Debt referred by Egg to DLC - What do I do please - I am Scared

Fazley

edited original message

ally_bally_3

Hi Fazley

Didn't want to read and run so just thought I would say hi and please do take some comfort that a lot of people on this site have dealt with debts successfully even though many of us probably went through those panicked moments.

I am not the best person to help you here but am sure the more qualified people will be along soon. Just wanted to you to know you are doing the right thing by being here - the support you will receive is priceless.

Allison
x

Fazley

edited message

RAS

Hi

Would strongly suggest that you speak to one of the debt charities, see here http://www.moneysavingexpert.com/loans/debt-help-plan#help

Also post up your full Statement of Affairs (income and expenditure), so people can help you more effectively.

GeorgeUK

Hi Fazley

In the short term, could you post up a statement of affairs? Hopefully we'll be able to see some areas where we can save you some money.
http://www.makesenseofcards.com/soacalc.html

I would advise you to contact one of the free debt charities who may be able to set your up on a debt management plan (DMP) and assist with making arrangements to repay your debts.
(Taken from Fermi's signature)

Professional, free and impartial advice on debt problems can be obtained from several charitable and 'not for profit' organisations. They never make a penny from the advice they give, which means it will be given with only your best interests at heart. You can contact:

Your local CAB Office and ask to speak to a 'money advisor'
The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111
National Debtline - Tel: 0808 808 4000
Payplan - Tel: 0800 917 7823

Fazley

edited message

RichOneday_2

Fazley wrote: »

Hi All.
I have had recent financial turmoil with a suddenly reduced household income and have been struggling like hell to make payments on my vast array of credit cards. I take some comfort knowing that so many others have problems like me but it is starting to take it's toll.
I am just about managing to keep us afloat, I am married with a 19 Month old son but the hammer blow came on Saturday.
I had a letter from Egg, who I owe a balance of about £5.5k to saying that the account was terminated and being passed to a debt agency.
I called Egg this morning who said they had issued a default notice saying this would happen, however I did not receive this and would never have allowed things to get this far. They said its not their problem as my payments have been erractic - even though I have been in touch with them several times over the past months to explain the situation. They basically said, we sent a letter and its not our fault you didn't get it, debt has now been passed to DLC (Direct Legal) who I have googled and seen how awful they are.
I pleaded with Egg to let me sort things with them but they said no, I asked to make a complaint got transferred to someone and got cut off.
Please help me as I am getting seriously panicked now. My mental state is not 100% as the months of phone calls and threatening letters has really run me down, and nearly wrecked my marriage too. Please help if you can I really appreciate it.

OK, first of all calm down there is no need to panic about this.

Debt collection companies have very little in the way of powers - in fact, none.

What will happen now?

1. You will receive a letter from the DCA sometime in the future - it could be a while so don't expect anybody knocking on your door in the next couple of weeks.

2. When you receive this letter, write back and offer whatever you were trying to offer Egg. It doesn't matter if it is £5 per month as long as you budget shows this is all you can afford. Obviously, if you have £500 per month spare after basic living needs it should be a more realistic offer. Send your initial payment with the letter.

3. You may well then receive a letter saying the payment is not acceptable and you need to pay substantially more. (in fact, you almost certainly will).

4. Don't worry. Write back again reiterating that the amount is the most you can realistically afford and that you will review that should your income increase. Whatever their response keep sending the payments and keep evidence of the payments.

Only communicate in writing, if they do get hold of you by phone just reiterate that you have written/are going to write summarising your situation. Nothing more.

If you do this, you should get no 'personal visits'. In the unlikely event that you do, under no circumstances let the collector in whether they are certificated bailiffs or not. This is what bailiffs can, or rather can't do:

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Can I be arrested or imprisoned for not letting a bailiff into my house?
No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.
You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.


Ok, so that is just for information. There is really no need to worry, but ring CCCS, who are very nice people, and they should confirm this course of action.
Good luck.

Fazley

edited message

Robbda

Hey i had this a few weeks ago - not heard anything yet!

RichOneday_2

Fazley wrote: »

Thanks RichOneDay (Hope I am too!)
I've seen people posting about sending a CCA request letter and have seen the template letters, should I be doing this first?
I have already started receiving phone calls from DLC so it looks like they are onto me already.

Yes do the CCA request as well. That will take some time and if you get a result it will mean the debt is 'unenforceable in law'. Worth doing as a back-up plan to prevent any court action. However, this is a long way from going to court.

Look at this from a debt collector's point of view:
They have either a) Bought the debt from Egg (in a batch with a lot of others) for a percentage of face value, say 30% or b) Are commission agents and will be paid a percentage of whatever they collect by Egg.

So, obviously, they are going to try and collect as much as they can. Stick to your guns - there is no point in offering £200 per month if that is going to cause you problems. This is an unsecured debt, ie bottom of the pile.

As one debt collector, that I employed for a collection, said to me recently "the problem these days is that people know their legal rights!".

If you keep paying a monthly payment they are unlikely to proceed to court because they know the judge is pretty much going to rubber stamp the arrangement that you have offered anyway.

As I say, ring CCCS and get a reference number. Quote this on all your correspondence - this will go a long way to demonstrating that what you're offering is the most you can realistically afford.

stapeley

Hello , Do not enter into conversion with anyone that calls , do not confirm any details . You tell them you only deal with financial matters by letter ,then put phone down. Once you recieve a letter from a DCA , send off a CCA request ,also request a notice of assignment . This will tell you if the DCA have purchased the account or are acting for the OC . I have a couple of threads on the go regarding CCA requests and DCA . Remember never pay any more than you can afford and RATES , GAS , ELECTRIC first. GOOD LUCK