Author Topic: FPC debt collectors- harassment!! HELP!  (Read 31611 times)

msantonia

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FPC debt collectors- harassment!! HELP!
« on: Jan 15, 2011, 01:11:29 AM »
Hello,
I'm new to this so I don't know whether I'm using this properly.
Basically I had a contract with vodafone, I had to move to another part of the country due to unforeseen circumstances which left me jobless and which meant I could no longer afford to pay my contract. Anyway my debt to vodafone has been passed on to FPC debt collectors. They were sending letters to my old address which luckily enough I was notified about by the family I was living with so I rang FPC. I told them I was currently jobless so could only afford a minimum payment but they refused to accept anything under 70pounds and told me if I didn't pay this monthly they would take immediate further action so I was forced into accepting the 70pound payment knowing that I wouldn't be able to afford it. I didn't pay the first payment and now they are harrassing me and threatening to take me to the county court if I don't pay the full 700pounds I owe and I really don't know what to do as I don't have that kind of money.
If there is anyone out there that could offer some advice it would be really appreciated!!
Thanks.

James Falla

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Re: FPC debt collectors- harassment!! HELP!
« Reply #1 on: Jan 17, 2011, 05:08:08 PM »
Hi there
 
Do you have any other debts or just this one? Also what is your income situation like now? Can you afford to make payments? At the end of the day, you need to calculate what you can offer to pay FPC each month and then make the offer to them. Even if you can only aford to pay £10 a month, start making payments whatever they say. That will reduce the possibility of them taking further action against you.
 
If you can give a bit more info about your circumstances, I can advise further...
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msantonia

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Re: FPC debt collectors- harassment!! HELP!
« Reply #2 on: Jan 25, 2011, 12:33:24 AM »
Hi,
Thanks for the reply!
No I only have the one debt with FPC. My income situation is better than before but I'm only in part time work so I'm not in any situation to pay the 70 pounds they are asking for. I recently went to the citizens advice bureau and they told me to write a letter to FPC stating my situation and they gave me a financial statement where I could write down my income and all my outgoings to prove to FPC the amount I can afford to pay so I'm now just waiting to see whether they accept this. I just hope this works! I am only 19 and really don't want debt problems at this age! I just want to start paying them back and not hear from them. They ring all the time, day and night, it's really starting to get to me.
Anyway hopefully they accept the amount I've offered to pay.
Thanks for the reply again!


James Falla

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Re: FPC debt collectors- harassment!! HELP!
« Reply #3 on: Jan 25, 2011, 12:50:29 PM »
Hi there msantonia
 
There is a high possibility that FPC will reject the offer you have made them. However, the best thing you can do is to start to make the payments anyway. If they see that there are regular payments coming in even though these are lower than they want, they are far more likely to stop harassing you. I am surprised that the perosn you saw at the CAB did not suggest that. Let us know how you get on and don't hesitate to ask if you need more advice.
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JohnSmith2011

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Re: FPC debt collectors- harassment!! HELP!
« Reply #4 on: Feb 05, 2011, 04:59:05 PM »
it sounds like they are harrassing you. is this still the case?

theassociate

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Re: FPC debt collectors- harassment!! HELP!
« Reply #5 on: Mar 10, 2011, 06:11:05 PM »
Hi there, I used to work as a debt case worker for CAB and LSC. 


Creditors ARE allowed to phone you as long as they DON,T phone before 9am or after 9pm or over the weekend and do NOT make demands for payment which are deliberately meant to alarm, distress or humiliate the debtor[font='times new roman']. OR  Pressurise the debtor to pay in full or in large instalments which you cannot afford. If this happens it [/font][size=0px]is harassment and you can make a complaint to the OFT document all the evidence you have.



They can send Letters.. Read the letters carefully they normally say "may result in" or "will pass this on too" and "if granted by the court".  It is just intimidation - Vodafone is a non - priority debt and if you do not have the money to pay the debt - then my advice is don't pay it.  They threaten to call round to your home but if they do they don't have no powers and you do not have to let them in or discuss the account you can simply shut the door on them and if they continue to call at your home.. Phone the police as this is harassment.


Don't be threatened by these people - Ignore the calls — go to CAB for free advice or let them take you to court — the chances are that they will not do this because it will cost them in doing so and if they do send a court form return it with a  Financial Statement showing your income and outgoings if there is no available income or if you are on Income Support or JSA offer them a token offer of £1 per month and submit this to the court and to the Collection agency.  99.9%  gets accepted hence why a creditor will not take you to court unless the debt is over £3,000 because it adds court costs and they only get a low   payment of £1 per month.


