what does this mean

RAS

Gotto go now, hopefully rog2 or fermi will be on call later. i think rog is on latec shifts though and he may post in the morning.

Lodge

DON'T PANIC!!

I had these b*****ds call me about my AMEX debt.

They are a vile bunch of people who say "we are going to make you bankrupt" or "sell your car to pay this debt" or "get the money from your family" OR THE BEST ONE "call the council to apply for housing as you may lose your home!!!!!!!!"

I contacted American Express and complained about how I was spoken to and within a week my debt was passed to RMA Resolve who were polite, pleasant and accepted my very first offer of £30 per month.

I think AMEX first pass the debt to Allied International Credit (AIC) who try to recover the FULL amount in one go and don't seem interested in payment plans. When they get no success they seem to pass the debt onto someone else.

Hope this sets your mind at rest.

D.

PS: The guy at AIC was called Allistair Allan and was a complete b*****d.

studentgirl_2

Ok so they pass it on, the girl on the phone was saying that is was no longer in her hands after the 3/4 and it would be passed on to the legal team.

Yes she asked me about my assessts and i simply answered that they were very nice thanks. I was fed up a that point. How they have the gumpshiopn to ask you to get a loan to pay for this i just dont know.

Still Not sure what to do
1 Write the letter as above
2 Offer min payment set up So
3 then what

Sorry to be stupid

shinyhead

Hi studentgirl,

Virtually all debt collection agencies use intimidation to try and force you into paying more than you are able. I know it sounds hard but NEVER give in to them. Also never discuss anything else with them-if they start asking questions about you or your family/friends then simply don't answer. You can always put the phone down on them. They say they can do lots of things but they can't. For instance they can't send bailiffs around simply on their say so.

Sending that letter off looks good but remember, NEVER sign a letter to a DCA-just put your printed name on the bottom. I think it was fermi who pointed this out- they have been known to be creative with other people's signatures (thanks for the tip fermi)

How long ago did you take the account out? If quite a while, say more than a couple of years, it might be an idea to write and ask for a copy of the original credit agreement. Cleosmum has already mentioned this. There is a standard legal letter you can get off National Debtline's website. If you want to do this just ask -I'm waiting for the plumber to come tomorrow and will so be online most of tomorrow and will help-just done it myself. If you want to ask why feel free.

studentgirl_2

Thanks shinyhead I will take up your offer of help with this, the account is years old got to be 6 years old. Does this all make a diffrence then???

shinyhead

It could- I take it your pc has adobe and a printer connected. If so go to the National Debtline site and look up sample letters. There is a letter you can complete by adding your details and the account details. It's called 'you want a copy of your credit agreement and/or statement of account and the creditor has so far refused to send you a copy'.

You need to send this off recorded delivery enclosing a payment of £1. As it's a DCA your'e sending it to [EMAIL="DON@T"]DON'T[/EMAIL] SIGN IT. And get a £1 postal order as payment. The DCA then neither get your sig nor your bank details if you send a cheque.

Once this letter has been signed for by the recipient it all goes into dispute, until they turn up with your original agreement. This is where the advice not to sign any letters becomes really important! It has been known!

RAS

studentgirl wrote: »

Thanks shinyhead I will take up your offer of help with this, the account is years old got to be 6 years old. Does this all make a diffrence then???

Hi the issue is not how old the account is but how long ago you last paid any money towards it?


if it is 6 years since you last paid, the debt is statute barred abd AIC can ask you to pay but if you say no, they cannot enforce it. it is % years in Scotland.

rog2

studentgirl wrote: »

the account is years old got to be 6 years old. Does this all make a diffrence then???

Just to re-inforce what RAS is saying - if you have made no payment towards, nor acknowledged in writing, this 'alleged debt' for a period of six years (five in Scotland) then the 'debt' will be covered under the terms of the Limitation Act, 1980, and will be 'statute barred'.
This means, quite simply, that once you inform a creditor/dca that you will not be making any payments towards this debt as it is statute barred (the only reason you need give) then the 'debt' can no longer be pursued through the courts, and a dca should cease any further attempts to 'pursue' payment by any other means.
To have a look at the implications of the Limitation Act, upon this 'alleged debt', plus a template letter, that you can send to Allied, click on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If you are unsure of when you last ade any payment, or written acknowledgement, the onus is upon Allied to prove that the 'debt' is not statute barred.

If, on the other hand, you do not think - or are unsure - that the debt is, indeed, statute barred, then you should request a true copy of the original signed consumer credit agreement, together with deeds of assignment (giving Allied the right to pursue this 'debt') and a full up to date statement of the account. Allied are legally obliged to provide you with this documentation within 12 working days of your request. There is a statutory charge of £1 for this, but, without the cca, then this 'debt' becomes irrideemably unenforceable without a court order, and no court will grant such an order once you have advised them that you have requested the cca, which Allied have een unable to provide within the legally prescribed time-scale.

Details for cca requests can be viewed on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Furthermore, Allied are 'misleading' you over the type of action that they can take, including the effects that any such action will have on your ability to get a Bank Account, or obtain a Passport. This is, as is their 'threat' of bankruptcy, a scare tactic - pure and simple - and is designed to frighten you into admitting a 'debt' which may not be enforceable.
The office of Fair Trading has laid down guidelines which, in order to retain their licence, Allied should adhere to. These guidelines can be seen, and downloaded, on the following link:

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

They are openly and blatantly flouting these guidelines, and should be reported, in the first instance to Trading Standards and, ultimately, to the fsa.

Good luck.

Burlesque_Babe

studentgirl wrote: »

Yes she asked me about my assessts and i simply answered that they were very nice thanks. I was fed up a that point.

nice answer. Good for you for not bowing to their lies and bullying.

GeorgeUK

Lots of good advice above.

They are trying to scare you into paying them studentgirl. Some people would rather get into even more debt or even lie in applications to not have to deal with people like this. Looks like they are getting to you too and hopefully you'll soon have it sorted.

What i think you should do:
1. Check if you have made any payments towards the debt in the last 5/6 years and let us know.
2. Post the letter by RAS (post 11) so that they "should" stop phoning you.
3. Post the CCA request that Rog2 has linked to above.
4. Don't panic.

After they have proven that the debt is yours by giving a VALID copy of the CCA (not just an application form), then we can take it from there. As mentioned previously though, if you have been making payments towards this debt, it is better to provide even a token payment than nothing at all. This shows that you have not been refusing to pay, just that the level of payment is in dispute.