Advice ref debt collectors

gemstar_2

Hi there

Tryingt o get some advice for a friend who has been having a rough ride of it recently.

Basically fallen into some problems with finances which have culminated from her a*** hole of a hubby leaving her and now is starting to struggle.

Had a Vanquis credit card (I know, I know!!) that she has struggled to repay. She took the bull by the horns and called them tonight to see if she can sort out some sort of payment plan with them but they advised her they have now passed it over to a DCA (can't remember the name she told me, maybe first call or first credit or something, anyway....) She spoke to the DCA who basically said that their clients (Vanquis) won't accept monthly payments and that she basically has 7 days to pay the full amount or it will be court action.

She can't afford the full amount and they have said that the bailiffs will com to seize goods.

I advised her that bailiffs can't come without a court order (Is this correct?) and that no jusdge would make her pay what she can not afford at the moment.....

Any ideas on what she can do from here?

The debt is for just over £1100

Thanks

debtman2007

If it is 1st Credit there is a thread here on them

http://forums.moneysavingexpert.com/showthread.html?t=1134207

Old friends of mine and a few others

gemstar_2

Great I'll take a look at that for her

gemstar_2

It is her debt and has only recently been passed over.
Should she still request CCA?

RAS

If the debt was taken out prior to april 2007

Toffee_Penny

Hi

just wanted to say that Baliffs can only come when you have defaulted on a ccj or for things like not paying council tax.

Baliffs just don't come round people's houses willy nilly, it doesn't work like that, the DCA are obviously saying this as a scare tactic to get your friend to pay up in full.

Have you seen the sticky at the top of this forum? CCCS ask a question, ask there I'm sure they will be happy to help.

Above all don't panic xxx

stapeley

I would say that I doubt that CCCS OR PAYPLAN , would advise the CCA request route . But from experiance I found that when a DCA first get hold of a account they can be very aggressive , they use scare tactics. They try to start with demanding the full amount .This is to soften you up ,hoping they will be able to get a large amount off you straight away.Never agree any thing over the phone and do not give them a debit card payment . It has been know for them to take out unapproved payments .
Using a CCA request can give you the upper hand . It shows them you know your rights and can not be pushed around .

debtman2007

I would say that I doubt that CCCS OR PAYPLAN

Why don't they advise it?

stapeley

debtman2007 wrote: »

Why don't they advise it?

Basically they are funded by the credit industry , I doubt if it would go down well if everyone that had a cc taken out before 2006 were to request a CCA . IN MANY CASES the wording or the form of the agreement is not correctly formulated or has not be correctly signed . These errors could deem the agreement unenforceable . What sort of mess would the CC industry be in if 75% of debts were unenforceable ?

debtman2007

stapeley wrote: »

Basically they are funded by the credit industry , I doubt if it would go down well if everyone that had a cc taken out before 2006 were to request a CCA . IN MANY CASES the wording or the form of the agreement is not correctly formulated or has not be correctly signed . These errors could deem the agreement unenforceable . What sort of mess would the CC industry be in if 75% of debts were unenforceable ?

Understood. Thanks