intrum justitia

[DDWales]

Im am currently on a repayment plan with the above.

 

As you all may be very aware they are far from helpful (-the telephone calls have stopped after a 'nice' CAG Template letter was sent-thanks guys:D)

 

My querie is that every few months i get a letter from them saying that they want to increase the monthly repayments.

 

At the moment this is impossible due to my finances.

The last time i contacted them (approx 3 months ago after one of the letters) they said fine as i had increased my original amount of of monthly repayments myself

-as i wanted to clear things quickly

- so things stayed the same.

 

Last week (merry xmas!!) i had another letter stating that they wanted to increase it again!

I can obviously see a pattern emerging here!

I simply cannot afford this at present.

 

Any advice would be very grateful

[Pinky69]

Have you checked there is an enforceable agreement for the account? If you are satisfied there is one, pay them only what you can afford and don't speak to them on the phone - everything in writing only - insist on it

[silverfox1961]

My advice. Tell em to get stuffed!

You decide how much to give them not the other way around.

only a judge can force you to give them anything and it has to go to court first.

 

Do they have the right to be collecting the debt(valid CCA?)

 

fox

[mr.ton]

The greed of DCA's knows no bounds

You pay them in good faith & they still want more.

You should now stop all payments and demand that the matter be sorted out properley in a court.

Serves them right

[ScabHunter]

Good advice from my colleagues here.

 

The way the economy is now, and the rising prices in the shops, mean that it is far more likely that a reduction in the level of payments is appropriate, than an increase.

 

If you live on benefits, for example, your benefit goes up by a pitiful percentage every year. In the meantime, essential expenses like food will have been going up by a far greater percentage on an ongoing basis with no extra money coming in to cover them.

 

If you do answer this type of letter, send ONE reply, and make it clear that any further letters of this type will be ignored. Unless somebody's income rises due to a better job, promotion, etc., what possible reason can there be for demanding more money?

 

All this assumes that the alleged debt is enforceable, of course. If you don't know this, spend your money on a CCA request instead.

 

SH

[DDWales]

Thanks very much for the quick responses-much appreciated! Have just been reading around the site about this company...they really are something arent they!!

 

Re-Pinky69-sorry for my lack of knowledge but how can i check if theres an enforceable agreement? Have read bits on this site about CCA's?? Is this it? And i promise i will insist on written correspondence from now on!

 

silverfox1961 I thought that i had to pay what they said otherwise court?...ive obviously been duped:confused: The phonecalls were very threatening-one caller told me point blank that i was ignorant, absent minded and stupid amongst other things! .

..i wish i had recorded that one:-x

 

A Valid CCA, like what Perky69 stated?

How can i find out if they have this right?

 

mr.ton- tell me about it!

I have never shyed away from any debts and have always done my best to repay but have never experienced how to deal with DCA's before.

 

 

I honestly thought what was happening was they way things were until i discovered this site.

 

 

These people are allowed to get away with this!!???

 

 

I must admit though

-i am a little court shy and concerned about that prospect

[silverfox1961]

everyone who has answered you have at some point suffered at the hands of these bucket scraping curs. Go here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Choose letter "N" edit it to suit and send it to them, They suddenly go quiet for a bit and the letters get more polite too

 

Golden rules

Never speak to them on the phone

Everything in writing

never sign anything-just print your name

every letter sent recorded delivery

Most important.NEVER SPEAK TO THEM!!!

 

fox

[ScabHunter]

No, they are not a pleasant organization. They are, sadly, typical of the entire industry which operates at the level of the savage and has no respect whatsoever for human beings.

 

If you are not sure that this alleged debt is enforceable, then you should definitely find out.

 

The first stage of the filter is - is it your debt? You wouldn't believe the number of people who are paying money on an alleged debt that was never theirs in the first place. Unless there is an original creditor and account number you recognize on the letter, make them prove that the alleged debt is yours.

 

If they can do this, then the next stage is the limitation law. Has there been any period of six years or more during which there was no payment towards, or written acknowledgement of, the alleged debt? If so, it is statute barred and permanently unenforceable at law.

 

Assuming that the alleged debt passes through these filters, you should send a CCA request for a true copy of the original agreement. They have 12+2 working days to comply, and if they do not, you are at liberty to stop paying them. They cannot enforce the alleged debt until they produce an enforceable agreement in the prescribed form.

 

Send Letter 'N' from the templates, with a £1 postal order, and don't sign the letter.

 

SH

[mr.ton]

The phonecalls were very threatening-one caller told me point blank that i was ignorant, absent minded and f#####g stupid amongst other things! ...i wish i had recorded that one:-x

I have never shyed away from any debts and have always done my best to repay but have never experienced how to deal with DCA's before. I honestly thought what was happening was they way things were until i discovered this site. These people are allowed to get away with this!!???I must admit though-i am a little court shy and concerned about that prospect

 

DCA's are simply yobish brainless threat monkeys on the phone....it is always advised quite rightly to never speak to them on the phone, me personally, i just give as good back & love nothing better than a good ding-dong with them on the phone

As for being court-shy, there is nothing to be shy about - you wouldnt be on trial or anything - there is no "guilty" or "not guilty" involved - its all very informal & sorted out sat round a table in an office type room.

Most people never end up there anyway as it costs the DCA's money to get you there

[DDWales]

silverfox1961,ScabHunter and mr.ton..thank you for all of your kind advice. Very helpful..will use the template letter and take it from there. I like the 'letters get more polite too' bitsilverfox!

