.

Before you start feeling sorry for Allied, just remember that they probably 'bought' the 'debt' for a few pence in the pound, so virtually everything that they can get out of you is going to line their pockets - it's NOT going to the original creditor.
The reason that they can buy 'debts' for peanuts is that the original creditor will have given up on the debt - he had probably already made his money out of the deal, so is not really 'losing' anything - just not making as much profit as he would have liked.
In your case, it is even possible that ths 'debt' is out of limitation and is in fact 'statute barred' - you say that it is a very old debt from a mint card that you had forgotten about. If a period of six years has elapsed since the last time you made any payment towards, or acknowledged in writing, the debt, then the debt will be legally unenforceable. Perhaps this could be one of the reasons why Allied are somewhat 'reticent' in giving you the account details.
From what I can see, they are flouting every one of the OFT guidelines and you should, indeed must, report them to the Trading Standards at thevery least.
You must not consider yourself 'the underdog' - it seems, to me, that you are an unwitting victim of the extremely nasty behaviour of Allied, and you owe it to yourself not to submit to these scum.

Well said Rog2
Fallenangel everything Rog said is true, so dont be worried. You will be ok and I feel certain that things will work out fine and you wont have to pay another penny, if what Rog2 has said is true and the debt is Statute Barred then they have absolutly no chance in hell of getting anything else from you.

Onwards and upwards, remain strong and you will win the battle against these scumbags.;)

Fallenangel152

Thanks again all.

Got another generic threat letter on friday - again dated at least 5 days before i got it. Rang NDL and they basically said ignore it, and send them a letter telling them they have until june to give me my CCA and terms or the debt is unenforcible and i have the power to complain to the ombudsmen if they chase me after then.

Is it feasible to think they'll forget about it after the date? Would i be able to appeal to the DCC to remove the debt from my credit as it is unenforcible?

Fallenangel152

OK, got my next nasty letter! Only 4 days after the last one, saying that as i have failed to communicate they're considering sending a bailiff round!

Can they do it? Is it an empty threat? What do i say if someone turns up at the door?


I was confident about this, and now i'm scared again!

cc99

At this present moment the debt is in dispute. The Bailiffs cannot pursue a debt if this is the case. Re read the letter I am sure it will say they MAY send them round. yet again, this is another empty threat.
You could phone them up and ask why they have not supplied you with a CCA and say you dispute this debt and the amount owed and UNTIL they supply you with a CCA they cannot force any further action against you. I would personally write again by recorded delivery and tell them to supply the CCA or stop harrassing you. If they do not supply this in the stated timescale this debt is unenforcable and they must remove your details from your credit file.

THE BAILIFFS WONT CALL - SO STOP WORRYING:)

Fallenangel152

Thanks again! Yes, i rang ND and they pretty much laughed down the phone, saying they are really clutching at straws now. He also mentioned that it's about time to start official complaint proceedings for harassment and trying to collect a debt without the proper paperwork.

Today was their one month date, so i'm sending a modified version of the letter that RAS kindly outlined on the previous page.

rog2

Fallenangel152 wrote: »

OK, got my next nasty letter! Only 4 days after the last one, saying that as i have failed to communicate they're considering sending a bailiff round!

Can they do it? Is it an empty threat? What do i say if someone turns up at the door?

Fallenangel - They CAN NOT 'send a Bailiff around'. Only a Court can authorise a visit by a Bailiff, and even then usually only on a defaulted CCJ.

It is, as has already been said, against the Office of Fair Trading Guidelines on Debt Collection for them to imply that they have powers which they simply do not possess.

I am pleased to see that NDL agree with my view, which can, also, be confirmed by looking at the following link:

http://www.oft.gov.uk/shred_oft/business_leaflets/consumer_credit/oft664.pdf

In the unlikely event that anyone were to call at your house, it would be in the role of 'doorstep collector'. That person would have NO RIGHT OF ENTRY to your property. You would be UNDER NO OBLIGATION to talk with them, and they MUST LEAVE IMMEDIATELY when you ask them to.

Send the letter that, thanks to weller711, you will find on the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6582439

Amend it only to include the account details.

And, this is most important, you MUST NOW report them to Trading Standards.

Good luck.

Fallenangel152

Thanks a lot rog, you guys are making this far easier for me to handle! That's a good letter from weller711, i'll combine it with RAS' letter from the previous page and get it sent out tomorrow.

If i can get this over with and off my credit i'll be happy.