C.A.R.S. chasing hutchinson 3g mobile debt

[Delta82]

Hi Im new and in a bit of a bad way ..:o

 

I have a debt with Hutchinson 3g (old mobile bill) which is over 4 year old or so now.

 

I received a letter form a debt collection company called C.A.R.S saying I was a confirmed occupant,because a letter was received a few month earlier saying the same but my girlfriend and I had split up and I was not actually living at the address at the time,so my Girlfriend rang to say I no longer lived there But I am now back at the address.

 

Anyway I got in contact saying I can only afford £7.50 a month which is really all I can manage but was told quite bluntly £30 is the minimum,now after a week or so I receive a phone call asking about how I was going to pay and told the same ,I can only reasonably manage £7.50 but again told quite cheekily and bluntly ,we can only accept £30 minimum and if I cannot make that payment .. we have no alternative to proceed with further action

 

What are my options ? Is there anything I can do ?

 

And what is this "further action"

 

Much appreciated for any info or help

[spamheed]

Don't speak to these people on the phone, except to insist that any communications are made in writing.

 

Get them to prove that they have a legal right to collect on the debt.

 

I know being a mobile phone, it isn't covered by a CCA request, but they should be able to produce an agreement of some kind to substantiate the debt and their right to collect, after all, they could be anyone just turning up out of the blue.

 

If you wish to make an offer, make it in writing, that way if things do go along the legal route, you can prove that you've tried.

 

How much is the debt for?

[spamheed]

Given that this debt is for a phone bill, I can't imagine it being a large amount

 

"Further action" will normally mean, continuing to harrass you, sending you snotty letters, threatening to send around the boys, eventually, it may even involve taking you to County court and obtaining a CCJ, which normally means, paying back the debt at an amount you can reasonably afford. this is generally why they try to avoid the courts. and once the CCJ is in place, it will affect your credit rating, but at least you are paying what you can reasonably afford

 

They would like you to believe that "further action" involves hammers, kneecaps and you ending up a homeless alcoholic, but it just isnt the case.

 

There is a letter in the templates library (Letter M) which covers telephone harrassment, send them it and insist that everything is documented and as such cannot later be denied.

 

if you receive any further communications, post them on here and i'm sure you'll receive assistance.

[Delta82]

great .. much appreciated ..you dont realize how much this means..I assume they all think us debtors dont actually look for help lol.

 

Again ..thank you

 

I will keep you posted on the actual proceedings etc.

 

Also Spamheed the debt is for about £300

[shadygiz]

it would cost them around £1000 to take you to a county court judgement....do the maths, its not likely they will pursue that avenue

 

also, get a list together of all your debts/payments/loans/bills/rent, etc

 

at the top of the list make sure you have the rent and council tax and bills (i.e. items that you have to pay or you will suffer)...then add in travelling expenses to and from work/food bills, etc

put a weekly or monthly cost against each item, and try and include as many debts/outgoings as possible

 

when needed you can use this to produce a means test letter, to state what your incomings and outgoings are, and to show what you can officially afford to pay them back each week/month

[spamheed]

Just to correct

 

It doesn't cost £1000 to go through the courts for a CCJ, I think there is some confusion over bankruptcy proceedings which don't apply here.

 

However for £300, I would reckon its unlikely, they would take that route. stick to your guns with a figure you can afford, submit your income and expenditure form and insist that this is all you can afford, it may be an idea to actually send the first payment of that amount to them. If they take the payment, it would be difficult at a later date to convince a court that your intentions were anything other than genuine

[shadygiz]

sorry mate...my bad

[Delta82]

UPDATE : I have now had a letter saying a field agent is coming today between 8am and 8pm ..

 

I have not payed anything yet because of being payed monthly .. can anyone advise me what to do step by step.. as the debt is over 4 years old now

[sillygirl1]

A Field Agent has no legal rights to enter your home and ask questions. You can tell them to go forth and not multiply their meagre commission quite legally. If they start causing problems call the police, it is your right. The have no more rights than the pizza delivery person to enter your home.

 

There is a letter that you can send them recinding the right for somebody to call.

