someone please give advice for large catalogue debts

[BRIGADIER2JCS]

I agree attempting to decide which account one is dealing with is a nightmare!

[vonny1]

Hi would just like to give you all a quick up date on my

simply be debt.

 

A quick recap, account opened pre 2007 and they did not send me a signed agreement after cca request.

 

Received letter from fredrickson international asking for the money.

 

Sent account in dispute letter.

 

Have just received a letter from simply be this morning saying that as they cannot find a signed agreement

and so cannot take me through the courts for this debt they are informing fredrickson to no longer pursue this debt and the case is now closed.. RESULT!!!!!!!

 

thank you all so much for all your help.

 

 

 

Now regarding my freemans debt that has been taken over by moorcroft that was also pre 2007,

 

I sent cca request and they could not find a signed agreement so I sent account in dispute letter to which I received numerous threatening letters of which I ignored.

 

Then yesterday afternoon I received a visit from a debt collecter at my home.

He was a nice polite gentleman who just said he had been asked to call round by moorcroft on behalf of their client freemans.

 

I told him I had written to them to say I couldnt afford to pay as I am at the moment on benefits.

He just replied " so you have no means of payment, ok I'll let them know", and left. 2

 

things,

as he said it was on behalf of their client freemans does that mean the debt is still owed by freemans?

And it all seemed a bit to easy, he wasnt pushy or abrupt, just left when I said I couldnt pay.

 

Could this be the start of something and they were just checking that I lived here before they do something else

or was I just lucky that he was quite a friendly debt collector????,

 

many thanks,

 

yvonne.

[BRIGADIER2JCS]

Good result vonny, yes it seems Freemans still own that account.

[dx100uk]

Hi would just like to give you all a quick up date on my

 

Now regarding my freemans debt that has been taken over by moorcroft that was also pre 2007,

 

I sent cca request and they could not find a signed agreement so I sent account in dispute letter to which I received numerous threatening letters of which I ignored.

 

Then yesterday afternoon I received a visit from a debt collecter at my home.

He was a nice polite gentleman who just said he had been asked to call round by moorcroft on behalf of their client freemans.

 

I told him I had written to them to say I couldnt afford to pay as I am at the moment on benefits.

He just replied " so you have no means of payment, ok I'll let them know", and left. 2

 

things,

as he said it was on behalf of their client freemans does that mean the debt is still owed by freemans?

And it all seemed a bit to easy, he wasnt pushy or abrupt, just left when I said I couldnt pay.

 

Could this be the start of something and they were just checking that I lived here before they do something else

or was I just lucky that he was quite a friendly debt collector????,

 

many thanks,

 

yvonne.

 

next time he calls

 

 

say nothing and close the door

 

he is NOT a bailiff and ha NO legal rights to ask you anything.

 

is this on your CRa file I forget?

 

dx

[vonny1]

Hi dx yes its on my credit file as defaulted in April. Do you think I will receive another visit?, should I send them the letter saying that I do not give permission for them to call at my house?. Thanks for advice x

[unclebulgaria67]

Hi dx yes its on my credit file as defaulted in April. Do you think I will receive another visit?, should I send them the letter saying that I do not give permission for them to call at my house?. Thanks for advice x

 

I would not bother. They probably won't call again. Most of these people who visit are self employed on a commission only basis. If you can't pay, they can't earn anything.

 

If the CCA request is still outstanding, then keep evidence of this request, as you may need this should they want to pursue this further. I suspect that Moorcroft won't keep this debt much longer and it will be passed onto another DCA.

[vonny1]

So why do you think simply be just backed down and wrote the debt off which was nearly £4, 000 while my freemans debt is only £1, 000.??. So you think that it wont be long before I start to receive letters from another dca. When this happens do I do the same thing and send another cca request ??. Many thanks.

[unclebulgaria67]

So why do you think simply be just backed down and wrote the debt off which was nearly £4, 000 while my freemans debt is only £1, 000.??. So you think that it wont be long before I start to receive letters from another dca. When this happens do I do the same thing and send another cca request ??. Many thanks.

 

Closing their file and not pursuing is not the same as writing off a debt. It may be chased again at some point by another DCA.

 

When a DCA hits a road block, they will often sell the debt on at some point. If you start to receive chaser letters from another DCA, all you need to do is point them to the correspondence with the previous DCA and that the account has been passed on in error, because it is in dispute or you had been advised it would not be chased any further.

