weightmans debt collectors

debbie43_2

Hi, any advice please - have been paying token payments to all my credit card debts for the past 7 years, however, this one, which was american express is now in the hands of weightmans, and in the swap over, i have been paying the wrong people for the past 3 years and it has only just come to light when i received a statutory demand. Anyway, i sent off all proof that i have been paying without default and that is was going to go on a debt management plan, anyway we couldnt go on the DMP cos dont have enough disposable income, so i wrote to weightmans and told them all i could offer them was the token payment for the foreseeable future. They have now said that i must take out a voluntary charge on my property otherwise they will file for a bankrupcy order, i do not want a charge against my property, i cannot afford to see a solicitor to get it all done legally for one, and too risky to do it without a contract drawn up (we have a lot of equity in our property) so bankrupcy is out of the question. I am constantly in touch with national debtline who are a great help. Anyway, got back to weightmans and they said they will accept a monthly payment of £50 to stop the charge on the property or bankcrupcy, debtline say it might be a scare tactic and said i should not offer to pay if i cant afford it, well at a struggle i could, if my husband stops smoking for instance, but the debt is 5k so ig gonna take forever to pay off anyway so 50 quid a month forever is a lot. I dont know whether to stick to my guns and say i just cant afford that much and see if they will go lower (they said that is the minimum they will accept) and see if they follow through with the order or just be skint. Has anyone else had dealings with this company and in the same situation, would be grateful for any advice, many thanks, Debbie

10past6

debbie43 wrote: »

i have been paying the wrong people for the past 3 years and it has only just come to light when i received a statutory demand

Who have you been paying for 3 years, and has the amount been reduced of the total debt?

How was the SD delivered, by post / hand ect.,?

debbie43_2

Hi, was paying a different debt collection company and its in the process of being sorted now. the stat demand was delivered by hand but we werent in so it was put in post box??? this one has now run out as i believe they only last a month but weightmans said if i dont agree to the 50 quid a month they will file for bankrupcy again???? I needed to let them know what i am prepared to do by tomorrow so please reply asap, like i said it will stretch me to pay the 50 quid but i feel i have no choice if i dont want a charge on my property. thanks for your help, best regards, Debbie

ANY_CHANCE

Hi Debbie43

I can only tell you of my experience of Weightmans

OH had a debt with HFC which was passed to Weightmans. They have used all types of scare tactics in the hope that we will pay extra. We had a couple of years of nasty threats regarding charging order and order of sale on the house.
At the beginnning of weightmans taking over the collection of the debt they rang OH continuously harrassing him, then the nasty threatening letters. If they are nice on the phone dont trust them keep on your guard or best thing is to keep everything in writing.
There is no way i will ever just roll over and let the swines simply turn an unsecured debt into secured debt. We continued to pay the amount we could afford. Weightmans eventually filled with court for a CCJ which is the start of their proceedures.
However it hasnt been as easy as they thought because the case is now stayed.
I will fight them to try and stop them getting their own way and if in the end a charge is put on the house etc then at least i would have tried.

10past6

debbie43 wrote: »

I needed to let them know what i am prepared to do by tomorrow so please reply asap

What is the date you received the SD, is it within 21 days of todays date?

Do you agree with the amount on the SD?

"The procedure to get a statutory demand set aside"

"The amount stated on the statutory demand is disputed"

Does the above apply to you?

debbie43_2

Hi Any chance, thanks for your reply, just wondered how they filed for a CCJ with you and yet going straight for a statutory demand for bankrupcy with us??? Do you reckon its worth calling their bluff and not let them bully us into paying more??? So worried though cos got 200k equity in our property and worked hard all our lives for it and dont want to lose it now!!! i rung them today and said i will let them know by tomoz what i intend to do so hope you can reply pretty quick!!! thanks for your support and help, Debbie

debbie43_2

hi, thanks for your reply, yes i do agree with the amount and it is more than 21 days since the SD, but they are threatening to send me another SD unless i pay them 50quid a month when i am paying token payments at the moment and will find it a struggle to find. I cannot afford to seek legal advice as i am only on minimum wage yet i do have a lot of equity in my property that is why i do not want a charge putting on it. need a reply quick as i have only till tomoz to let them know what i intend to do! thanks for your help, debbie

10past6

Hi Debbie

Firstly, it’s important you don’t allow Weightman’s to intimidate you, regardless of there threats.

Next, DO NOT speak with them on the phone, if they call you, refuse to answer any questions and insist they communicate in writing, it’s important from here on in you keep a paper trail of any dealings with Weightman’s.

Have you ever at any stage requested your CCA for this account?

Did you take out PPI on this account?

RAS

Debbie

Please listen to 10past6 as s/he knows a lot and has help many people.

i am not around much over the next few days but willtry and post.

debbie43_2

Hi, i dont know what a CCA is and I wont ring them today then, i will send a letter stating that i cannot afford the 50 quid a month and see where we go from there, but what if they issue another statutory demand and then the scare of going to court for bankrupcy????????? I dont mind going to court bit, but its just the fact if the judge agrees with them and goes for the bankrupcy what then???????????????????????????????? I really appreciate your help, hope to hear from you soon, many thanks, Debbie

bms1972

debbie43 wrote: »

Hi, i dont know what a CCA is

Hi Debbie,
You might want to wait for someone more knowledgeable to comment on this, but I think a CCA refers to obtaining a copy of your Credit Agreement, under the Consumer Credit Act. As a new user I can't post links but if you look for a thread called "CCA advice" in this Debt-Free Wannabe forum you will see an example. The thread was last updated just after 5pm yesterday.

Again, I suggest you wait for someone like 10past6 to comment, but this may give you something to read in the meantime. I would also wait and see what advice people may have on how to word your letter(s) and exactly what to include.
Good luck...