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Madam Rosmerta | Do I really owe this debt collection company money? |
About 8 years ago, I took out a £1000 loan, along with the incredibally expensive insurance against job loss and sickness etc. Around a year later, I added an additional £1000 to that loan.
I had always kept up payments, until I was signed off from work with work related stress and clinical depression. I immediately called regarding my insurance. They refused to honour the insurance on the grounds that depression is a mental illness and therefore not coverable. I argued that depression is a physical illness, a hormonal imbalance, and that with treatment could be fixed. Rather than deal with me on a reasonable level, they then started to send bully boys to MY MOTHERS house - with whom I did not live, as well they knew. At this point, my now husband and I told them that this was not acceptable behaviour and that they should go through a legal route - ie, I'd see them in court.
Fast forward a few years and a debt collection company start pestering me for it. I tried to explain the above - that I was willing to go to court with the company that originally i had a deal with, and that they had been sold a debt that was under dispute. I was not willing to just pay them £1000's on their say so. Finally we moved house and they lost us.
Today, they have found me again. I have tried to explain the above. He just kept talking over me, raising his voice. He then called 5 times in the space of 2 minutes. We have taken the phone off the hook.
I am not trying to ignore this - I am quite happy to go to court over this - but they of course do not want to, and keep trying to bully me. Do I really have to pay this, what are my rights and when do I get to sue them for harassment?! |
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marionbreed@btinternet.com
 |
In answer to your question; first log every call you get, date, time, duration and the callers name, insists on a name or you will not speak with them.
They take no notice of the Statute of limitation they just sell on and this can go on for years. But do not worry they can be stopped quite easily. Do not even think about moving house it will make no difference.
Do not panic, I reiterate do not panic or worry. Ask them for copies of the alleged debt as you need them for Trading Standard/Office Of Fair Trading. This usually deters them from getting in touch again.
If, and when you receive these copies send them to Phillip Inman at the Guardian Newspaper, 119 Farringdon Road, London.EC1R 3ER.
with a covering letter explaining the whole story and any correspondence you may have (photo copies only)
I have many years of personal experience in dealing with their bully boy tactics. Most of what they are doing is illegal, in fact criminal in some cases.
I hope I have put your mind at rest and you find this info helpful |
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old know all
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Write to the managing director of the debt collecting company. Tell him you dispute the debt and that the conduct of his staff has made the debt unenforceable. Also tell him that any further correspondence on this matter needs to be by letter and that you will be seeking £100 damages for each occasion that you are contacted in another way. Send a copy of your letter to the Trading Standards department at your local Council.
Now write to the company who originally gave you the loan. Point out that the loan came with useless PPI which failed to meet the payments when you were unable to work. You require from them a full statement of what the PPI cost and to be placed in the same financial position as if PPI had not been included. Also point out that the debt collecting agency they have dealt with have been acting illegally and that you hold them jointly liable with the debt collecting agency for compensation for their illegal activity.
If the debt collecting agency is Eversheds, email copies of both letters to their chief executive davidgray@eversheds.com and tell him an old know-all sent you. |
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Stevie
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If they have not been able to contact you for the past 6 years you can use a thing called Statute of limitations which is quite legal,this would get you out of paying them but look into it first.Otherwise you will need to talk to someone such as citizens advice who will be able to help you,one thing you should not do is let them bully you into committing to pay them more than you can afford to per week or month. |
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Aurelius
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I have had debt collectors harass me in two countries over two separate cases. I ignored them both. Just threw letter into the bin and gave nonsense replies to any phone calls. If you are sure that these guys have no claim on you then you should do the same. They take on bad loans at a cut price in the knowledge that they will collect on some and not on others. Just ignore their bullying, and I mean ignore. If possible do not even acknowledge any letter or call. If they do knock on the door tell them that you know nothing about anything. |
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nosdda
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If this bully calls you again, tell him that if he keeps harassing you, you will make a complaint to the Police. Tell him you are still willing to go to court over the matter, but until then don't phone and dont send threatening letters. Harassment is now a criminal offence. |
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Kim G
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Before you got signed off work how much of the balance was remaining and presuming you've now gone back to work why didnt you contact them to continue with the repayments.
As far as i can see from the total you owed they should subtract the monthly payments from when you were signed off work.