[vonny1]

Hi

 

I have been on here before and had some wonderful advice on my cat accounts

that I can no longer afford to pay due to my financial circumstances.

 

I would like a little more advice on my K&co account please of which I owe £10k.

 

To cut a long story short I was given the advice on here that as I opened the account pre 2007

and after a CCA request they couldn't come up with a signed contract,

that the debt is unenforceable so don't pay them.

 

After the CCA request I sent the account in dispute letter.

They have carried on adding interest to the account ( the majority of the orders were on buy now pay later)

 

and I have just received a letter saying my account is very behind and they want 2'000 immediately

to bring the account up to date.

 

Its like the CCA and Account in dispute letter were never sent.

 

Should I send them the account in dispute letter again.

 

The account has not yet been defaulted on my credit file.

 

Also there are still amounts to be added to the account this year for buy now pay later items plus a whole load of interest,

If the account gets defaulted before all these charges are added on can they still add them to the amount

the account would be when it was defaulted (hope that makes sense) many thanks for your help and advice, Vonny.

[vonny1]

Any advice would be much appreciated!! many thanks..

[silverfox1961]

Hi

Just because they cannot supply an agreement doesn't negate the fact that there is a debt and although they may not have the ability to enforce the agreement through the courts, they can still legally chase you for the balance. It is your choice whether you pay or not. Once 6 years have passed (5 in Scotland) and you haven't paid nor acknowledged the debt, then collection activity should cease.

[vonny1]

Oh I know the debt still stands,

but was advised on here that as its unenforceable all they can do is send letters and debt collectors.

 

I have no money to pay or I would.

 

My question is should I send another account in dispute letter or just ignore them??

 

I was also told on here that if I start to pay even £1 per month they would hound me for ever more so I am best not doing so.

 

Also can they still add on the amount of BNPL items after the account is defaulted

or will the balance remain what it is at the time of default??

 

many thanks.

[vonny1]

Advice anyone??

[silverfox1961]

When a default is placed with a credit reference agency, that should show the amount owing at the time of the default and (I believe) the balance on a monthly basis. Whilst they are adding interest and charges, the balance will obviously increase.

 

There is nothing you can do about the letters. They are well within their rights to chase you. They will probably farm this debt out to a DCA who will hound you. Are you able to cope with this for the next 6 years?

 

I won't say pay or not. That is up to you.

 

You could send another letter but what would it achieve based on what I have said above?

[vonny1]

Its not that I don't want to pay,

my husband left me and our 3 children with no financial help

and I have had to go on benefits so I am unable to pay.

 

I have had to move in with my sister as I could no longer afford to stay in my house and she knows nothing of this,

 

I don't want my family to know the financial mess i've been left in.

 

The last thing I want is debt collectors calling at the door every day but I don't know what else to do.

 

I was going to offer £5 per month which I know would never pay the debt off

or any where near but at least it would be something,

but the advice I was given on here was don't pay anything otherwise I will be hounded for ever more!!

 

If I offered a small amount per month wouldn't it then be on my credit file for ever??

and they would probably still pass it to a DCA and wouldn't they still come knocking at the door trying to get more money??.

 

At least if I don't acknowledge the debt for 6 years it will then be statute barred and taken off my credit file.

 

I really don't know what to do for the best?

 

The whole situation is making me feel ill!!.

 

If it is passed to a DCA, the amount at that time cant be added to can it??

 

what would you do silver fox???????,

 

many thanks.

[silverfox1961]

Based on the new information you have kindly supplied, the most any court (if it ever got that far) is £1 a month.

 

Let us be clear, the idea that a DCA would call on you is remote. There a some who do have doorstep callers but if that chance happens, there is a letter in the library to deal with that (doorstep letter) If they have a phone number for you, they will hound you on that. Do not give out phone numbers willy nilly as DCAs have a knack for getting phone numbers

 

Regarding your credit file, once a default is placed, it will fall off after 6 years. Between now and then, if you make no payment, it will become Statute Barred.

 

You have already followed procedure in the CCA request. They have failed to comply so they can do bugger all to you apart from chase. The fact they add interest and charges is neither here nor there as if you cease payments, the 6 year rule comes in.

 

If by chance your future changes and you find that your financial circumstances change, then you could decide to tackle this with a full and final settlement.

 

The reason I was so brusque with you, your first post looked like you were trying to avoid paying. My apologies.

