"Right attitude"

A review of Allied International Credit by Beat them down written on Friday 5th of December 2008

They may be a legal company, they may have been requested legally to collect the money, the debt may have been assigned to them, however they must conform to legal statues and legislation.

I refer you to S.77(1) of the consumer credit act

77 Duty to give information to debtor under fixed -sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed

period after receiving a request in writing to that effect from the debtor and payment of a fee

of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other

document referred to in it, together with a statement signed by or on behalf of the creditor

showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total

sum, with the date when each became due; and

(c) the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date,

or mode of determining the date, when each becomes due.

and at S.77(4) what happens if the request is not complied with

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

It is advice as given below that frightens people into paying these companies when in fact they probably do not have the right to collect the money.

If the request for a copy of the executed agreement is not met, only a court can enforce the collection of the debt, and only if the original agreement can be suplied and it fully confirms to various regulation as set by the consumer credit act.

If the agreement does not meet these standards then it is totally unenforceable and not even a court can change that.

Unfortunately not enough is done to protect people from these debt collection agencies. Most use underhand and often illegal tactics to get money from people. They also think anyone who is in debt is scum, despite the fact that there are a number of circumstances for people being in debt, and not everyone is looking to get away with paying back what they owe.

For anyone who is being taken to court or is sufferring from the harrassment of these people I urge you to visit www.consumeractiongroup.co.uk for free advice or visit your local Citizens advice bureau. If they do have the necessary paperwork to enforce the collection of the debt they are chasing do not worry, if it does end up in court the no judge will force you to pay more than you can physically afford, even if that amount is only £1 per month. But the website mentioned above is a wealth of advise by people who have been there, done it, and beat the debt collectors into submission..

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