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Is this true?

I have a credit card debt of which I can't afford to repay.I was paying back to reduce the balance but was then involved in a bad car accident and haven't worked for 3 years so my income dissappeared overnight. I did seek help from the CAB 3 years ago and they wrote to my CC company and told them I couldn't afford to pay them anything. I haven't heard anything until now.
A company called Eversheds wrote to me asking for me to pay the balance.
I spoke to a lovely man there called Dean who was ever so helpful NOT!.
Anyway he told me if I don't pay this debt even though it is unsecured they would make me sell my house.
Is this allowed if it isn't is there anything I could do to get the man who told me this reprimanded because I'm sure the call was recorded? My wife later spoke to them and she wasn't told anything like this but was told they would send her a form out and she needed to fill out a financial statement.
I phoned them requesting this and was told where to go.
I told them Ihad a financial statement and was willing to send it over but they told me I was wasting my time.

Comments

  • Sorry I can't help, thought I'd bump it up a bit as you've had 42 views and no replies. Hopefully someone will be along in a bit with more info.

    It may be worth contacting the CAB again to see whether they can help.
  • RAS
    RAS Posts: 36,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    There are a number of DCA threatening people with action that is not yet law. Unfortunately if you do not defend yourself, they can get away with it.

    See http://forums.moneysavingexpert.com/showthread.html?t=1134207 for basic information
    If you've have not made a mistake, you've made nothing
  • Deep_In_Debt
    Deep_In_Debt Posts: 8,579 Forumite
    Part of the Furniture 1,000 Posts Photogenic Mortgage-free Glee!
    In the meantime, can you make a token payment to them each month - £1.00, £5.00 whatever you can afford, just to give you a bit of breathing space?
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • eyeopener2
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    This bunch are just trying to scare you. There are guidelines for dealing with people in your situation.

    First of all they have to get a CCJ against you and only then can they apply for a charging order (which is what the clown was threatening you with).

    First thing to do is demand a copy of your credit agreement and see what the reaction is. They may not have it, so this puts you on a stronger negotiating footing.

    Secondly, if they do come up with the signed agreement agree a repayment figure that YOU are happy with not what they try and bully you into.

    If this ever went to court(not trying to scare you)the judgement would only be what you can afford anyway so do not let them push you into agreeing something that you may default on.

    Do everything in writing and DO NOT SPEAK TO THEM ON THE PHONE EVER!

    If they phone you after you have written to them complain to the Financial Ombudsman.

    Try not to be too scared my friend. make them jump through hoops and try and be strong.

    If you need professional help contact the free debt Consellors that Martin recommends they are very very good.

    Do not let these idiots grind you .
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
  • Cheers for that.
    I'm gonna speak to the CAB again next week.
    In the meantime do I still ask for my cca and is there a way of wording the letter to ask for the cca and do I send it registered post etc.
    I was reading in one of the other threads about letting them know about illness. Is this relevant as I suffer from depression and have anxiety attacks due to my accident.
    Thanks again to all who replied.
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