Eversheds debt help please

queenie30

Hello
Looking for some advice, sorry if this is the wrong place, I have been using this site for a while but only just registered.

I have about 25k of debt, have had it for the past 4 yrs, managing to pay it off, some debt agencies some direct, I am a sinlge parent and work full time on a low wage.

Now I have a debt which was from my American Express card, which got passed over to Eversheds, I was paying £20 a month for about 3 yrs, (debt is £3600) now 3mths ago they wrote me a letter saying I needed to increase my payment, got some real nasty person, whilst trying to explain my situation he told me that he was going to end the call as I was getting mad, when I was not, they are total bullys, anyways he then rang me back and said I could pay £45 for 3 mths then it would be reviewed, I explained my situation to them, now today I got another letter saying that I should pay it off in full, rang them up got some nasty cow, who said that I should pay it off and have made no effort to pay it off, and that if I do not pay at least £180 a month or the full balance then they are going to take me to court to get a ccj and the money will be deducted straight off my wages, I told her my situation, dont have my own house etc but she was nasty, unlike any of the other people that my debts are with, she upset me yet again, saying well why did you spend the money in the first place if you had no way of paying it back, i told her peoples situations change and they get in a mess, she was so nasty.

Anyways I do not have the money to pay it back, I am pushing it to up it from 20 to 45 a month, I have rent, bills to pay etc etc.

Now I am still paying the £45 by standing order, what can I do to prevent them from taking me to court? I do not want a ccj, as I have never had one before only payment defaults. I am paying that money and never said I wouldnt continue, what can they get out of me, I am really pushing myself to pay what I do.

My wages are £940, get approx £200 a week tax credits, I then pay £540 a month nursery fees, rent £70 a week, council tax, bills etc then debts.

Can somebody please advise me as i just getting depressed again about this, it never rains but it pours.

I really hate having to speak to these idiots, they talk down to me, yes I was silly getting into debt, but thats cause my ex got me into debt, all in my name, and I am just trying my best to get out of it.

thanks

fermi

Hi

You might be best posting this on the Debt-Free Wannabe board as well. There are plenty of people there who have found themselves in similar circumstances (or worse) and are now on the road to sorting it out.

Have you spoken to any of the organisations recommended by Martin here?

Link: Non-profit Debt Counsellors' List

It would be worth contacting them. They should be able to advise you on your general situation as well.

As a general rule it's best not to deal with these collection agencies/departments over the phone. They will make all sorts of threats and try to intimidate you into making higher payments, even when you clearly can't afford it.

It's much better to put your offer of payment in writing and stick to an amount that you can genuinely afford. Provide a copy of a personal budget sheet showing that you cannot afford to make higher payments.

The OFT consider it to be "unfair practice" and "oppressive" under their debt collection guidelines if a creditor is:

"pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so"

OFT Debt collection guidance.

A CCJ is not as scary as it sounds, and are frequently used as a "threat" to hold over your head.

If they really went ahead with one, as long as you did not ignore the court and the paperwork the court will usually agree to you paying by instalments to the creditor at an amount based on your genuinely spare income and in proportion to your other creditors.

Try not to worry to much.

These companies/people are usually so full of threats and nastiness to cover up the fact that in many ways they are fairly powerless.

NickX

Very good advice from Fermi.

Yes post on the DFW (Debt Free Wannabee) Board as they have a wealth of experience there.

Actually I have had some personal experience with Eversheds (although the legal side rather than debt collection) and they are definitely bullies. They really think they can push the "little guy" around and get their own way.

Unfortunately because they are a practice of solicitors, they may take legal action to recover the debt because they are paying the solicitors anyway so it won't actually cost them anything to initiate a claim.

However, do not let them get away with it. You have a right not to be harassed and you can request that all communications be made in writing. Provided you do actually respond to their letters, then they are obliged to adhere to this request.

If it does go to court, the crucial thing is that you are seen to be making some effort to repay the debt. You can only pay what you can afford, so I would make that offer in writing and provide a Statement of Affairs that justifies the offer. If you can't afford anymore there is nothing they can do.

As for threats of taking the debt out of your wages, just ignore this, it is an idle threat and they should not be making such claims. Provided you are seen to make some effort to repay the debt, the court is most unlikely to demand payment, they will probably just suggest a continued payment plan.