 

 

silverfox1961-thanks very much for the template advice and links

 

ScabHunter- thank you! As far as i am aware (will check!) i pass through the first two filters and will use the template and then give them the 12+2 days. If they do not do this by then what would happen next? And also, can this method of CCA be done with all of these companies

 

mr.ton- thank you!...has settled my nerves and calmed me down abit. Wouldnt mind hearing your telephone conversations with them:)!!!!

 

Will take the above steps and keep you all informed..and once again-thank you !!!

[mr.ton]

s

mr.ton- thank you!...has settled my nerves and calmed me down abit. Wouldnt mind hearing your telephone conversations with them:)!!!!

 

They wouldnt be broadcastable before the watershed

[ScabHunter]

ScabHunter- thank you! As far as i am aware (will check!) i pass through the first two filters and will use the template and then give them the 12+2 days. If they do not do this by then what would happen next? And also, can this method of CCA be done with all of these companies

 

This method of asking for a true copy of the agreement is effective with any loan or credit card agreement taken out under the Consumer Credit Act 1974.

 

Overdrafts are not covered, because they don't need an agreement containing the prescribed terms. However, there is at least one known case of a DCA closing an account after being given a CCA request for an overdraft, so you just never know. They aren't the world's most intelligent people, after all.

 

Some very recent accounts are covered by the Consumer Credit Act 2006, in which much of the useful legislation was repealed. Whoever was responsible for this change has either not thought through the consequences of this, or simply doesn't care.

 

The 12+2 days (2 allowed for delivery) are pretty much meaningless. The alleged creditor can produce an agreement at any time after that and still enforce the debt, provided the limitation clock has not expired.

 

When you send a CCA request, it is very rare to get a response within the time. Once the 12+2 days have expired, they are in default and you can stop paying them.

 

After that, it depends on what turns up. Sometimes, nothing will surface, and the debt collector will pass the account on the next pile of parasites. Should this happen, you can just send them a "bemused" letter telling them that the account is in dispute with the first DCA, and should not have been passed to them. There is no need to send a second CCA request, although there is no harm in doing so.

 

If an enforceable agreement turns up, they can enforce the alleged debt. You can only be asked to pay what you can afford, although if you own property the situation is more complicated. We are seeing a lot of forthwith judgments being issued in court, followed by charging orders. It is still rare to see a home being sold by forced sale, and Irn-Broon and his cronies are supposed to be trying to reduce this still further.

 

If an unenforceable agreement containing none of the prescribed terms shows up, then DCAs tend to go into fairy tale mode. They invent a lot of excuses, and sometimes law which doesn't even exist, to try to force you in to giving them money. Some of them will even issue court papers in the hope that you will roll over and give them judgment in default.

 

Do not worry too much about court. There are people on this forum who can quickly equip you with appropriate defences should this happen, although it is still best to read up on case law so you know it yourself. Anyway, this is a long way off.

 

Eventually, with an unenforceable agreement, the statute limitation clock runs out and the game ends. Unless you go into philanthropic mode and offer a full and final settlement beforehand just to get the matter settled.

 

SH

[DDWales]

Thank you for all of your information.

Its really helpful, ive learned alot and will take all advice given.

I dont know what i would have done if i hadnt discovered this site...still cant beleve that these companies are allowed to get away with what they do:evil:

 

There are a few other things that am going to take up with on here

- certainly with regards to bank charges and reclaiming them.

Will keep you informed of what happens from here.

 

Again, many many thanks

[DCA-KING]

i would also send a letter every 2 months stating due to the credit crunch i will have to reduce my payments and that i would welcome court action and let a judge decide as then my payments would be a lot lower

when you state you would love it to go to court they know a judge would make you pay less and they dont bother you

i told one on the phone one day please take me to court? you wont get credit sir??you having a laff with debts of 80k who would give me credit im on benefit and if it goes to court il only have to pay £2.50 a month

so please do not call again

I also told lowells when they kept calling all calls are recorded and that my offer was £1 a month if you call again then that means you except my offer following day i get a call i just told them thanks for the call and excepting guy lost his rag NO I INT EXCEPTING YOUR OFFER i sent a letter and a transcript of the call to there head office and to OFT and FOS stating if they require i will give them a cd with the recorded calls on they got paying a £1 a month

they keep writing asking for more so i offered 50p a month if they write again it means they except my offer of 50p never heard nothing from them again and stopped paying

Regards DK

[DDWales]

Very interesting! Thanks DCA-King The advice from people like yourself is great. As a fairly new member im only just learning the ropes so all of the knowledge im quickly gaining is superb! Cheers!

[DDWales]

Just to update you.

 

I.J are happy to carry on with the standing amounts paid.

The reason for this is simple..this great site and the fantastic caggers on here

Following the threads from Fuzzy Bobble and others i decided to actually phone I.J myself

- i know i broke the golden rule of only contacting them by writing but i wanted to see how much i could push them.

 

Giving scant details, all i asked for was how much was left to pay off the account and if they were happy with the amounts given.

 

They said they were and everything was fine.

Usually if they intend to increase anything (as noted by reading the other threads on here) you would be told there and then.

 

Fine i thought and left it there.

So nearly a month later its status quo, no phone calls and everything is fine!

I dont expect this to last however and if things get a little rough i shall update and CCA immediately.

 

Again thank you to everyone who has helped and commented.

I am now in the process of bank change relaimation from Barclaycard see

- DDWales v Barclaycard thread

- which will be the first of many.

 

Little by little i intend to get back what was taken from me!