Legal and Receivables collection agency

debtnstress

what's a thread and how do i do one. said don't send money to old creditor, but also said they hadn't received all my payments from hsbc. so would it be safe to pay with my payment card from payment services bureau (arranged for hsbc payments) or is it too late. do you think they'll cash my cheque £25 cheque. very confused and stressed. i hate the knot at the top of your stomach when people like this prey on you. I'm usually only 7 stone anyway, but my clothes are feeling a bit loose because i haven't been able to really eat properly since saturday.

debtnstress

no i don't have their bank details, but this would be good. i can't imagine them giving me them, but i'll write and try. Can i insist they don't ring.

Elsie2_2

Oh well thats just flaming fantastic. I thought that dealing with LINK financial was bad, but these guys guys sound even worse!!

Debtnstree, when i was having a similar problem with LINK financial who were demanding i repay my full balance and refused monthly payments unless i agreed to a charging order being put on my property, i sent them a letter after researching what they were and weren't allowed to do. It might be of use to you too....

I found useful stuff like, speak to and possibly make a complaint to the financial ombudsman about them,
There is a seperate company called Credit Services Association which regulates Debt Management Companies. You can download a complaint form from their website, https://www.csa-uk.com. On this website, I found the code of practice that all the DMP's should adhere to and a complaint can be entered if you feel they have not adhered!

I found two things within the code of practice which i think is specific to mine and possibly other peoples situation. In the Debt Collection and Default Guidelines, it reads:

"Unless instructed otherwise, accept all reasonable offers by debtors to pay installments, provided acceptable evidence of non-ability to pay is given"

also

"Not pressurise debtors to sell property or to raise funds by further borrowing"

Hopefully these might be of use to you.

debtnstress

thank you Elsie2, this is really helpful. its a shame i'm having to spend so much having to fight these lot instead of trying to make money for my family and debts. iI think i read that Link finance was also involved with tessera just like these slimey lot. I wish the government would due a huge enquiry into their dealings and shut them down.

SPANIEL36

debtnstress wrote: »

no i don't have their bank details, but this would be good. i can't imagine them giving me them, but i'll write and try. Can i insist they don't ring.

yes you can as is becoming harrassment now (something which you definatly dont need). Next time they ring tell then that in no uncertain terms that you want them to keep ringing you as you will only communicate by letter, if they continue to harrass them you will inform the neccessary authorities

debtnstress

I told them I know i have to pay them the debt and sent a cheque for this month, does this mean i can't claim the debt is in dispute because i've admitted it. I also told them that the balance the hsbc headed paper which was sent with their letter has slightly wrong balance on. Would this count as 'debt in dispute' if a SD is issued as threatened. Appreciate any help. Does anyone think they won't send my cheque to so they can say i haven't stuck to installment plan agreed by Payment Services Bureau for HSBC. I intend to send them a CCA, but wasn't sure if i should still type the beginning where you say you don't acknowledge the debt when i already have by letter. when this is over i will never borrow any money ever again.

debtnstress

i thought i was the only one not asleep, i'm normally in a deep sleep by 11, but after the phone call today, cant sleep. do i continue to send them cheques how would i prove i have sent them on time to a court if they don't cash them.

debtnstress

only problem is if you can have a look at my 1st post, they know I've got capital in my house because i was idiot enough when i got the first call to think he was this nice man i was trying to arrange payments with and answere his question about having my own home and its worth cannot believe i told him, but i have had alot of crap happening this month - i guess my guard ws down and my 'stupid' beacon was well and truly shining . so he knows i've got no money but alot of capital in my home (only because we bought an absolute dump and renovated it for 5 years).

Elsie2_2

I dont know if its of any help, but i found the letter that i sent to LINK financial. Maybe you could use all or bits of it for yourself. It may help, not sure. Give it a go.
Dear Sirs<O:p</O:p
Following conversations with representatives, I am informing you in writing of the fact that I am unable to clear the balance in full. Had I had the means to make this payment, I would have cleared the debt whilst it was being held with the original credittor.

I have consistently made efforts to make a payment each month during the lifetime of the debt. I wish to continue making a repayment each month whilst you pursue other options.

I am not willing to consent to a charging order being put on my property as this is jointly owned and this is putting undue stress upon family relations.

I have larger debts than this particular one with other companies, who have frozen charges and interest and have accepted monthly payments.

I feel that I have always treated my creditors fairly when offering payments, and have always pro rata’d my disposable income. As I have a number of debts, making a charging order on my property would give Link Financial an unfair priority over my other creditors.

As it an unsecured debt and is governed by the Consumer Credit Act, I am obliged to offer only what I can reasonably afford.

I will continue to attempt to make a repayment each month, despite the fact that I was unable to retrieve any account details etc to allow me a method of payment. I am enclosing my first payment of £15 in the form of a cheque. If you would like me to send this to an alternative payment address, please supply me with this by way of return post.
Thanks

debtnstress

thanks elsie this is a help, I'm about to write to them now, did u ask for a cca from them at all and if so what was their response.