Other Points to keep in mind:


 
As for the threat of Bailiffs, the debt would have to go through the County Court first.  Only CC or Mag Bailiffs can enter your home. Not a collection agency.


If you have several non priority debts totalling less than £15,000 do a D.R.O Debt Relief Order.   


If you have a credit debt that is 6 years of age since you made payment to achnowlaged the account, then you should not need to pay it as it would be Statue Barred (unless its tax or a benefit overpayment) - Template Letters can be found at  national debt line


If you have a credit card or loan debt ask for a copy of the credit agreement.  If you took out the debt before 2006 and they cannot provide you with the "signed agreement" then the debt should be unenforceable as they would need this agreement in court.  You are entitled to request a copy of this agreement by law.




The only time you need to be concerned is if the debt is a priority e.G court fine or Council Tax  and if you own your own property[size=0px] then advice from a free debt specialist such as CAB or National Debt Line  should be taken. [/size]



Whilst you are challenging a debt it is illegal for any collection agency to enforce payment.


If you feel that you have been suffering harassment contact the OFT to make a complaint.   


Just remember its not a criminal offence to be in debt and therefor you should not be treated like a criminal or harassed by a creditor.  You have rights! [/size]

FinanceGenie

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Re: FPC debt collectors- harassment!! HELP!
« Reply #6 on: Mar 11, 2011, 05:56:49 AM »
Well I need an advice on how one can manage money dispute with any company for which I owe.

Take an example when if someone wrote to company and asking for the money they told them and agreed to pay it, but asked to come to some arrangement as anyone couldn't pay the whole amount. Then they never replied to any of letters, instead they contacted fpc who sent letters saying either pay the debt which is now for double the amount [!!] or you will going to court. They should not be able to get away with this and I am wondering if anyone out there has had any success in winning their case against them??

theassociate

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Re: FPC debt collectors- harassment!! HELP!
« Reply #7 on: Mar 11, 2011, 10:54:03 AM »
Im confused ???   Is this a business debt or a personal debt? 


A lot of companies have their own internal collection agency's and others will either pass the debt on to a debt collection agency such as (FPC) or sell the debt to a debt collection agency when you have defaulted on the account. this is legal as long as the collection agency who is representing company is oberaiting within the collection guidelines as found on the OFT website.


Read your letters again.. do they say WILL take you to court or MAY take you to court?   If this is a business debt if so it is treated diffrently to a personal debt.


My advice is never to nogociate payment  over the phone as thease people work in call centres and are trained to intimidate and get the maximum from you knowing you cannot afford to stick to a payment agreement that they may arrange.  The best thing to do is  work out a budgeting sheet of your income and outgoings and if there is any available income left use this as a payment offer attach the following letter with a copy of you'r budgeting sheet and send it recorded delivery.. at least it will arrive on someones desk that has a little common sense.  If you have no available income to offer - than make a token payment of £1 per month (normally the case for people who are on benefits).


Dear Sir/Madam
Re Account No/Reference No:-
Since making that above agreement with you, our circumstances have changed.
I cannot now afford the agreed monthly payments because ... [your paragraph added here]
I enclose a Personal Budget sheet which shows my total income from all sources, and my outgoings. As you can see I have only £_____ per month left for my creditors.
The offers I have made to my creditors have worked out on a pro-rata basis, and I have written to all creditors asking them to accept reduced payments.
In view of my circumstances, please would you agree to accept a reduced offer of £_____ per month. If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce what I owe you.
Should my circumstances improve I will contact you again. I would be grateful if you would send a [paying-in book] [standing order form] to make it easier to pay you. Thank you for your assistance. I look forward to hearing from you as soon as possible. Yours faithfully


OR


Dear Sir/Madam
Re Account No/Reference No:- 4563210025897412
Since making that above agreement with you, our circumstances have changed.
We cannot now afford to agreed monthly payments because ... [your paragraph added here]
We enclose a Personal Budget sheet which shows our total income from all sources, and the total outgoings of our household. As you can see we have no money left to make offers of payment to my creditors.
In view of our circumstances, would you please accept [no payment at present] [a token offer of £1.00 per month] to be reviewed in six months. If interest or other charges are being added to the account, we would be grateful if you would freeze these so our debt does not increase.
Should my circumstances improve we will contact you again. We would be grateful if you would send a [paying-in book] [standing order form] to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible. Yours faithfully


Letter 2


Dear Sir/Madam Account No: 4563210025897412 Thank you for your letter of DD-MM-YYYY concerning the above account.
We are are sorry that you feel unable to accept the offer which we have made. The majority of our other creditors have accepted the offers made to them and we have commenced payments. We cannot offer you more because we can only afford £_____ per month between all our other creditors, and it would be wrong to cease or reduce payments to our other creditors in favour of your company. The offer made to you is on a pro rata basis, as used by the county court.
In the light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We will be making the payments in line with the offer to your company, on a weekly basis, as a gesture of goodwill.
We look forward to hearing from you as soon as possible. Yours faithfully


