Newbie - phone call threats - please help

Dr._Mac_2

Dear Forum Members

Hello and greetings!

I have just joined your forum - this is my first post - I do hope I've placed this in the correct thread.

I'd really appreciate your advice.

I have two outstanding debts, a loan from Lloyds and an outstanding balance on my Barclaycard. For some reason, Barclays decided to hand my debt over to their collection agency RMA (NcoEurope)

As I am now retired and my sole income is Pension Credit, I went to a local solicitor asking her to assist me with getting my monthly payments reduced. She wrote to both the above and negotiated a much lower repayment which was accepted by both.

After a month, RMA phoned me asking for an increased payment, and again after three months. Lloyds has also phoned me asking for more money.
I have never missed a payment to either of them. In fact just to make sure they were paid deasd on time I set up two standing orders with my bank (I am in full control of these standing orders, not the bank/RMA)

Both have said that the amount I am paying is not acceptable (even though they both agreed to the payments initially)

When they phoned, I explained that I am on a limited Pension Credit income and that especially now with the cost of living (food etc) rocketing I could not afford to pay any more. Both said they would "make a note of that" but that after three months they would be contacting me again and I would have to increase the monthly amount paid.

When they do phone me again (as I know they will) is there anything you would advise me to say to them? Is there any legal and binding way I could remain paying what I am at the moment? Can they legally force me to pay more? Is there a way to get them to stop phoning me?

Any help and advice will be much appreciated.

Thank you, and I do apologise that my first post is so long!

Take care and best wishes ...

Dr. Mac

rayday2

The only way to legally get them to agree is a CCJ which really is not ideal.

Have you considered changing your phone number so you don't get them ringing (you could tell family that you were getting nuisance calls) and I strongly recommend looking at the national debtline website who have template letters and budget sheets for next time rather than using a solicitor.

MrsTinks

Can you legally remain at paying what you are? No this is totally down to their good will... HOWEVER - ultimately they also cannot have what you haven't got.
Depending on the amounts in question then they might as mentioned go for a CCJ or in very very very extreem cases bankruptcy. I think it's unlikely but you need to be aware of it. Either of these however will incurr large costs to the creditors which are unlikely to be recovered so chances are they won't follow this line so long as you are paying something

Why not call CCCS (link in my sig) and ask them for advise on how best to deal with the creditors. They are free and will be able to help you see if you can afford more, less or the same as you pay now. A lot of creditors also tend to fall in line a lot easier if you are going through an established debt management charity who know the game rules better than most of the creditors!

Krasnoludek

hello there

I have a large credit card debt with lloyds and started a DMP with CCCS. I am now into my 3rd month of it. Lloyds started phoning every single day, in the end I copied a letter from here stating that they had to remove my phone number from their records and contact me only in writing, I sent it via recorded delivery and they never phoned again. I think CCCS is the way to go, they are very helpful. You cant legally get them to agree but they are more likely to agree if they see you are having free of charge professional help

good luck

K xxxx

(Land_of)_Maz

Have you checked for any credit card charges which you may be entitled to... if you got a refund of any charges that might reduce your balance to a level where the proposed payment is proportionally greater, and more acceptable to them.....

(you may or may not know that it's only *bank* charges that are on hold, not other types of accounts)

good point by KRas above, about getting your number taken off their files....!

stapeley

The policy of most companies is to phone up on a regular basis , you should inform them that contact should only be made by letter . Be firm when they call and stick to your guns and tell them to contact you by letter . You are making regular payments so if they ever took you to court a Judge will see that you have made every effort and will not award amounts you can not afford !

Dr._Mac_2

Thank you all VERY much for your helpful and encouraging replies.

I really, really, REALLY do appreciate the time you have taken to assist me with your wise advice.

Thank you again - very much!

Dr. Mac

Deep_In_Debt

Don't speak to them on the phone. Refuse to go through their security questions and put the phone down if you do happen to answer the phoento them. I have caller display so know all the numbers that call me (sad, I know!). Demand all contact in writing. I was told that they only need one method of contact for you.

As others have said, if it does go to court, the courts are unlikely to make you pay more than you can afford or more than you are paying now. If you are showing that you are trying to pay your debts back, then I would think that the courts will are more likely to rule in your favour and ask you to continue as you are.

Dr._Mac_2

Greetings again folk .. and another thank-you for the latest help.

A comment was made above about "depending on how much I owe"

I owe about £3000 to Lloyds and £750 to RMA (Barclaycard's debt collection henchmen!)

I don't know if this is considered a high level of debt, a medium level ... or what?

Anyway, for the sake of completeness I had provided this information.

Does it make any difference?

Dr. Mac

tigerfeet2006

In the grand scheme of things that is a very small amount of debt.

Have you found the template letter for written contact only?

MrsTinks

Dr._Mac wrote: »

Greetings again folk .. and another thank-you for the latest help.

A comment was made above about "depending on how much I owe"

I owe about £3000 to Lloyds and £750 to RMA (Barclaycard's debt collection henchmen!)

I don't know if this is considered a high level of debt, a medium level ... or what?

Anyway, for the sake of completeness I had provided this information.

Does it make any difference?

Dr. Mac

Well it means it's not very likely they are going to go through a CCJ for at least the smaller debt (not impossible, but not likely...) the larger of the 2 debts they might follow it through for.
Is your debt high? Not really but it's al in proportion Forexample my debt would seem VERY high compared to yours but compared to my income it's not if you see what I mean? To me your debt might not seem very high, but because you're on a lower income it's quite significant to you. You are obviously struggling and that's all that really matters. The reason I asked for the amounts is that sometimes that can dictate what actions the DCAs and creditors decide on.

I think to help stop the phone calls the best way forward would be to go through one of the debt charities in my signature. Once you are on a DMP with them there is a much greater chance that the creditors will leave you alone as CCCS and the others won't let them get away with harrassing you