Collections

Does that mean that I’ll have to go to court? Being unemployed, I’m unable to pay my debt at this time.

It means you will now have to deal with the attorney but remember this, many collection agencies use this scare tactic. They pay a law firm for the use of their letter head to send out notices of intent to file suit which is illegal under the FDCPA 15USC1692e

First of all check with your courts to see if this attorney is legit. If he is then contact him and inform him that you are currently what is called "judgment proof" due to being unemployed. This means that they can win a judgment against you, but they can not collect anything. They could place a lien on any property you may own, but there is no wage to garnish. They would have to wait until you were employed once again. Then you would negotiate a payment with the attorney.

Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice

Thanks to everyone who answered my last question about the harrassment I’ve received from a debt collection agency. Most everyone has said that certain things they’ve done have been against the law. Where can I research these laws on the internet? Thanks.

type in fair debt collection act under search

My boyfriend awhile back ran up 2 credit cards.. He hasn’t made a single payment in almost 2 years. He had moved to a new job which ended up being a horrible idea and was not making even HALF of what he used to make. He has alot of bills to pay for a month which left him close to nothing, Instead of being responsible he just figured he would run from his problems thinking they would just go away! He recieved his 1st court appearance notice (which he did not go too) and he then paid 150.00 towards one of his credit card bills.. the Collection agencies then stopped calling so he figured if he kept paying they would stop calling him and drop the charges.

He has a court date coming up and Im hoping if we call the collection agency they will be able to work with him and give him a payment plan.. Does anyone know what he should expect when he does call them?? Will they even work with him?? What should he do??

Collection Agencies are the scum of the earth. They will probably act like total jerks when you call. Don’t allow them to be abusive or nasty toward you. Tell them that you know you owe the bill and that you want to work out a deal. Offer to settle the debt for a certain amount and if they agree, GET IT IN WRITING. A settlement is no good unless it’s in writing. Pay the debt and keep the settlement letter and all records of payment FOREVER. Good luck!

I apparently owe twenty pounds to Diamond for insurance cover, even though I cancelled the policy, paid them what was owed over the phone on my card and this was almost three years ago. I write to each company to explain, but the moment I do, the debt seems to be taken up by another company who then make fresh demands for it. I am not worried in the slightest but it does get really annoying! Are all these firms linked in some way? Are they owned by the same people or run by the same directors? It’s just that sometimes, I will receive a letter that seems to be from a solicitor, only to find that the address is the same as one of these collection companies? Is this legal and can it affect my credit rating? Can anyone tell me how this works?

Yes they are all the same company, and i wouldnt let it worry you in the slightest and dont pay them a penny. Tell them to get stuffed and send them the ‘prove it’ letter. Dont ever give them your phone number and dont sign any letters. Here is a draft:-

Please note that I do not acknowledge any debt to your company.

I now require you to supply me with the following:-

A true copy of any alleged agreement between me and (creditor) . You are obliged to supply a copy of any such agreement under the legislation contained within s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit).
A detailed statement of account showing a complete list of transactions and charges relating to the alleged debt since inception of the alleged agreement. This includes the term prior to your acquisition of the alleged debt. You are obliged to supply this information under the same legislation noted above.
A signed true copy of any deed of assignment relating to the above alleged agreement. You are notified that you are obliged to supply this document, whether you are the original creditor or not, under s.189 of the Consumer Credit Act.

As you will be aware, any credit agreement, which is not properly documented and signed by the customer, is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim issued. Any legal action you may contemplate will be vigorously defended and contested.

You have until (date) to comply with the above requirements, failing which you will be in default. Furthermore, if you have failed to respond fully after one month you will have committed an offence and will be reported to Trading Standards and The Financial Services Authority.

Semd it by Recorded Delivery and DONT sign it just computer type your name.

It is highly unlikely that they will have this information, these companies are not law obiding they are simply bullies and they shouldnt be allowed to trade in the way they do. I have had dealings with them and they are a nasty bunch, fortunately i got the upper hand!. Why they are bothering with £20.00 we will never know!

A few months a go my neighbour borrowed some money off me and paid me by cheques. These cheques was written by her boyfriend but as soon as they broke up the cheques bonced. I have try on a number of occasions to try and sort the matter out but still no money! Does anyone have any advise they can give me. I been told that I can take it to a small claims court but feel that will not go anywhere. I would like to know if a Debt collection agency would take this on and claim back the money? As I have now end of my line trying to reslove this. The money is only £150 but at the end of the day £150 is what I am out of pocket with.

Use the small claims court, that’s what it’s there for.

Has anyone had any problems with this company?
I signed up with them and bought wel over the yearly quota for books from them and now they have sent me to a debt collection agency for a few books i have not even recieved!
The debt collection agency seems to understand my plight as i said i was willing to pay for what they can prove ive had (by sending me a full account statement) but they have not and every time i phone up the people i speak to do not seem to understand what im trying to say!

They are very sl0ow in sending out things. They don’t have very good customer service. I ended up getting a partial refund from them.

in the UK…………

lenders use different credit reference agencies in the uk, the main three are experian, equifax and callcredit. the lender should tell you who they use to check you out, and any searches will only be visible with the agencies that they use.
so no, creditexpert "experian" will not show all searches.
you can request a copy of your credit file from any of them by sending £2.

Is is legal (I’m pretty sure it’s not) for a debt collection agency to use false pretences to gain a person’s address and to harass their family and neighbours?
Many thanks for your answers…..these agencies are truly the scum of the earth….

Chances are when you applied for a loan, you gave the name and phone # of the relative living closest to you. The lender can contact them, otherwise they are most likely violating their privacy policy by contacting others.

Does anyone know where I can find a code of practice for debt collection agencies in the UK?
I’ve had a look online and can only find things like banking codes.

However, this isn’t for agreed credit so doesn’t apply.
The story is…..
I received two parking tickets around May 2007. An agency contacted me to get the payment for both on Saturday.
They are saying I paid one too late and therefore owed a further charge, and I didn’t pay the other one.
Now……. they may be right about the late one but surely I should have been told back when I paid the lesser amount? And I have no recollection of the other one!
As it was so long ago I have no record of anything.
And I have had no correspondence about this at all before Saturday!

Its taken 20 months for them to contact me, and they are being extremely aggressive and rude. They have basically called me a liar and said I did know about both tickets as I made a payment to one of them.

Is there a code of practice for how agencies should behave in these types of things?

Yes there is the OFT debt collection guidance
www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

But fines are collected under different rules and it might actually be a bailiff company.

If you want to know the difference try the debt forum at www.talkaboutdebt.co.uk

When dealing with a collection agency, the most important this is to stay quiet. Say as little as possible. Ask for information about the debt in writing — they are required by law to comply. This gives you time to research your options.

Did you also know that debt collectors are not allowed to call you at work if you’ve told then your employer doesn’t allow such calls?

Union Plus Legal Service can help if you need legal istance with debt collectors. Visit http://UnionPlus.org/Legal or call 1-888-993-8866 to find an attorney.

Debt collectors generate more complaints to the FTC than any other industry. Arm yourself with the information to help put debt collection calls behind you.

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