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[devonsdreamer]

Hi all- Me again!

Posted this yesterday on DFW board and was adviced to post here

I went bankrupt on 10th Dec 2007. I had two joint accounts with Hubby which were overdrawn. My husband has tried to speak with both barclays and abbey to sort this out BUT
Barclays closed the account and have passed the debt to 1st credit finance.
Abbey as yet have just withdrawn the facility and are charging £50ish a month in charges.

I know husband is liable for the debt now BUT what is the best way forward to sort this out. We have not heard from 1st credit as yet but I did have a scilent call from 08701642049 which when I googled was the number for them. Had a letter today asking him to get in touch to arrange payment for the full balance!! We do not have the money to pay in full and also our budget is very tight

Please could anyone tell me which is the best way to approach all this to get things settled as quickly and as painfree as possible. It has been suggested on DFW that he sets up a dmp with CCCS but at this point he is resisting doing this he still has a bit of an issue with the fact I have gone bankrut and NOONE in his family have any idea how diificult our situation has been( and still is). It may be possible for him to borrow some money from a family member to offer Full and Final payment (if he swallows his pride and asks very nicely) but it would be less than half we owe to each do you think they may accept this? We wouldn't be able to afford to pay back the family member and make monthly payments on the debt if they wanted us to pay a lump sum and the rest.

Many thanks for reading

[fermi]

There's not any quick or pain free way to deal with this, other than for him to decide whether he is going to try and negotiate a F&F settlement or make a proposal of an affordable monthly payment.

General advice is to make sure that any negotiation is carried out in writing, and that you DO NOT discuss this with the DCA over the phone. As I'm sure you are aware DCAs love to bully and intimidate you over the phone, especially since it allows them to talk an absolute load of rubbish that they wouldn't dare put into writing.

If he should decide a F&FS is the way to go, then make sure that an offer and acceptance of it is confirmed IN WRITING by the creditor/DCA. In addition make sure that they agree in writing to mark the debt as "satisfied/settled" or "partially satisfied/settled" on the Credit reference Files.

There is some excellent info on negotiating a F&FS here:

http://www.nationaldebtline.co.uk/en...tlement_offers

If he is going to propose monthly payments, then again do it in writing and don't be bullied into more than you can afford.

[devonsdreamer]

Many thanks, I had suggested that he didnt speak to them if they called but was worried it was the wrong thingto do. They have called today and hubby wouldn't give personal details for the "security" check. He was worried it would make things worse.

[devonsdreamer]

An update- sent a letter to 1st credit by recorded delivey to confirm recipt of there first letter and asking for all corespondance to be in writing and also if they would hold all action on the account for 28 whilst he sought advice.

We received 2 calls after they had received letter which I answered and told the advisor that my hubby was not able to speak with them as it causes him stress (it does he hates to use the phone) and also that they had recived a letter asking for correspondence to be in writing they said they would remove number

Now a letter has arrived stating that as he has not been in touch (he has by recoreded delivery) and that they intend to start court proceedings.

SO what now? is this the normal way to proceed? hubby hasnt refused to pay nor has denied the debt just asked for time to try and sort a payment plan out!
Any words of wisdom??

Many thanks

[rog2]

Originally Posted by devonsdreamer

Now a letter has arrived stating that as he has not been in touch (he has by recoreded delivery) and that they intend to start court proceedings.

Personally, I would let them take him to Court. When the summons arrives, he should state, in his defence, that he has been in written contact with them, in an attempt to resolve the matter. He should make an offer, to the court, of payments that he can afford, backed up with his income/expenditure statement.
The Court is most unlikely to order him to pay at a rate that he can not afford. They, the Court, will also view 1st Credit's behaviour, in respect of their claim that your OH has NOT been in contact with them, very poorly and may choose to 'punish' them by not awarding costs or by decreasing the amount that your OH must pay every month.
Any Court Order (CCJ) to be 'issued' by the court, will be just as binding on 1st credit as it will be on your husband, and any further 'harassment' by 1st credit will e illegal.

[AmIdone4?]

Hi Devondreamer,

I had dealings with 1st Credit (mine was 2 consolidation loans passed over from Lloyds TSB) ... and they tried similar strong arm tactics with me... including threatening to make me with BR via telephone (which I told them to do... and of course they didn't!).

Saying they haven't received your letter, to me sounds like classic bullsh*t tactics, as you've said you sent a letter recorded delivery, easy for them to deny any communication from yourself, and then threaten with further action.

As you've said you haven't denied the debt, just need time so sit tight for now! I would say they are definitely using bullsh*t intimidatory tactics

edit: agreed if they take you to court (which I v.doubt) you're in the right!
ps. sorry for lack of technical/legal input, just made me angry, I remember 1st credit... @**%$&##'s!