[pt2537]

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

PRINT YOU NAME DONT SIGN

 

 

it the idjits turn up on your doorstep, hand them this and then tell em to go away as they are trespassing and if thy dont leave you will call the police

 

if they dont turn up, then pop it in the post to them

 

regards

paul

[Delta82]

Thank you .. I will be sending an Income and Expenditure listing along with a payment of £7.50 ..(even though they refused this)... just in case things go the legal way and will send the letter above also..this is the only DCA I have had trouble with

 

Again Thanks

[brett18uk]

HI

 

CARS are pursuing me for a fitness first membership which I cancelled.

 

Does anyone have their contact number or address - I can't seem to find it anywhere?

 

Would be much appreciated.

 

michaelsparling@hotmail.com

[Joaninha23]

C.A.R.S Phone Number: 0844 880 0880

[angienuthead]

HI

 

CARS are pursuing me for a fitness first membership which I cancelled.

 

Does anyone have their contact number or address - I can't seem to find it anywhere?

 

Would be much appreciated.

 

michaelsparling@hotmail.com

 

 

i am in the same situation, CARS have rung me and hung up a number of times but when i finally talked to them (the situation is i cancelled my three month try out period and THEN they told me it would take two months to cancel...which i thought odd) they were not polite at all.

 

I told them i was sorting it out with fitness first and not them, as FF missold me the membership, and there is nothing in the small print of the contract saying two months cancellation...whoever heard of a two month one?

[mysteriousx]

One point, I bet none of you read your terms & conditions. It's not the debt collection agency that is the problem. They're doing their jobs. You can't have something for nothing. The company you need to be discussing online is the company you started with & also yourselves for being too lazy to read through the information provided by the company to help you. Everything no doubt will be in the terms & conditions for you, simple. Debt collection agencies are vital. Recession is due to debt, debt is due to not receiving the amount of money you are putting out! The minimum payment would have been £30 for your £300 balance, yes. All you need to do if you really can't afford that is write an income & expenditure, showing your incomings & outgoings & your disposable amount. If you seek help from the Citizen Advice Bureau also there will definitely be no questioning to the list you’ve provided. These need to be realistic with mostly vital outgoings. It's easy to see when someone is including payments that aren't really necessary, & where money can be used for paying debt.

One final note, it is really due to certain idiots in the world that means debt collection agencies have to up their game.

I used to work in debt collection.

Will check this again for you if you wish to reply!

[pt2537]

One point, I bet none of you read your terms & conditions.Ok first problem, this implies that they were given in the first place, maybe worth checking if they were sent to the debtor first before making assumptions

It's not the debt collection agency that is the problem. They're doing their jobs.Ah ha and heres the second, just doing your job eh? sad problem is that most fail to do their job within the legislative framework set out by the CCA 1974 , Administration of Justice Act 1970 and other statutes along with the OFT Guidance on debt collection

 

You can't have something for nothing. yes you can, its a fact that, under secured agreements where the agreement is unenforceable, the monies repaid are recoverable, see s106 CCA 1974, in addition, the onus is upon the lender to get it right, not for the debtor to make sure the lender gets it right, the CONSUMER credit act is in place for consumer protection not creditor protection

The company you need to be discussing online is the company you started with & also yourselves for being too lazy to read through the information provided by the company to help you. Everything no doubt will be in the terms & conditions for you, simple. Debt collection agencies are vital. Recession is due to debt, debt is due to not receiving the amount of money you are putting out! The minimum payment would have been £30 for your £300 balance, yes. All you need to do if you really can't afford that is write an income & expenditure, showing your incomings & outgoings & your disposable amount. If you seek help from the Citizen Advice Bureau also there will definitely be no questioning to the list you’ve provided. These need to be realistic with mostly vital outgoings. It's easy to see when someone is including payments that aren't really necessary, & where money can be used for paying debt.

 

One final note, it is really due to certain idiots in the world that means debt collection agencies have to up their game.

 

 

 

I used to work in debt collection.

Will check this again for you if you wish to reply!

ah so i must be wrong, i thought the recession was caused by securitisation and using CDO's or collateral debt obligations which created the major risk and losses in the sub prime market

[IdaInFife]

Hi delta,

 

whethter they accept your payment proposal or not just keep paying the £7.50 and on schedule to your timetable.