 

I do feel that a problem shared etc. Your family may be more supportive than you think OR try giving National Debtline a call

[vonny1]

Thank you for the advice, I just dreaded having debt collectors coming to my familys door. I think I will hope for the best and wait for it to become statute barred. one last thing, they have started sending nasty letters again now should I just ignore them or keep sending account in dispute letters?? and when it is passed to a DCA should I do the same?? many thanks.

[dx100uk]

regardless to all the threats

at the end of they day

 

they rarely turn up

 

and even if they do

they are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

so all in all, nothing to worry about.

 

they've no CCA, so stuff all they can do in all reality.

 

as stated by SF

 

once a debt has been defaulted, it will vanish on the defaults 6th birthday

and the SB date will be a few months before that.

 

dx

[silverfox1961]

If (a big if) anyone happens to turn up, point to your doorstep and say,"Help yourself." Otherwise tell them to go forth and they have to. If they refuse, you can call the police (NOT 999) and report a trespasser.

 

There is very little you can do with the begging letters except read what they say. You won't find many with the word 'WILL' in it. The letters contain 'Might', 'May' and 'If' but nothing definite. any threat of bailiffs, attachment to earnings or other type of threat is usually after they say, 'If we take court action' This is designed to 'encourage' you to contact them. Don't!

 

As this account is in dispute, you can (if you want) send a simple bog off letter to the chaser telling them the account is in dispute with XXXX and to return the account to them.

 

If you do write, I would encourage you to head the letter with

 

"I acknowledge no debt to you nor any company you claim to represent."

 

This leaves them in no doubt about your position.

 

There will be periods when the intensity of the letters increases but this tails off before the next muppet gets the account when it increases again. Don't be too surprised if you get two or three companies chasing for the same debt as DCA's have different trading names. Look at the bottom of each letter to see who they actually are.

 

The only time to be concerned is if court papers turn up. If that happens, help will be available for you

[vonny1]

Thank you both for the advice.

 

is it likely that they would take me to court with no CCA and the account being opened pre April 2007???

 

I had a DCA call round last month luckily before I moved in with my sister, that was for an account with Freemans

that I cant afford to pay now and that wasn't for very much so

 

I am really worried they'll be coming round for this amount. but like you say I will just have to discreetly tell them to go away!!. x

[silverfox1961]

is it likely that they would take me to court with no CCA and the account being opened pre April 2007???

 

Hard one to answer that. Some companies will try it on. Others won't. I suspect it is down to how much info they have. If they have been told there is no CCA then they 'may' not try it.

 

Nobody can see into a DCA;s mind let alone understand what is going on in there. Different planet etc!

[vonny1]

Hi

I would appreciate a little more advice please.

 

I found a template letter on here to send after a CCA request had not been complied with,

 

in it it stated that while the account is in dispute the creditor must not ask for money and must not default the account!!

 

Is this correct as my K&co account is in dispute and

 

I have just received a default notice which also asked for the arrears on the account to be paid straight away

before they take action against me.

 

Advice would be very much appreciated,

 

thanks.

[silverfox1961]

Hi again.

Unfortunately, you have found that template letters don't get updated very often following changes in the law or rules that govern the collection of disputed debts.

 

Yes they can default you. Haven't they done this previously?

Yes they can still chase.

 

The fact is they can still mark your credit file to show that you have missed payments and they have the right to default you as the debt is still owed (sad but true) Companies also 'forget' that they have tried to collect this debt previously)

 

They can also pass on/ sell the debt to a DCA at any time who will also harass you for payment. As this is a pre April 2007 account, they would have to produce the agreement if they went to court with this. They may try it, they may not. If you own a house, they may try it as you have equity. If you have nothing, it would be like throwing good money after bad.

 

If they do pass this debt to a DCA and they start the letters, you can still send the dispute letter.

 

Once 6 years (5 in Scotland) have passed since your first (and last) payment, you can tell them to go forth as it will be statute barred. Just don't acknowledge that you owe anything.

[dx100uk]

read the letter PROPERLY

 

it does not say WILL take legal action

 

if might maybe, instructed etc etc

[vonny1]

No I have only just received a default on the account.

 

You've worried me now silver fox as I do still co own a house with my estranged husband (or just strange as I like to call him)!!

 

It has negative equity as we re mortgaged some time ago so it is now being rented out which just covers the mortgage hence why I had to move in with my sister.

 

Do you think when the debt gets passed to a DCA they will attempt to take me to court for a charging order

even though there is no CCA and the account was opened pre-April 2007??, Kind regards.