Debtors finally catch up, HELP

[Benito]

I'm in serious debt thanks to having more credit cards than I ought to, last time I checked it totalled 19K. I had an Abbey, MBNA, Monument, HSBC and Barclays credit card. I was 19 at the time and had no concern for how I would pay the debt of eventually, I was just concerned with making the mimimum payments. I applied for and maxed out all of the above just over five years ago and shortly after started to fall behind on payments due to being made redundant. None of the credit companies were interested in freezing the interest or late payment/over limit fines I was constantly getting each month and this made the debt even less manageable to the point that MBNA were starting to ask for monthly payments that exceeded my monthly wage (I only worked part time as I was at uni) I started to become severely depressed and turned to drink and began considering suicide but I was too afraid to actually do it, instead I'd drink until I passed out in the hope that I wouldn't wake up. Eventually my best friend approached me and told me he knew something was terribly wrong and I told him everything. He suggested transferring uni and turning my back on it all just until I had at least graduated and that sounded like a great idea (in all honesty I still think it was!). So I told my parents to send all mail addressed to me back to the sender (I never got into debt with my actual bank thankfully and only informed them of my new address) and I left it all behind me, well, I never really believed I could run away from it completely I just needed time.

 

I graduated and moved back to my parents and it was all fine for a year or so until I started to receive letters (my parents said I used to get them all the time but they suddenly stopped, I still haven't told my parents about my debt). I opened a few of them and noted the PO Box numbers for each and then started returning subsequent letters back to sender based on the PO box numbers. This worked too for a while until just last Friday when I received Two letters one from Cabot and another from FIRE both regarding the same debt. The FIRE letter worried me the most as it seems to come from an office much closer to home (I still don't open the letters I just hold the envelope upto a light bulb and get the gist of it) and returned it to sender. However this morning just as I was leaving for work a man approached me holding one of those gadgets delivery men make you sign on, he said my name and I instinctively said 'yes' and he said I was to expect correspondence from Arrow Global. As soon as he said that I just knew it was about the debt, I've had a sick feeling all day, I'm such a fool and I really don't know what I should do. I can't really afford to pay off the debt now (well I never could!) as I'm already paying off a small mortgage that is my student loan, no matter what I'm up to my eyeballs in debt for probably the next 10-15 years, if I run again it'll have to be for good.....possibly abroad. If I can dodge them for just one more year could I get away with it? It would be 6 years since I last made any payment.

 

I know many will think I deserve to be caught up with as I should a) never got into so much debt and b) never ran away from it but it was the only viable option for me at the time, I managed to forget about the debt, get out of the suicidal depression and graduate.....no repayment plan could have done that I don't think.

 

I just need to hear the opinion of others as I can't bring myself to tell anyone else about my stupidity in getting into this mess, I can't even consider filing for bankruptcy...having to present my case to a court and all that...just the thought of it brings back all those horrible feelings.

Edited March 24, 2009 by Benito
Misspelled the title

[dx100uk]

right well firstly, you are not alone & you are not he only person to do this in your life!!

 

secondly, stop worrying & stop running and hiding.

 

all these sharks [opps DCA's Debt collection agencies] can do is send threat-o-grams!! they have NO LEGAL POWERS!!

 

don't be tempted to fall for any of the cleaverly worded letters they send you! neither talk to them on the phone or at your door.

 

incidently, they are NOT bailliffs! they cannot send anyone around to you door unless you invite them as you would a known vistor. if they do, tell them to go away & if necessary call the police, it is trespass.

 

now, the good bit.

 

to collect on these debts, each DCA will need to have the correct paperwok, namely a Consumer Credit Agreement, with your name , sig etc etc on it.

 

MOST DO NOT HAVE THEM.

 

if they really do get a pest

 

then fire them off a CCA request [cost £1!] that should see them away.

 

anyhow.

 

welcome along

do some reading about DCA's or the OC [original creditor] in the various named forums here. then start smiling again

 

you are not alone!

 

dx

[Nottsdave]

Hi

 

Welcome to the CAG

 

Your story is similar to mine(I had 50 k of debt) what you need to do is stop worrying you have done the right thing coming to this site.

 

First thing to do is post (scan) any letters you get on here for advice.

 

Golden rules,

 

1 Never speak to any DCAs on the phone all correspondence by letter

 

2 Send all letters by a minimum recored delivery and keep reciepts

 

3 Never sign a letter to a DCA print only

 

Others will be along with more advice but you are not alone and plenty of other are in / have been in the same boat as you are now.

 

Things can only get better now, you have to fight them and play the game.

 

Good Luck

 

Notts

[Nottsdave]

dx sooooooo quick

[harrassed senior]

Hi and Welcome

 

As has already been said, you are not alone now but by posting on here you have joined a great band of people who have gained their knowledge and, yes, power, from being in the same if not worse position than you are now.

 

As has been said, what you need to do now is to seize back your power over these debts and the collection agencies.

 

YOU have the power to make them do what you say, not the otherway round although they would like you to think that they have Almighty Powers, they have none, only a Court can make you do anything and you are a long, long way from being there yet, and probably if at all.

