Scared

Burv_2

Ames wrote: »

I've been on benefits for 11 years, there's no sign that my combination of illnesses are going to get better. To be honest, you've no assets and you're only income is benefits, what option do they have but to accept your offer? They can't go to court for a charging order as you have no house, they can't get attachment of earnings because you have no earnings. All they can do is keep asking you for money, but if you don't have it they can't get it. At the end of the day your health is the most important thing, not debts or money.

Do you think they'll try for a Baliff? That's what scares me the most.

Ames

A bailiff can only be sent around if you've gone to court and failed to keep up with what the court's ordered you to pay. That's a long way down the road.

If you don't mind me asking, what are your problems (pm me if you don't want it to be public)? If you're on IB then chances are you have some kind of mobility or care needs. Just as an idea, I get the care needs based on having bipolar disorder, and the mobility on having ME. Care needs and needing help cover a wide range of things, and it doesn't matter if you actually get the help, it's whether or not you need it that counts.

Burv_2

Is that right? The latest letter I have from the bank's associates says:

TAKE NOTICE that unless this account if paid in full or a satisfactory proposal for settlement is received by 17 September 2008 Court proceedings may be issued against you without further notice.

...and then it talks about costs.

Ames

They can take you to court, but even the court can't make you pay more than you've got. Have you written to them explaining that you're on benefits and don't have a large disposable income?

Burv_2

Yes. When I was in my flat, I wrote to them, with a form from this site explaining what I did have and what I didn't have. At the time I was running with an absolute defecit. I have phoned them several times and told them that I have no money, but unless I give them something there and then, court proceedings will be forthcoming. What more can I say?

Ames

I've had lots of threats of court action and it's never happened. BUT none of my debts have been as big as yours. There are people with a lot more knowledge and experience of these things than me and I'm sure they'll be along to help you soon. No one can say for sure whether or not you'll be taken to court, it seems to be a bit of a lottery right now. But there are people here who'll help you defend it if you are taken to court.

Burv_2

Great. Thanks a lot.

Aylana

A lot of companies send out these type of letters to try and frighten you into paying money. Note that the extract from the letter you posted says "court proceedings MAY be issued against you" not that they definately will.

I have buried my head in the sand about my debt for over a year and I have bucket loads of letters saying exactly the same thing and none of them have actually done it! Don't ignore your debt but try not to get too worked up about it either. Even if they do send you to court, the court will just ask you to fill out a SOA like the one you have just done and then you will pay what you can afford based on that. You don't actually have to even go to the court hearing.

Have you spoken to CCCS or any of the other debt charities about this? They will be able to give you advice on this and if you can go onto a debt management plan with them they will deal with your creditors for you.

Aylana

http://www.cccs.co.uk/ Have a look here.

Burv_2

I'll have a look when I get a minute. I've got about three different links to sift through at the moment! Thanks.