Debt help!!!!!

antbann

Hi,

I have sent a payment to a debt collector and they have accepted. there still saying they are going to pursue further collection via bay lifts, even thou they haven't got a court order or anything. Are they aloud to pursue after they have accepted the payment.?

Tixy

Hi Ant bann

Do you mean you paid the full outstanding balance? Or you paid a reduced amount to settle the debt in full? Or you just made 1 months payment?

If you paid the full outstanding balance there would be nothing to chase - keep proof of the payment in case you need it in the future.
If you paid a reduced amount to settle the debt before you made the payment did you get confirmation in writing that your payment would be accepted in full & final settlement of the debt and that neither they nor anyone else will chase you for payment.
If you just paid one months payment have you come to an arrangement to pay future months by standing order or cheque (don't pay DCAs by debit card or direct debit).

If they don't have a court order then they cannot send baliffs to collect the debt - they made send out doorstop debt collectors but these do not have the powers of baliffs, in fact they have no rights at all. If anyone turns up (which they probably won't) just tell them to leave and if they don't call the police.

antbann

thank you for responding,

What it was i have been trying to come to a settlement figure with them to pay this balance. They have rejected every offer i have made so i sent a cheque with a letter saying that i can only afford this amount every month. They sent a letter back saying thank you for your payment but with the amount of time they can keep the debt they will have to proceed with further recovery action.

:mad:

hettiecarro

Hi

How much is the debt for, and how much did you pay them?

antbann

the debt is for £1000 for overpayment of wages and i have sent a payment of £30 that i will be doing every month. they wanted £100 per month

Tixy

Overpayment of wages is a fairly unusual debt and I can understand they want it back quicker than your offer (which will obviously take 3years to pay).

Did you send an income & expenditure account to show that £30 is all you can afford?

I would assume further recovery action would be to try to get a CCJ against you. If this could happen then make sure you keep every bit of paperwork relating to the overpayment and your letters offering to make repayments. How did the overpayment come about? Presumably it was a mistake of the company who employed you. When did you realise you had been overpaid? Was it one large overpayment (which you might reasonably have been expected to spot) or a small overpayment each payday (which you would be less likely to realise).

If you do receive court papers make sure you file a defence against it, showing that you have offered what you can reasonably afford.

antbann

what it was my wife went on maternity leave and her boss didn't sort out her maternity pay, never sent her the paperwork. then once she was going to go back then they told her that they over payed her. her boss tried to blame her saying she didn't fill it in that she never got. she did send a complaint letter and it was acknowledged it was her bosses fault. all this occurred while she was single but now she's married does that mean i will have to pay the debt as well as its still in her old name.
:mad:

Tixy

You would not be liable for the debt just because you are married but obviously your wife is. It won't be affecting your credit ratings as there is no credit agreement for this debt and so won't appear on your credit files.

Presume your wife no longer works for this company?

I would continue to send the £30 for now, if you didn't send an income & expenditure account you may want to do this.