Being Treated Unfairly By Debt Collectors?

MichelleM

By no means am I an expert in this area as it was only yesterday that I was asking advice about a debt myself. However, I do feel that after a lot of research I thought I would point out how people can actually report/do something about the terrible behaviour of some debt collecting companies:

1. DO NOT SPEAK TO ANY COMPANY ON THE PHONE! ONLY SEND LETTERS BY RECORDED DELIVERY! AND DO NOT SIGN YOUR NAME ON THE LETTER!

2. If they write to you or call asking for you to make payment towards a debt do not give them any information including age, name and address and send the following letters to their address as you need to check if they have the correct documentation to collect the debt. If they do not send the document, they cannot ask you for money. Do not send them your signature if they ask for it either:

http://forums.moneysavingexpert.com/showpost.html?p=11636295&postcount=9

Add to the letter that:
Can I also make it clear at this point that I now require all further correspondence from your company to be made in writing only and that any telephone numbers that you have of mine or associated with me be removed from your files. If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by DATE LETTER SENT, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

If no response after 12-14 working days send:

http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=6


If no response after a further 30 days send:

http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7


If no response after futher 14 days:

http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=8

DO NOT CALL THEM and if they send you other letters regarding payment ignore them until they send you the required documents.


3. What do I do if they have sent the correct documents but they won't accept my offer of payment or let me pay by monthly instalments?

Keep sending at least £1 per month (in the form of a postal order so they can't get your bank details or signature) with the same offer of payment letter as if it goes to court, they will be aware that you did not just leave the debt. Something like: I am sorry that you will not accept my offer of monthly instalments, however, if you do change your mind please do not hesitate to write to me. In the meantime, you will find £1 payment towards the outstanding debt. Send via recorded delivery.

4. If you are having any other problems with them, such as threatening you, asking for whole amount or even asking you to borrow the money from someone else. OR you have already been in contact with them and they have been abusive towards you or awkward. CHECK THIS DOCUMENT FROM THE OFFICE OF FAIR TRADING (unfair business practices bit):
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

If any of these are being broken by them then fill this in (it says it's for third parties ie, debt management agencies i think) but there is no other letter for poor people like us! But if it is sent enough times they should start listening!:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

This document shows you how you can also lay out your complaint:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/guidanceadvisers.pdf

If any details are incorrect I do apologise and I am sure that someone will correct me! But this is what I have found people are doing from other sites as well as this one.

Michelle

MichelleM

bump up for new people like me!