Also if in the smll print of the insurance terms and conditions it states you are not covered for stress then you will definately have to pay the money back plus costs for letters and court costs etc. |
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D R
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you would have to read the small print in your insurance agreement but phone community legal service direct 08453454345 this gives you free information on a big range legal they will point you in the right place to speak to someone but they should not harass you they breaking the law but you can not ignore it
it will not go away sorry |
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billie
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go to C A B they will sort this out for you. take all corresponding letters with you. |
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raggo13
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from a legal point of view u dont have to pay a thing any more because ur insurance covers u from job loss unless it states how u lose the job...aside from that even if the contract doesnt include job loss from a mental illness (it is mental and not physical) then u still dont have to pay on the grounds that u r not covered by a job anymore and there for have lost ur collateral
u see every loan has a collateral..when its a car loan then its the car itself, if a housing loan then its the house but if it is any kind of a personal loan then it is the salary u get and since u dont have it anymore then u cant pay it off
that company has the right to take u to court if they like and that ALL they have the right to do and same goes for u u can take them to court and the sooner the better since u have a case against them
under NO circumstances can they come to u at home and thats FINAL...i would say sue them as soon as possible
good luck |
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Gina
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You wouldve had better chances if you had talked to the original company that had your loan, I suggest you call the original company and talk to the highest manager you can get. They will try to tell you no you cant talk to anyone but just keep demanding a manager nicely. Tell the manager your situation and explain to them that you do not want to have to get a lawyer and sue them for the issue and that you would like to settle this. If they do not work with you, call the debt collection agency and ask for the manager. Explain that the rep who is assigned to your case is being unresonable and disrespectful and you would like someone you can actually talk to, tell them you are broke as a result of your illness and tell them what you want to pay. If they do not agree with you then tell them you will just file bankruptcy and they will never get any money. The worst they can do is file a judgement and you can file a complaint with the BBB or get a lawyer and go to court. GOOD LUCK I hate debt collectors they are criminals!! My fiancee had a student loan through sallie mae and his loan started at 5k he payed for 2yrs and it was up to 7k with all the payments he made. The debt collectors came after him when he couldnt pay the 600 monthly payments it had jumped to (previously 300) and after he paid they tried to take him to court and said he didnt pay, he had to get bank records of payment in order to get them to back off they tried to make him pay twice!!! |
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CLAIRE S
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i would go and see a solicitor or CAB and tell him whats going on, the end of the day you were covered against it, you are covered if you are off sick no matter what sickness you had, but they would have only paid the repayments for as long as you were off work so as soon as you started back to work repayments should have commenced but there being very rude about it all, are they official debt collectors if not id get the police involved 2, i think you might be able 2 win this case so go for it theres enough people being bullied for money they don't have |
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J G
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Sod 'em - it's a credit debt & therefore very difficult to enforce. Ignore phone calls & letters until they issue a court summons (which they'll probably never get round to) and then negotiate a payment scheme with the court. I strongly believe that everyone should pay their debts, but these collection firms are bullies & parasites. |
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Happy Murcia
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As you are in the UK the constant phone calls WILL be considered as harassment and is outlawed under the European Human Rights laws adopted back in 2006,nip to your local C.A.B. and get a leaflet and legal advice,,do not reply to any mail or phone back until you have consulted a professional |
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andromada21
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First up, you need to know wether you owe this or not. Look up either `experian` or `equifax` - both will do credit checks to see if you own any money, and this debt will show up. Only do one credit check though, as each one you do will score on your rating - equifax is probably the best one to pick.
Next, if you dont owe the money - go to CAB (Citizans Advise Bearea), who will give you advise on how to make the company stopp hasstling you.
Note - the statute of limitations will only work if this debt hasn`t been `sold on` to another company - you realy must find out if you owe the debt or not - ignoring a problem normally never makes it go away!
If you do owe the money, again, speak to CAB, they will give you advise of the best course of action to take.
I would also advise you keep a log of all the times this company contact you, what they have said, keey any letters from then, note down any `threats` made to you. Again, show this information to CAB and they may be able to get inolved for you - they will at least be able to point you in the direction, and give you advise on the cheapest form of solicitor - if that`s needed.
Good luck! |
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