Dealing with CCS (Commercial Collection Services)

merri-drake

Help! Help, Help!
Hi guys,
I was wondering if anyone can give me some advice...
...maybe even the guru himself :money: might help on this one?

I have a debt with Lloyds TSB Visa to the value of £1803.64

I have been quite unwell for several years and was very depressed for most of this time and could not deal with these debts. I also have had two bone graft surgeries in the last 6 months. To say I have been ill is an understatement. As I was struggling, I went to the CAB. My local CAB was useless and did not sort out this debt. I tried to sort this in branch and when I explained I could only make token payments, Lloyds stated I would need to wait until it was passed to a collection agency before a token payment could be agreed. It was then passed to CCS (commercial collection services). I have tried to contact them by post and describe the situation I am in and that I can only afford token payments and sent them the Financial Statement I have as drawn up by the CAB. CCS have now started to harrass me by phone - they have phoned 4 times in the last two days. They are stating that my TV licence fee and my phone bill are luxuries and they will not accept that I cannot afford to pay more than a couple of £s until I go back to work.
I am happy to pay what I can afford, but they have stated that it is not within their company policy to correspond by post and that they will not accept a token payment. I just do not know what to do now.
Please, can anyone give me any advice???
Thank you,
Merriwen

merri-drake

I am sorry that I have to pester you guys with this, just I really am out of ideas and CCS have been so rude and threatening on the phone. I am having another surgery in the next few months so I really need to find some sort of way forward with this.
You guys are the best,
Merriwen x

10past6

Hello Merriwen

Welcome to the forums.

others will be along to offer there advice.

In the meantime, because of your desperation, I'll try and help you.

When your creditors call you, TELL THEM YOU REFUSE TO DEAL WITH THEM IN PHONE CALLS, YOU WILL ONLY DEAL WITH THEM IN WRITING AND WRITING ONLY, THEN HANG UP!!!!

There are guidelines laid down by the OFT regarding harassment from creditors, take a look at National Debt line's website.

Also, contact one of the many charity organisations, CCCS, Payplan, National Debt line, they will help you, and guide you how to deal with your creditors.

I know from your post, you're stressed, but try not to let creditors stress you out, there are many, many members on this board in a worse situation, myself included, but we have all learnt from fellow members how to deal with creditors.

Also, take a look at the guidline on the OFT (Office Fair Trading) website for guidence.

Continue to post your concerns.

bagpuss_fan

can I ask how much you offered to pay a month?

merri-drake

CAB was offering everyone £1 but I offered £5 a month as even though I have other debts, I thought that due to the size of the debt £1 was not reasonable...
It is just that they say my TV licence and phone is a luxury not a necessity, but my phone is necessary as I have so many disabilities not due to my rather complicated medical problems.

merri-drake

Thank you 10past6, it helps to hear a friendly 'voice'. It has been stressing me out on top of the stress of having more surgery since the previous bone graft has failed!
Getting this sorted will be such a relief - I have managed to deal with most of the others... Mercers were polite and quite reasonable and I threatened Lowell financial with the Financial Ombudsman if they did not stop being so heavy handed. I just am not well enough to do the 'telephone' thing as I end up being brow beaten into agreeing to anything - stupid I know, but it is why I am trying to avoid taling to them on the phone.

davek1

HI Merri-drake

First contact your phone provider and get yur number changed and go ex directry. just tell them you are getting nuisance calls. there should be no charge for this. Do not give this number to anyone other than friends and family.

Next write to them with the following letter: It is really important that you check they have a valid credit agreement before discussing payment with them further. Enclose a £1 for the payment and do not sign the letter just initial it. They have a legal obligation to provide you the requested information and must do so within 12 days otherwise the debt becomes unenforceable at law. If they then fail t provide it after a further 30 days they then commit a criminal offence. Send the letter by recorded delivery

Dear sirs
Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

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

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.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Take note that i will only correspond with you by way of letter. This provides a written record which protects both parties.

Please respect my request and remove ALL telephone numbers ou may hold for me from your system. The continued telephoning me will be considered harrassment and i will take appropriate action to deal with it.

I will not correspond with you further on this until such time as you provide the requested information as is my right.

I look forward to hearing from you.

Yours faithfully

davek1

don't let them bully you just stay calm and there is plenty of help here. let us know how it goes and we can deal with what happens next as and when it does.

Dave

merri-drake

Wow! Thank you all soooooooooooo much! I have been panicking a bit lately.
Sorry about my worrying last night, and again, thank you.

I will try writing to them again and use the template above.
Thank you Davek1.

davek1

more than welcome Merri. I can't take all the credit as i have used others templates so long as it helps i'm sure no one will mind. Get that phone number changed ASAP tho.

dave