 

Good Luck (although luck does not really come into it) we are here to help and enpower you along the way many of us have trodden before.

[westendwendy]

Hi Benito,welcome to CAG.

 

Many of us here have been in a similar situation to you but with the help and support from this site I for one am slowly getting back in control of my life so stick with it and take the valuable advice that will be offered by the members,you'll soon be wondering why you've had so many sleepless nights.

 

How long ago did you last make a payment ? If it is more than six years the debt could be statute barred and you can send letter 'M' in the templates library.

 

If less than six years you can send a CCA request.letter 'N' in the library.

Send this by recorded delivery and enclose £1.00 postal order.Do not sign the letter.

 

It will help if you read a few of the threads in this forum, it will show you exactly how to deal with a DCA,and probably make you smile a bit too.

 

Don't give in to them,the help and support on this site is amazing and everyone will give you the benefit of their experience.

 

Here's the link to the letters:

 

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

Edited March 24, 2009 by westendwendy

[Benito]

Thank you Dx100 and Nottsdave for your replies.

 

You've no idea what a relief it was to read your posts, I was close to tears. I was expecting lots of tut tutting so thank you both sincerely.

[Nottsdave]

Benito

 

S**t happens mate, on here we all pull together for one good.

 

Notts

[Benito]

Thank you too harrassed senior and westendwendy, I think I understand what you mean when you say I'll wonder why I had all those sleepless nights, I had no idea about this place all those years ago i'm cheering up already!

 

Thank you all for the advice on CCA's it's been a revelation, the last time I made a payment on any of the accounts was just over 5 years ago (it'll be 6 years next march I think).

[babybear39]

Subscribing...

[Benito]

Oh and just to be pedantic, I know the title of this thread is wrong, I was meant to write 'debt' not 'debtors'

[dx100uk]

Benito

 

S**t happens mate, on here we all pull together for one good.

 

Notts

i think you forgot a word at the end of your sentence?

 

surely you should have put your first word at the end too:lol:.

 

dx

[Nottsdave]

Benito,

 

You would be wise to read read and read as much as possible from this site to get a understanding of how things work.

The next step is to wait until the letters start to come and one by one deal with them.

You need to post each debt seperately so that specific advice can be given, make sure you omit any personal details.

Sounds easy, thats because it is, but you need to help yourself by reading as much as possible.

Its probably best for the time being that you dont apply for any credit or request to see your CRA file as this will alert the DCAs.

 

Good Luck

 

Notts

[Nottsdave]

DX thanks for that, I stand corrected----NOT

 

[mr.ton]

as I was leaving for work a man approached me holding one of those gadgets delivery men make you sign on, he said my name and I instinctively said 'yes' and he said I was to expect correspondence from Arrow Global. As soon as he said that I just knew it

.

 

Did you contact the police? if not then do so (not 999)

 

Also report them to the OFT & trading standards asap

 

[poochball]

Hello,

 

First of all everyone makes mistakes. I thought I was the only one but realised that there was lots of people in my situation.

 

I too did a similar thing and got into 23k of debt. I lost my job and burried my head in the sand. You will get to the other side though and come out much better for the experience.

[shredder10]

sub

[Naxxas]

Did you contact the police? if not then do so (not 999)

 

Also report them to the OFT & trading standards asap

 

 

 

are they not allowed to call at your door? thats exactly what arrow's lackey did for me too!! im pretty sure theres a clause somewhere saying they need to ensure the data they hold on you is accurate before acting. clearly calling randomly at addresses proves this is not the case.

 

to the OP.

 

im dealing with Arrow at the moment, they are clueless, they really are!! ive sent them a CCA and default letter, and what they sent me back claiming to be my CCA was something i could have typed on ms word myself.

 

first thing is to relax. they are idiots. call the number left on the envelope that arrives, tell the local rep not to call at your door again as you are dealing with head office, mine said, oh ffs! not another one, HOffice never tells me anything and put the phone down in a huff, ofc use 141 before you dial. simply quote the account number and nothing more. tell him to do one politely and if he calls again at your door un-invited you will call the police and have him charged with tresspass.

 

this isnt about dodging your debt, itd about facing it in real terms, if they have no legal right to collect your debt you have no need to worry, your original creditor should not have sold the debt on, that isnt your fault its theirs!

[westendwendy]

are they not allowed to call at your door? thats exactly what arrow's lackey did for me too!! im pretty sure theres a clause somewhere saying they need to ensure the data they hold on you is accurate before acting. clearly calling randomly at addresses proves this is not the case.

 

 

No,not without your permission.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/528-dealing-with-doorstep-visits.html

 

You can write to them and tell them that they are not allowed to visit you,I'll try to find the letter.

 

This one from cerberuseralert seems to fit the bill:

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that 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 persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

Edited March 24, 2009 by westendwendy
Found letter

[palomino]

I think you will find the person that called is a tracing agent, not a collection agent.

 

He's just confirming that you live at that address. Doing his job, nothing more.