Debt managers LTD, HELP?

mary.poppins_3

Hi,

I rec'd a final notice this morning from Debt managers direct. for £178.78. I have heard nothing from them previously.

I only decided to look them up and read this site AFTER calling them.

They told me that this debt MUST be paid in full today or they would send the baliffs to my house to collect goods. I told them that i do not have £178 and could not give them what i phisically did not have and that i knew my righs, i did not have to grant bailiffs access to my home. She [Donna] would not give me bank details to set up a standing order because the debt was due in full only and that after being unable to contact me at my previous address they obtained my new details from experian.

I also asked them where this debt originated and they told me that it was passed to them in 2006 and that i had paid them £30(something) in June 2007. I asked them to be more specific about where this debt had come from before 2006 and she told me that AKTIV KAPITAL are a finance company so it would be from a store card or such like.

I HAVE NEVER HAD A STORE CARD IN MY LIFE!... I HAVE NEVER HAD FINANCE.

After interrogating me about my income -to which i informed that i had recently become unemployed (She didn't appear to believe me, wanting to know in that case how was i surviving?)- they finally told me that they would look into it but the debt was still required in full once she had done so.

She left me none the wiser and i don't know what to do now. I can't even pay it to get them off my back cause i don't have it to give them, not in full any way and they won't let me pay it in installments. Why?

Any suggestions on how i should approach this?

I have acknowledged the debt by paying last year (apparently) and calling them today and it really wouldn't be that big a problem if they weren't insiting that i pay in full now.

RAS

Hi

Firstly, today's phone call does not constitute acknowledgement of he debt, whatever they tell you.

Secondly, can you remember paying towards a debt last year?

Thirdly, Even if you have paid, it is their repsonsiblity to prove to you that you owe the money, not your to prove you do not owe it.

Send a CCA letter as a starter.

mary.poppins_3

I don't remember but if i did it will be in a box somewhere. I keep EVERYTHING! I'll look now.

The thing is, If they wrote to me or called me to say that i owed them money then i would have trusted that this was true and that i must have forgot (Why else would they say i did?) and if they were as aggressive as they were on the phone today then i would have thought that i may as well just pay and they'll leave me alone.

The only reason i looked them up today was because they told me that they would send bailiffs round to collect goods and i fronted up to her and told her that i knew my rights (Which i don't) and that i wouldn't let them in, so then i panicked and had to look them up to see where i stood.

rayday2

Baliffs cannot come round without a court order unless it is a legal binding debt like council tax or TV licence.

There information is too vague I would do as RAS said and ask them to provide a CCA. This disputes the debt so no further action can take place until it that matter is dealt with (I believe!) To be honest RAS is the expert here on these matters I have followed their advice before!

Donedoingdebt

Despite their threats, they cannot just send round the Bailiffs.
To do this, they would have to have obtained a court order against you for payment of the alledged debt & you would have had to fail to comply with this court order.
The only people they can send to your house are their own doorstep collectors. These have no rights whatsoever to enter your house & start taking property. They know this, but hope you don't.
As for why would they tell you that you owed them money, well, just take a look at some previous posts on DCAs devious tactics to obtain money.
Unfortunately, if you do owe them money & you did make a payment to them in June 2007, then I believe that is acknowledging the debt. But, as RAS stated, make them prove to you that you do indeed owe the debt with the CCA letter.

mary.poppins_3

Ok, I just dug out my box of tricks and i ahve letters from them form last year which luckilly i made notes on (this has also helped jog my memory).

They bombarded me with letters which i ignored at first because i didn't know who they were.

Then they sent me a final demand stating that i contact them
"WITHIN 48 HOURS OR COURT ACTION WOULD BE TAKEN WITHOUT DELAY".

So I contacted them and they demanded that i pay in full or go to court. It appears that i had several converrsations before eventually being told that I could pay £16.25 PW and no less.

I made two of these payments before they stopped but i do not recall why. I must have forgot about it when i was moving and they got left in a box of paper.

I didn't move until Oct 07 though so they didn't send any reminders or i would have !!!!!! myself and started paying again.

What is a CCA and where do i find out how to write one?

Do i have cause to panic?

Donedoingdebt

A CCA is a Consumer Credit Agreement. If they have this then it appears you will have to pay up. If not, then they should be unable to take any court action against you as they have no proof that you actually owe the money.

RAS

mary.poppins wrote: »

The thing is, If they wrote to me or called me to say that i owed them money then i would have trusted that this was true and that i must have forgot (Why else would they say i did?) and if they were as aggressive as they were on the phone today then i would have thought that i may as well just pay and they'll leave me alone.

Precisely what they expect to happen and why so many people appear to be paying fdebts that they do not owe.

I am not a CCA expert, that's weller and rog2, but get one off and they cannot claim any money whilst it is in dispute (although on past experience here, they will ahve at least three atempts at getting you to cough up before they give up).

Also read this

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

And start recording the name, contact time and details of every conversation you have with them. Do not phone them, lettes only and do not sign your letter. Print your name instead.

Then report them both to the OFT and to the Trading Standards closest to their office for any breaches.

mary.poppins_3

I really don't care if i have to pay it, its not a huge amount. i jsut don't have it right now. I just want to get them to stop calling and writing letters and accept weekly payments or something or at least put it off for a few weeks until i can get £170 together.

As for proving that i actually owe the money, i doubt they can because i asked where the debt originated from and all she could tell me was that the debt was passed in 2006.

There is NO WAY they can prove that i have had finace because i never have.

mary.poppins_3

Thanks RAS but that link sends me to 'Error - Page not found'

Where can i get a template for this CCa letter? It'll buy me tiem if nothing else.

RAS

I have to go in a few minutes for a meeting.

So this is what you send. recorded delivery, print your name. I

f they do not send the complete and proper documentation back with the time limits, you have to pay nothing and can reclaim the money you paid last year.


Consumer Credit Agreement. Has to be supplied or the debt is unenforceable.

Please do not sign it, just print your name. We have instance reported here when the returned sig was that of the person who sent the letter and not the putative debtor!

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

The one pound is the statutory fee that you have to send to pay for the CCA.
it must be sent registered mail or special delivery and check when it is received.

The DCa have 12 working days plus 2 to respond to you before they are in default. 30 days after that, you can tell them where to go, rather firmly.