Letter 3


Dear Sir/Madam Acc/Ref No 4563210025897412
Thank you for your letter of DD-MM-YYYY. We are very disappointed that we seem unable to reach a satisfactory compromise in this case. As we have already explained, we can only afford £_____ per month at the present time, and we feel that it is pointless paying this amount to you only to see the debt increase. We invite you therefore to sue us for the debt, when we shall have the opportunity of offering £_____ per month through the courts.
In addition, once judgment is granted we understand that further interest will be suspended in any event. It seems that we can only achieve a reasonable outcome to this matter by allowing the courts to decide, although this will involve us both in extra expense and time wasted with court proceedings.
The offer of £_____ per month plus suspension of interest is of course still open to you to accept. Yours faithfully




shocksoc335

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Re: FPC debt collectors- harassment!! HELP!
« Reply #8 on: Mar 12, 2011, 07:14:24 AM »


Creditors ARE allowed to phone you as long as they DON,T phone before 9am or after 9pm or over the weekend and do NOT make demands for payment which are deliberately meant to alarm, distress or humiliate the debtor[font='times new roman']. OR  Pressurise the debtor to pay in full or in large instalments which you cannot afford. If this happens it [/font][size=0px]is harassment and you can make a complaint to the OFT document all the evidence you have.



Yes excellent!

Ask your telephone provider to block witheld numbers this might help!
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James Falla

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Re: FPC debt collectors- harassment!! HELP!
« Reply #9 on: Mar 14, 2011, 11:31:12 AM »
Unfortunatley a DRO is not available in this case as there is only one debt totalling £700. 
 
At the end of the day, I think it is important to point out that if a debt is legitimately owed, then every efford should be made to pay it. I agreed with the advice that making a token payment offer of £1 is a good idea if that is all that can be afforded. However, if you can affrod to pay more the pay as much as you can to ensure the debt is paid as quickly as possible.
 
If a creditor takes out a county court judgement (CCJ) against you, even if this states you only have to pay £1 a month, yes you can not longer be hassled to pay by the creditor, however they can still add statutory interest of 11% pa. As such it is best to pay as much as you can to pay the debt as quickly as possible.
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caza89

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Re: FPC debt collectors- harassment!! HELP!
« Reply #10 on: May 09, 2011, 11:46:02 AM »
hi . i am new to this ..i get atleast a letter every 2 days of FBC debt collectors .... i had a contract with vodafone but had to stop paying due to health issues and i couldnt pay them so a few months went by and the debt was adding up so i started to pay them 20pound amonth of my own back but the bill keeped on getting bigger bigger and i cudnt keep up with it . they sent me a letter saying pay this amount and the rest will be swiped but i explained to them that i was unable to do that , then they just keeped senting me letters going higher and higher . its nearly 2x as much as wot it shud be as a overall bill.. i dont know wot to do about this??

James Falla

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Re: FPC debt collectors- harassment!! HELP!
« Reply #11 on: May 11, 2011, 06:58:06 PM »
Hi casa
 
You may well have a number of options to resolve your problem depending on how much debt you owe in total and whether you are a home owner or renting. Can you give us a little more information about your circumstances and then we can advise you further :)
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caza89

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Re: FPC debt collectors- harassment!! HELP!
« Reply #12 on: May 11, 2011, 07:41:00 PM »
hi thanks for the reply

 i owe all together about 1,500 with all my debts together  i owe  these lot about 450 pounds and the rest to others but they are keep putting it up with every letter i receive. Also i am renting from the council , and i am on benefits (disability ) .
  :)

James Falla

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Re: FPC debt collectors- harassment!! HELP!
« Reply #13 on: May 12, 2011, 05:18:30 PM »
Hi Casa
 
Given you are struggling to make a sensible payment arrangement with your vodafone debt, it might be worth considering a debt management plan. The CCCS may well be able to help you with this for free. However, I believe that they can only help you if you can afford to pay a minimum of £80 a month towards your creditors. It will be worth giving them a call to find out.
 
Alternatively given that you are renting and your income is made up of benefits you should also consider a debt relief order (DRO).  This solution is designed to help people who have debts of less than £15,000 but cannot afford to make any payments. The cost is an upfront payment of £90. You then have no further payments to make. If you want to consider this option, you should mention it when you speak to the CCCS as they will be able to implement it for you if you decide it is the way you want to go.
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