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#187275 - 5th Dec 2007 5:30pm Help with Debt Problems *****
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20958
Loc: Wirral
Ive decided to start this one as i'm being harassed for a debt that is no longer mine and i'm increasingly
getting peed off with the letters and the phone calls i'm making to them.

In my instance i have a Debt being chased from 10 years ago
where it was human error on there part that caused it.
But now that Debt has been sold onto an agency.

So now there king of the hill with there horrible attitudes,
and everyone is guilty.

There were a few things ive learned about my case.

1) Debts die after 6 years and are unenforceable unless by DEED (eg a mortgage).
2) When a company sells on the debt the information can go with them.

So even though a debt agency knows that my debt is over 6 years
there still prepared to chase me and hound me for it.
Great that, no wonder they weren't interested in court when i mentioned it.

I called the loan company direct after a google,
and they have no records of me, and then the agency told me
that they wont, because the information (if any) comes with it.
But in previous calls they said they were contacting the loan
company to see if they would wave the debt? Lier's !!! mad
They don't have nor can they provide details (break down) of the debt.

So i got looking for the original company.
And i came across a site purely by accident trying to track
down the company i took the loan with. And on this consumer
site it has templates for debt situations.

* Letter A - Ask your creditors to hold action on your account
* Letter B - Ask your creditors to accept pro rata offers of payment on your debts
* Letter C - Ask your creditors to accept a token payment or no payment on your debts
* Letter D - When a creditor refuses your offer of payment
* Letter E - When a creditor refuses to freeze interest on your account
* Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
* Letter G - When creditors have turned down an offer of payment, interest is still being added but you donít want to go to court
* Letter H - When a creditor asks you to agree to a voluntary charge against your home
* Letter I - Request for a stay of execution in the High Court
* Letter J - Full and final settlement for any debt
* Letter K - Ask creditors to write off the debt due to your circumstances
* Letter L - Ask your creditors to reconsider if they refuse to write off the debt
* Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
* Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
* Letter O - Mortgage shortfalls: Breakdown of balance owed
* Letter P - Mortgage shortfalls: Please write off the debt
* Letter Q - Mortgage shortfalls: Full and final settlement letter
* Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
* Letter S - Inform your creditor that you are terminating your hire purchase/conditional Sale agreement

If there is something that may help you in that list
take a look, i'm sure it will help.
That's how i came across the 6 year clause.

There must be many more sites that can help and offer advice
so if you come arcross any please post as you never know
when you or a friend may need that help.

My in formation comes from www.consumeractiongroup.co.uk

I hope that helps, i'm sending off my letter tomorrow smile
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#187402 - 6th Dec 2007 11:17am Re: Help with Debt Problems [Re: Mark]
Brocks Offline
Smartchild

Registered: 11th Jan 2007
Posts: 520
Loc: Wirral
The wifes grandfather entered into an agreement he didn't understand, Anyway cut a long story short, the debt was paid but the company kept harrasing thim. Me brother in law is now a solicitor so he decided the best form of defence was attack and started procedings for harrassment and other things I don't quite get.

The company backed off within a week and the matter is very closed.

If ya letter don't work, (assume letter M) get a solicitors letter.
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#187442 - 6th Dec 2007 3:31pm Re: Help with Debt Problems [Re: ]
MrPhil Offline
Forum Master

Registered: 14th Apr 2006
Posts: 2367
Loc: Prenton
that has to be the most stupid comment i have read on Wiki
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#187546 - 7th Dec 2007 10:50am Re: Help with Debt Problems [Re: ]
MrPhil Offline
Forum Master

Registered: 14th Apr 2006
Posts: 2367
Loc: Prenton
burying your head in debt is a bad thing to do, as i have just found out.

i never payed and Orange phone bill for 400quid 6years ago, we decided to look for a house to buy (me and the missus) applyed for a morgage from Northan Rock and we were declined. all because of a silly dept i never payed.



Edited by Philw (7th Dec 2007 10:53am)
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#187595 - 7th Dec 2007 6:24pm Re: Help with Debt Problems [Re: MrPhil]
MattLFC Offline
Wiki Master

Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Quote:
applyed for a morgage from Northan Rock and we were declined

Don't take it too personal lol, I should think their declining everyone atm, they dont actually have any funds themselves lmao. The credit squeeze hit them hard then most, because 75% of their funding is loans lol.

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#187684 - 8th Dec 2007 4:12pm Re: Help with Debt Problems [Re: MattLFC]
MrPhil Offline
Forum Master

Registered: 14th Apr 2006
Posts: 2367
Loc: Prenton
this was in June. well before the scare.
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#187719 - 8th Dec 2007 11:50pm Re: Help with Debt Problems [Re: MrPhil]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20958
Loc: Wirral
You can write comments on your credit file (Experian),
that can be taken into consideration, by that i mean,
lost my job, or illness.