[devonsdreamer]

many thanks, I shall calm my worries and go back to my easter eggs.

[fiveyearplan]

Amazing, the healing powers of chocolate!

[AmIdone4?]

Originally Posted by fiveyearplan

Amazing, the healing powers of chocolate!

Like it

[devonsdreamer]

The healing effects of chocolate are greatly underatred

[rog2]

Originally Posted by devonsdreamer

The healing effects of chocolate are greatly underatred

As are its 'laxative' qualities, if you eat too much.

[tigerfeet2006]

Ooops!

[devonsdreamer]

I have written to first credit (for hubby) He has offered a token payment and they have asked him to call to discuss this - does that mean they are going to accept it?? or (as I suspect) try to pressure him into making payments more than we can afford.


Abbey- still ignore the letters we have sent and have sent a defalt notice, I guess the next step will be DCA- and i start all over again with the letter writing.

On a plus note where I volunteer I have become the "debt person" and I am now helping the young people face up to debt issues and assisting them with dealing with it assisting with the Filling of SOA and writing letters.

Thanks to all you guys for the great advice.

[fermi]

Originally Posted by devonsdreamer

I have written to first credit (for hubby) He has offered a token payment and they have asked him to call to discuss this - does that mean they are going to accept it?? or (as I suspect) try to pressure him into making payments more than we can afford.

Knowing 1st Credit and similar DCAs, I would think you are right. They will nearly always push for bigger payments, and try to do this by phone so that they can apply pressure and use bullying tactics that they wouldn't dare to put into writing.

If it was me, I would send a letter with the payment offered stating that because of your financial position larger payments are not negotiable at present. But I'm an awkward *** with DCAs.

[devonsdreamer]

I am going to speak with them on his behalf- they cant have more than we are offering and thats the end of it - they can try all they like- thanks to everyone here I am not worried about what they say they can do!!
I am prepared to make the payment offered by standing order or giro slip - guess they may not like it but since they dont take cash down the phone it is the only way we can pay

[devonsdreamer]

After sending the token payment letter oh recieved a "thanks for your offer of payment please call to arrange" letter. We replied with "thanks for accepting our paymnet offer please provide giro slips" the response to that has been:

A letter from them introducing the debt help team and within the letter it states " if you are considering re-mortgage or taking out loans to clear your debt please advise us" and then "our debt officers have full authority to offer yu a generious discount for a prompt full and final payment"

So what i am asking is for suggestions on what to do next- do I write offering what we can afford as a F&F figure (which is about 25%0f the debt) or do you have better ways of dealing with this??

Many thanks

[rog2]

Originally Posted by devonsdreamer

"our debt officers have full authority to offer yu a generious discount for a prompt full and final payment"

So what i am asking is for suggestions on what to do next- do I write offering what we can afford as a F&F figure (which is about 25%0f the debt) or do you have better ways of dealing with this??

Hi dd - IF you decide to go down this route, then you should read the NDL factsheet about 'Full and Final Settlement Offers' before making any offer, or approach to 1sr Credit:

http://www.nationaldebtline.co.uk/en...tlement_offers

A couple of points you need to bear in mind:

1. Even 25% of the alleged debt will probably net a healthy 'profit' for 1st Credit.

2. They will, most likely, refuse to accept your first offer - you should stick firmly to your guns and tell them that this is the highest offer that you can make, and even that is dependant upon their 'acceptance within 7 days' after which the 'funds' to make this offer will no longer be available.

3. Most Importantly, ensure that any 'acceptance' by 1st credit is on the basis of a 'FULL AND FINAL SETTLEMENT'. Accept NO other wording, for example 'Partial Settlement' or 'Settlement'.

4. Keep all correspondence, with these vultures, in writing only. Do NOT phone, and refuse to discuss your offer if they phone you.

Good Luck.

[AmIdone4?]

Hi Devonsdreamer,

Just to say, Stick To Your Guns as Rog2 has suggested or where DCA's are concerned stick to something like this.... DCA Protector
(temperamental day for my PC again, can't upload pix??? )

...If you do decide to go down the FAFS route and I'm sure you'll get more excellent advice off here should you need it....

All the Best

edit: edited my edit to avoid confusion, basically also heed the good advice from rog2 and others so far, make sure that you do this FAFS correctly (which I'm sure you will) as DCA's aren't the best people on the planet... Cheers

[devonsdreamer]

Many thanks for all the advice

[devonsdreamer]

AmIdone4- Just managed to follow the picture link- very funny!! Thanks