They want more money from me

katymags

Hi everyone - have been lurking here for some time and have picked up great info - hope in time I can help others. Briefly, have around £55,000 worth of un secured debt which CCCS have arranged monthly payments with my creditors (CCCS are wonderful). I also have a mortgage and usual household stuff to pay.

Struggling by in a fashion but my question is this, one of my creditors are insisting that I pay an extra £45 on top of what I pay via CCCS and if I do not agree to this, they will pass my debt onto a collection agency and tell me the debt agency would want more than the CCCS has arranged and would not be satisfied with my current payment. They say that what I am paying via CCCS is not enough and they want more and I can pay them direct so the CCCS do not know.

Also, another creditor (actually the company my original creditor passed my debt onto) has rung me a couple of times and said that I have been paying the same amount via CCCS for 2 years now and it is not enough and I must pay them more. I said to them that I have no spare money but they said that is my problem and they will give me one month and will call again. They are so nasty and every time I end up in tears.

I cannot afford more unless I take it out of money allocated each month for food or household bills (but then this would leave this allocated money which is already tight short) but on the other hand, I do not want pushy (almost threatening) letters and calls at all times of the day from these people. Can they make me pay more in this way and what will happen if I don't pay them?

Does anyone know what is the worst that could happen to me. I feel so scared that I can't think straight.

redpoison

hey plse dont stress out about this, what they are doing are being naughty, they should not be calling you threatening you etc..

have you called cccs and told them what these companys are saying (pay them more behind their back) ..

I would kindly send them a letter telling them to stop calling you at home, or change your home number and do not give it out to any company (i have done this) ..

also i would suggest you give national debt line a call free phone 0808 808 4000 ..

please dont stress over this, they can not do anything if you are paying them something, they have to except this!

rayday2

If they were to pass it onto a DCA the DCA would take what you offer! DCA buy the debts for much less so will be more open to offers.

Stick to your guns if they contact you again just give them the reference number CCCS gave you and politely put the phone down.

katymags

Thank you rayday2 and redpoison - I feel better already. In theory I know they can't take what you don't have but they do make you feel as if you are in a no win situation and are at their mercy. Thanks again.

rayday2

I know what you mean hence I was chicken and before I started my DMP I changed my phone number so they can only write!

Stay strong and not sure you know but on here there is a big dmp support thread, loads of people on various stages of the journey and all in the same boat if you ever feel a bit alone or vunerable.

GeorgeUK

Grrrrrrr :mad:

one of my creditors are insisting that I pay an extra £45 on top of what I pay via CCCS and if I do not agree to this, they will pass my debt onto a collection agency and tell me the debt agency would want more than the CCCS has arranged and would not be satisfied with my current payment. They say that what I am paying via CCCS is not enough and they want more and I can pay them direct so the CCCS do not know.

I take it they haven't been brave enough to put that in writing?
Care to name and shame this company?

Also, another creditor (actually the company my original creditor passed my debt onto) has rung me a couple of times and said that I have been paying the same amount via CCCS for 2 years now and it is not enough and I must pay them more. I said to them that I have no spare money but they said that is my problem and they will give me one month and will call again. They are so nasty and every time I end up in tears.

There is a template letter you can send that should stop harrassment like this.
http://forums.moneysavingexpert.com/showthread.html?p=11571485#post11571485

They CANNOT make you pay more than you can afford. Do not take any more calls from these people. If they call, tell them that all communication should be made in writing. If they wanted you to pay more, they could take you to court where a judge would decide what a fair amount to pay was based on your situation. As you are already in a DMP and making regular payments, i feel a judge would take a very dim view of a company wasting his time in this manner.

Inform the CCCS of any company making demands of you and ESPECIALLY any company looking for increased payment while encouraging you to do so without the knowledge of the CCCS. As part of a DMP, all creditors must be treated equally - you would be in breach of your agreements if you were to do this and if other creditors were to find out may refuse participation in the DMP and reinstate interest charges.

You may be able to amend this letter to your circumstances.
http://www.nationaldebtline.co.uk/england_wales/temp/1136_96751.pdf

katymags

Company trying to get me to pay £45 more is the MBNA (credit card via Abbey). No, they have put nothing in writing just keep calling me. I say to them I am paying all I can afford via CCCS. They got me such a panic two months ago that I did send them £45 for two months which was all the money that I had earned on ebay but of course cannot keep that up and now am even more worried as you have pointed out that I am in breech of my CCCS agreement. Oh god, I feel as if I am digging a big hole here............. . Thought that by sending them something that would keep them quiet but if I had thought it through, should have realised it would not. Talk of judges makes me feel sick - the thought of putting my family through that I think is more than I can bear - I feel so embarrassed by my situation. Thanks for listening.

rayday2

That is why they telephone you, honestly what I would do here is seriously consider changing your telephone number as you clearly cannot cope with telephone tactics of creditors. I don't mean that nastily at all I have already admitted I couldn't cope with it.

newlywed

Take a deep breath. I'm sure if you explain to CCCS then they will be fine about it. You shouldn't really have sent them the extra as now they "assume" you can come up with that extra every month. But if you explain that they scared and bullied you into this, I'm sure CCCS will understand. I expect you aren't the first

Tell them if you pay them extra it is unfair on all your other creditors and so you can't do that.

Tell them since gas, electric, rent, petrol and food prices have all increased in the last two years and you income hasn't (or hasn't to the same degree) then they should be grateful that they have been getting the same amount - as really you ought to do a review of expenses and DECREASE their amount.

A DCA is more likely to accept the payments. Even if it went to court, the judge is likely to take the view that you are trying to pay your debts back in a fair manner and only issue an order for the amount you are already paying via CCCS. I seriously doubt it will get that far - most of them threaten it, but a lot less of them actually issue court proceedings.

GeorgeUK

Sorry katy - didn't mean to scare you with that.

I was just trying to get across that even with all their threats and bullying - taking you to court would do them no good as the judge would want you to make fair payments based on your expendable income, which is what you are already doing. In other words they are just blowing a lot of hot air. You need to be able to tell them where they can stick that from now on.

Being in debt is not a criminal offence. Trying to pay the debt back is not a criminal offence. You are doing everything that you should be doing. I would get those letters sent off so that they only communicate in writing from now on. It may take a while for it to sink in for them but if you refuse to discuss anything with them and state that you will only discuss the matter in writing, you should be getting alot less calls and hopefully more peace of mind.

I would normally advise you to request copies of the customer credit agreement (CCA) for your debts but i think you are still a little fragile for that yet - it's basically you pushing back after getting tired of them pushing you around. If a creditor does not have a true executed copy of the credit agreement then the debt is not enforcable. That's when the arguments begin
Maybe you can come back to that when you have regrouped and are less stressed.

katymags

Thanks GeorgeUK - yes, I am a little 'soft' at the moment. Silly really, "it's only money, more important things to lose sleep" over is what my advisor at the CCCS told me. Feeling stronger already thanks to answers today from you all - have decided that I am doing the best I can and will refuse to let them get to me. I take on board your advice and will only deal with letters or point them to the CCCS. From this point onwards I will use all my energy into looking at ways of earning extra income and then in due course, increase my repayments each month which can only result in clearing debts quicker and getting my peace of mind back. A new me.........;)