Don't get too stressed about this, they are bullies, and should not be allowed to get away with it.

Also maybe you could try going to CAB (Citizen's Advice Bureau) who are very experienced, will negotiate with creditors on your behalf and have access to professional legal advisors if required.

Good Luck.

MABLE

queenie30 wrote: »

Hello
Looking for some advice, sorry if this is the wrong place, I have been using this site for a while but only just registered.

I have about 25k of debt, have had it for the past 4 yrs, managing to pay it off, some debt agencies some direct, I am a sinlge parent and work full time on a low wage.

Now I have a debt which was from my American Express card, which got passed over to Eversheds, I was paying £20 a month for about 3 yrs, (debt is £3600) now 3mths ago they wrote me a letter saying I needed to increase my payment, got some real nasty person, whilst trying to explain my situation he told me that he was going to end the call as I was getting mad, when I was not, they are total bullys, anyways he then rang me back and said I could pay £45 for 3 mths then it would be reviewed, I explained my situation to them, now today I got another letter saying that I should pay it off in full, rang them up got some nasty cow, who said that I should pay it off and have made no effort to pay it off, and that if I do not pay at least £180 a month or the full balance then they are going to take me to court to get a ccj and the money will be deducted straight off my wages, I told her my situation, dont have my own house etc but she was nasty, unlike any of the other people that my debts are with, she upset me yet again, saying well why did you spend the money in the first place if you had no way of paying it back, i told her peoples situations change and they get in a mess, she was so nasty.

Anyways I do not have the money to pay it back, I am pushing it to up it from 20 to 45 a month, I have rent, bills to pay etc etc.

Now I am still paying the £45 by standing order, what can I do to prevent them from taking me to court? I do not want a ccj, as I have never had one before only payment defaults. I am paying that money and never said I wouldnt continue, what can they get out of me, I am really pushing myself to pay what I do.

My wages are £940, get approx £200 a week tax credits, I then pay £540 a month nursery fees, rent £70 a week, council tax, bills etc then debts.

Can somebody please advise me as i just getting depressed again about this, it never rains but it pours.

I really hate having to speak to these idiots, they talk down to me, yes I was silly getting into debt, but thats cause my ex got me into debt, all in my name, and I am just trying my best to get out of it.

thanks

I'm no help but it just makes me angry reading your post and the way Eversheds are treating you. Yes the best place is the debt free forum. If it was me I would take control of the situation and not be bullied by this company. I would further say to them if they are not prepared to accept the present amount you will go bankrupt.

DO NOT LET THEM BULLY YOU.

queenie30

thanks for your messages and advice, I will write them a letter tommorow, just never had a ccj before and dont want one, but if they are not prepared to listen to me, what else can i do.

JellybeanAddict

I am disgusted by the threatening and bullying treatment my daughter received from these people. Yes she was in debt and owed money, but they are vicious bullies who have caused her a lot of stress and depression. I understand that they need to recover the money owed but the least one should expect from a company of solicitors is basic courtesy. Having the worries of debt hanging over you is bad enough without constant bulling from people like these. This lot even told my daughter she had no place being pregnant when she owed them money and that she shouldn't pay her college fees because paying them off was far more important than her getting any kind of education! Comments like that one ones personal life are way out of line and we are putting in a complaint to the Solicitors Regulation Authority.
The people who work for this outfit are so incredibly rude that I wonder if they have to pass an exam in bolshiness/!!!!!iness to get a job there! I have truly never encountered anything like it.
She also has experienced this companys demands for higher and higher payments to a really unreasonable level above anything that she could reasonably be expected to pay back. After all the rudeness and threats my daughter actually BEGGED them to send it to court as paying off a CCJ would be so much easier - no bullying and set at an affordable level - but they have refused to do it. Seems the 'big' people love picking on the little people too much to let her go!

queenie30

I agree with everything you have said, they are absolutely awful, I learnt that after speaking to them on the phone, so now I never call them, only reply to them by letter, they still keep sending me a letter every 3 months sayingyou have been paying this for a considerable time increase it etc etc, I wish I had the money to pay these a&&&holes off, but I dont, good luck to your daughter, advise her not to call them again, only write as they are awful and say horrible things, I got the blame for being a single parent!