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Dealing with aggressive debt collectors

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sad_tomatoessad_tomatoes Forumite
2 posts
First Post
MoneySaving Newbie
Does anyone have any experience with dealing with aggressive debt collection agencies? I owed £12000 but they keep adding charges on without notice and now it’s grown over £15000 in less than 2 months. I have tried negotiating to pay monthly and then through my DMP with PayPlan but they’ve refused (apparently under instruction from the creditor). Does anyone know what my rights are with regards to all these added fees? 

Replies

  • edited 15 March at 6:31AM
    GalloglassGalloglass Forumite
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    edited 15 March at 6:31AM
    You'll have to explain the charges a bit more. Are they

    1. Fees dues under the contract e.g. £12 for each missed payment in line with the guidance from OFT v Abbey National or

    2. Debt collection "costs" which they claim to have incurred in "managing" your account - but which are not contractual. 


  • sad_tomatoessad_tomatoes Forumite
    2 posts
    First Post
    MoneySaving Newbie
    Unfortunately they won’t explain their ‘costs’ to me, so far they just keep replying to my letters requesting a payment plan with a demand for payment in full? 
  • GalloglassGalloglass Forumite
    645 posts
    500 Posts Name Dropper Photogenic
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    OK then call their bluff. Send a Subject Access Request to them as it will detail any "instruction" from the client to add on these costs. It may also have details of any agreement you may have signed and the terms therein. 

    If it doesn't have any details of the agreement then you need to get that from the original creditor. 

    There are some DCA's that will add on version 2 charges (costs for "managing" the account) which will only be payable if agreed/instructed by a court. But as people don't want to do there, then they pay monies to which the DCA are not entitled under contract and which are not genuine costs. 

    You just have to collect the information which is easily available now.

    Is the original debt defaulted yet? Have you checked your credit record? Payplan should have your credit record report if they have done their job.
  • edited 15 March at 1:55PM
    sourcratessourcrates Forumite, Board Guide
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    edited 15 March at 1:55PM
    Which debt collector are we talking about here ?

    Charges cannot be added to a defaulted debt unless the original agreement allowed them to do so, same applies to a non defaulted debt, it must be stipulated in the agreement what can, and cannot be charged in fee`s.

    You have had good advice above, debt collectors can be evasive, and try to dodge their obligations.

    By exercising your statutory rights, you have the backing of legislation to cover you, you can find out the course of events, using the freedom of information act, without having to deal face to face with the creditor.

    What was the original debt for, is it covered by the consumer credit act ?
    If so, send a CCA request to ascertain your position, if they want to play hardball, show them that you can too.  
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
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