 

Try and include the £7.50 with the letter

 

ida x

[echoreply]

Reference cars

 

do not phone there 0844 number or even telephone them they run all their incoming calls through a level 2 telephone exchnage which will record witheld ex directory numbers , although this is illegal and a breach of data privacy there is nothing that can be done

should they keep phoning do the following

1. BT Choose to refuse, it does not always work

2.Make a complainyt with trhe malicious call bureau at |BT and the police

3.worse case scenario change number but do not call

There is no agency with any teeyh that can deal with these companies in the correct fashion

 

remember its your word against there's and they will try to manipulate the situatuion. Deal directly with the company you have the debt with and remove C.A.R.S from the equation, keep everything in writing and always send recorded delivery. Aknowledge nothing over the telephone including who you are: if they call you just state that under the data protection act you are not obliged to confirm anything and put the phone down

 

the above represents my opinion hope it was helpful

[cas1963]

I made a payment to C>A>R>S via a debit card. they are now taking a payment of this card each month. I have not authorized this are they allowed to do it

[PoisonPro]

I made a payment to C>A>R>S via a debit card. they are now taking a payment of this card each month. I have not authorized this are they allowed to do it

 

That depends on what was agreed when you made the payment, you could of agreed to pay a select ammount each month untill the debt is payed off in full.

If you payed a debt off fully through the 1 payment then they are most definatly NOT allowed to keep taking money from you.

This would be theft.

If i where you i would get myself to your bank asap and cancel the all standing orders to C.A.R.S. then seek further legal advice.

[SasukeLea]

Can you help me I've received three threatening letter from them (C.A.R.S) saying they want to collect debt from me of £20!! yes £20 and that it! :jaw:there going to send collectors round the house to collect the £20 and put something against my name and send me to court:!: so that i can't get any credit or something like that.

 

£20!!!!

 

What should i do? *sob*

 

 

Just to correct

 

It doesn't cost £1000 to go through the courts for a CCJ, I think there is some confusion over bankruptcy proceedings which don't apply here.

 

However for £300, I would reckon its unlikely, they would take that route. stick to your guns with a figure you can afford, submit your income and expenditure form and insist that this is all you can afford, it may be an idea to actually send the first payment of that amount to them. If they take the payment, it would be difficult at a later date to convince a court that your intentions were anything other than genuine

[funkygeorge]

Guess I must be one of the "Lazy Idiots" that mysteriousx refers to. Yep, I'm having problems with C.A.R.S. over a 3G bill, £20. My own fault mysteriousx, had a couple of strokes, angina, lung disease...and more! I am dealing with c.a.r.s., not paying and have told them I will get the police involved. They have sent me a couple of text messages asking me to phone them, no way! What I'd like to know is why prats like mysteriousx even bothers with forums like this, he/she is obviously a debt collector at heart still, maybe even a banker, you know, the people that brought this country to it's knees. Get a life mysteriousx, leave the forum to people who want to try to help each other with their problems, you want to lecture people? apply for a uni job, you're certainly no use here.

[gary47]

Cars have tried to get in touch with me about an expired phone contract with 3 my contract was coming to an end june last year and I sorted a new conract at the 3 shop 30 days before my old contract ended 3 rang me up and asked me if I wanted to continue and I said no and 3 said ok no problem but they ignored it and billed me for the next 3 months so I cancelled the direct debit and the next thing I got is a letter from cars saying I owe 3 2 months money I rang cars up and they said it was a rolling contract I said bull it was an expired contract and they had no rights and they hung up on me

[Thetontofromtoronto]

Given that this debt is for a phone bill, I can't imagine it being a large amount

 

 

There is a letter in the templates library (Letter M) which covers telephone harrassment, send them it and insist that everything is documented and as such cannot later be denied.

 

I can't seem to access the template letters through the library. All I can find are past discussions. Am I missing some thing or is this because I have only just registered as a user?

 

Many thanks.

[mikeymack2002]

Template for telephone

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone