Should I give debt collection agency all my information?

S

SimonD

Guest
Hi
I had a Tesco credit card, with an outstanding balance of €4000.
I'll give a small bit of background first. I missed a payment on a Tesco credit card before Christmas 2011. I got a letter on Dec 31, saying I had to pay €400 within 21 days. On Jan 10 I called them, stating I had just paid €150, and would pay €250 on Jan 24. The girl said that was fine. Day after I made the Jan 24 payment, I got a letter stating my account had been cancelled. Letter had been sent on Jan 23!
I called the Tesco collections dept, who said my case would be transferred to the Complaints dept. At the end of January, I got the regular statement, which showed the €400 had been received.
I rang again, but Collections told me my case was now with Complaints, and they couldn't help me. Anyway, I received several letters from the Complaints Department, apologising for the delay, assuring my case would be resolved soon. But they never took my calls.
I didn't make any payment, as I didn't know what to pay and no one was able to deal with me.

Two weeks ago, I receive a letter from Triton Credit Services. My debt is now with them, asked me to call. Which I did. The guy at the other end of the phone was not nice at all, he wanted all my information, including my income, outgoing expenses etc. I told him I would not give the information, he said he would send out a form. I rang Tesco again, but they said I was no longer a customer, so they wouldn't deal with me.

Last week I received the Financial Statement form. The letter said "You must complete this form as fully as possible and include proof of your income and a pro-rata payment offer to this debt."
I also got a letter from Tesco Complaints, which said I had been misinformed by the girl on Jan10, and the card was rightfully cancelled as I didn't make the payment within the 21 days. The letter also stated they would take €100 off the debt to make up for the delay.

I'm not sure what to do next. I reckon I can pay Triton €80 a month. Do I just phone them and make that offer? Or should I go to MABS and get them to help me fill out the form? I'm not happy about giving Triton any of my personal information.

Also, should I make a complaint to the Financial Regulator about how I was treated by Tesco? It won't reduce my debt, but I do feel this issue could have been resolved without the Triton if Tesco had just dealt with me sooner.

All advice gratefully received.
 
So Tesco dont have a contract with you and you dont owe them anything, perfect.

you have no account with Triton and have signed nothing so there is no problem.

Of course dont engage with Triton or give them any information or agree to have an account with them by engaging just ask for a copy of the contract and a signed invoice.
 
I second Pied pipers approach. Don't engage with them at all.

Default is built into the credit card business model. That's why the interest rates are so high.
 
The form is so that they can get all your info, so they can ring your boss, family etc and harass them for the money. Do not give this to them or you will never hear the end of it. Engaging with debt collectors at all is the worst thing anyone can do.

Just ignore the debt collectors completely. If you answer the phone and its them, just hang up. Or say "I dont need a new shower. Goodbye". A lot of people never answer blocked numbers or numbers they dont recognize. They just say so in their voicemail that "I dont answer blocked or unknown numbers, so leave a message and i'll get back to you if you are important to me". Join that club.

Just write to Tesco to send you an account number to pay into every month. Tell them you will not pay to a third party.
 
Even though I was supposed to be cut off in January, Tesco sent 3 more statements with the usual payment forms attached. Should I just pay some money using one of those before writing? Or would it be better to just write the letter, and wait for that account number?
Thanks to everyone for replying, I feel a lot better knowing there is a way to resolve this without having to deal with the debt collectors.
 
Please bear in mind that the contract you signed with tesco probably included a term that allows them assign or transfer your account or debt to another entity. This will then give the third party the right to contact you.
Whether you engage or not is up to you. I would however urge caution until you receive more replies from the regular posters on such matters.
Best of luck with whatever you decide.
 
The reason they want you complete a financial statement is not as sinister as it's being made to sound. The financial statement would show your capacity to repay. If you show them that you have decent money coming in and spend it foolishly, instead of commiting to clear the debt, they ay seek a judgement.

For example, if you're paying sky €75 a month, and putting €40 a week into savings, they will definitely take further action. If however, your expenditure is reasonable, and they can see that it's really just down to not having enough money coming left over after you've paid your esb/rent etc, they will probably consent to the €80 per month, as long as you show that this is all you can reasonably afford.

Also, given the fact that the debt is now with Triton, it is likely that the interest and charges are now frozen.

And to second what Luternau has stated, it is extremely likely that they have the right to pass on the debt to a third party. You have also acknowledged the debt, so don't be fooled into thinking that you can just walk away. You will get nowhere by just turning your back on the creditor, you need to engage with them, or if you don't feel up to it, get MABS or other debt advisor to contact them for you.


www.frost.ie
 
This is not in relation to Simon's query, just writing in general.

Firstly, if your debt has been sold to a third party, you can be sure that it has been sold at a value much less than the amount outstanding, maybe less than a twentieth of the value. The third party will attempt to get back 100% of the amount. The original lender will receive tax write-offs on the amount sold. Remember that as you go toward final delinquency finance and penalty charges will bring the amount of the debt sold on to an amount much greater than the capital borrowed.

As you have not ever dealt with this company before, you have every right to advise them that you are not aware of the debt. Ask them for proof that you are the right person, what the debt is made up of, for a copy of the original credit agreement and how they have come to have your details. Until they provide this, the debt is unenforceable under Irish law. They have to take you to court to have a judge override this.

These companies are very competent at breeding fear over the telephone. Make sure all correspondence is done in writing as things are not so threatening in black and white with a few days to digest it. If they phone you, do not answer their security questions and ask them to write to you, if they have an address. Do not provide an address.

These companies operate by scaring those who are going to stump up the easiest and ignore those who know their rights. Make it as difficult for them as possible. The worst that can happen is that you will pay off the money that you acknowledge you owe.
 
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