Hi I have an account with little woods and they have now given my account to a debt company called nationwide debt recovery ltd I was having problems paing my account so I wrote to little woods to explain in stead of helping me I got a letter from the debt company so I wrote to them and explain and said I was willing to make payments but they would have to be smalle amounts till my money situation was better and could they sort this for me but I got a letter back saying that I was an evasive debtor they said that I have to give them my phone number and sort out a payment plan do I have to give them my phone number and I tried to sort out payment in my previous letter why don't they respond and why are they been threatening can you help and what do I do

Well, unless a judge orders you to I would NOT give them your phone number. They will hound you to death by phone. If they want it bad enough, let them find it on their own. Most collection agencies do most of their business by phone. You may get more info out of them over the phone, but if you call them I would definitely do so from a public phone of some sort, because they'll record the number you call from and attempt to call you back there... repeatedly. They'll record your conversation, so don't agree to anything over the phone. State that you have copies of letters you've sent to them offering to make payments and that's all you can do. Again, don't agree to anything specific. Just, I'll send what I can, when I can type of thing.

Save copies of EVERYTHING you send them - offers to make payments, etc.

By the time you're in default they usually can demand payment in full. It depends on the original agreement you signed.

Unless there's some question as to the validity of the debt, it sounds like this will probably "haunt" you until you get them paid. If you can come up with a lump sum they may agree to settle with you. (Sometimes for as little as half.)

How to deal with DCA's

First Rule: NEVER talk to them on the phone as they will say anything to secure payment. Keep EVERYTHING in writing as this will supply an excellent paper trail should the need arise.

Second Rule: Admit NOTHING. Now bear in mind that DCA's are simply commission based "agents" and are looking for any admissions that they can use as leverage. It is the DCA's job to prove the debt is owed and valid, not yours to do their job for them.

Third Rule: Always deal with DCA's in a professional manner. Let them rant and rave and make all the threats. They will come unstuck before you do.

Fourth Rule: Stay cool and calm. Yes there is a debt to pay, but on your terms.

Fifth Rule: Well that'll do for now.

ANY debt collector MUST be put to task that they actually have the legal right to collect the amount. For UK debts, as this is, the Consumer Credit Act comes into play. Basically this is a request for the signed executed credit agreement. This has a statutory fee of £1, best to use a postal order.

Throw this letter at them and send it RECORDED delivery at least as there are important deadlines to observe.

Quote:

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Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

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Please note also included here is the fact you want everything in writing, not to be called and NO visits.

DON'T sign this letter, in fact NEVER sign any letter that goes to a DCA. A fancy font or simple name statement is fine and avoids any photoshop specials later on.

You must allow 2 working days for delivery, but as you have sent it signed you know when they received it.
If they don't sign for it, then the above applies.
They are also allowed 1 working day for "processing", so the clock starts 3 working days after postage, signed for or not.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with. While in default the DCA cannot take any further enforcement action, but this doesn't stop some of them making more threats.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.
Have a read through and if there is anything you are unsure of, feel free to shout.