It can help sometimes.
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#206214 - 12th Feb 2008 7:41pm Re: Help with Debt Problems [Re: Mark]
Waddi Offline

Forum Guardian

Registered: 11th Jul 2004
Posts: 4006
Loc: New Ferry
Maybe a little off topic but, as a few of you may know we moved into our house in december and at the same time got a BT line installed (previous owners were with cable)

Last week we got a phone call asking for a person who doesnt live here, and wasnt the last owner either, we told the caller the facts, that the requested person didnt live here and it was a new line/number to the address, they apologized and told us that the number would be removed from the system. happy

We are now getting phone calls 2 or 3 times a day that when we answer, it goes dead, 1471 gives the number 0870 1609545 which belongs to debt collection company "Aktiv Kapital". we have no debts and never had. but we do have children and the government did lose our details on them disks. clap

I believe they are trying to lure us into phoning the 0870 number and paying the premium call rate, no chance, I have been on SAYNOTO0870.COM and got a geographical number 01244 500600.

Any tips before I phone them.
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#206219 - 12th Feb 2008 8:22pm Re: Help with Debt Problems [Re: Waddi]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20958
Loc: Wirral
That "Aktiv Kapital" was the ones after me.

I'm happy to say after sending the Template letter to them
ive not heard anything since, where i was getting a call a week
and a letter every 2 weeks.

Hope i'm not tempting fiat.

Moral of my experience is this.
No matter what they say at the end of the line,
they will say anything to get you into a new agreement,
Best advice i can give in hine sight is to say to them,
to put it in writing, so you can pass it on to your solicitor,
and any future letters calls will be seen as harrasment.

See the templates above (First post).

These Sell on the debts will do any trick and
even lie to you to get what they want or need.

Waddi - your going to have to send them a letter. IMO
They will say no problem we will remove your number,
and it wont be removed, and it goes on and on.
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#206221 - 12th Feb 2008 8:31pm Re: Help with Debt Problems [Re: Mark]
Waddi Offline

Forum Guardian

Registered: 11th Jul 2004
Posts: 4006
Loc: New Ferry
The thing is they wont acknowledge me as they have no issue with me, but keep ringing my number and hanging up, apparantly they are trying to contact a woman of whom I wont name, but since I dont know who she is, I dont know her full details, therefore they're "unable" to access her file to change her contact details.
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#206222 - 12th Feb 2008 8:43pm Re: Help with Debt Problems [Re: Waddi]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20958
Loc: Wirral
Waddi they can !
That's the first mistake.

To stop the calls you will have to put it in writing
and send it to them recorded.

No matter what they say waddi at "Aktiv Kapital"
DO NOT BELIEVE THEM wink

By the sounds of it, you will have to send them
a harassment letter by recorded delivery.

I promise. Once there hooks are into you right or wrong,
you are a point of contact.
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#206227 - 12th Feb 2008 8:52pm Re: Help with Debt Problems [Re: Mark]
Waddi Offline

Forum Guardian

Registered: 11th Jul 2004
Posts: 4006
Loc: New Ferry
I've been doing a bit of research, Im gonna keep a diary of the phone calls for a week. to give the letter a bit of substance.

Thanks Mark.
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#206228 - 12th Feb 2008 8:53pm Re: Help with Debt Problems [Re: Waddi]
Waddi Offline

Forum Guardian

Registered: 11th Jul 2004
Posts: 4006
Loc: New Ferry
they say its Data protection act.
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#206232 - 12th Feb 2008 9:08pm Re: Help with Debt Problems [Re: Waddi]
Mark Online   Reading


Wiki Master

Registered: 9th Nov 2003
Posts: 20958
Loc: Wirral
They said to me i was liable under the 1980 debt blar balr act.

In fact it was that very act that got me out of it.
All i'm trying to say waddi its that, they will say
and do what ever it takes.

Yeh Data protection they cant tell you.
But they can access what they want...
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Wow Wirral History is coming along Great! Wirral History

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#206247 - 12th Feb 2008 10:05pm Re: Help with Debt Problems [Re: Mark]
Waddi Offline

Forum Guardian

Registered: 11th Jul 2004
Posts: 4006
Loc: New Ferry
after a bit of research into their methods of practice I read that when they are trying to obtain initial contact with a person, they try to trick them into accepting the debt. one way they do this is by hanging up when they answer, hoping person presses 1471 and calls them back, when they answer they ask the person to confirm their details in-order to pull up their file to see what the call was about, once they have confirmed they're details, they have "legally" accepted the debt. barstard.

I feel that they dont believe me when I tell them that the person they are looking for is not at my address nor do I even know of her. so they are going to keep ringing and waiting for someone to slip up.

Does anyone have office xp, I need to get writing a letter.
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