Help very worried|!

SarahFx

To cut a long story short for the last year I've been trying to set up a payment plan with my bank for my credit card after I lost my job. Several times they have told me that the amount I requested to pay back was too much(!) didnt set up my direct debit or failed to send me any paperwork.

Today I recieved a letter from a 3rd party company asking me to call them, I have just done so and was asked a load of personal questions about how much I earn etc, before being told that its now gone past the stage of payment plans and they will be contacting their legal team as I can't pay the amount in full today, despite again offering to set up a plan.

Anyone else had anything like this? Can they issue CCJ's against you? What should I do?

GeorgeUK

I would make an offer in writing (sent by recorded delivery).

Were you made aware that the debt was being passed on to a 3rd party (you should have been notified). I would also seek proof that they have permission to collect the debt - a notice of assignment.

Even if there was no agreed repayment plan, you would have been better making regular payments towards the debt. Hopefully you can now do so.

I would refuse to answer any more information over the phone and insist that all communication be in writing only. I would definately not give any more personal details out.

chequeout

SarahFx wrote: »

To cut a long story short for the last year I've been trying to set up a payment plan with my bank for my credit card after I lost my job. Several times they have told me that the amount I requested to pay back was too much(!) didnt set up my direct debit or failed to send me any paperwork.

Today I recieved a letter from a 3rd party company asking me to call them, I have just done so and was asked a load of personal questions about how much I earn etc, before being told that its now gone past the stage of payment plans and they will be contacting their legal team as I can't pay the amount in full today, despite again offering to set up a plan.

Anyone else had anything like this? Can they issue CCJ's against you? What should I do?

Hi there

From what you are saying, you have made it perfectly clear you are willing to find a solution with them - which is better than many of their customers who are experiencing problems will have done who are either ignoring them / burying their head in the sand.

I would advise you write to them, offering a payment plan in writing, sent by recorded delivery so you have proof they have received your offer (then, in the future, IF you need to you can PROVE you have tried to do something.)

Yes, they can put a CCJ against you, but in reality this will be more of a last resort. They will (if they haven't already) put a default notice on your account as you haven't kept to the minimum repayments contracted. If a third party has called you, this could be either their debt management company, or they may have sold the debt to a totally separate company who will now be wanting you to pay them direct. However, even with this case, such companies are usually open to a repayment plan as it costs them a lot of time and trouble to go to court....

The reference to the legal team may have been no more than a light "threat" to you. Remember, they can't send bailiffs etc without a court order, so if they start using language like this then don't get overly worried.

I would stick to my guns, keep stating you have no way to meet their demands, keep offering a repayment schedule and take it from there. Also, send something in writing to them.

Good luck - keep us posted

gfplux

Hello sarahfx,
If you have spent a year on this and have really tried to give them money (did you pay every month something) they must think you have not been co-operating.
To prove otherwise you need to check through all the letters you have sent and they have sent you.
Over 12 months this must be a very thick file.
Put it all in date order, oldest at the bottom newest on top. Put it in some sort of folder and then call these people - http://www.cccs.co.uk/

Good Luck

SarahFx

I offered to pay several times. Following the advise of this site I wrote down all my outgoings and offered an amount. They wrote back saying that they felt this was too much. I again, did their payment plan putting on direct debit details, so they upped the amount that they deemed was too much by £10 a month and sent me a paying in book rather than using my bank details. I asked them to re-consider the amount as I have recentely been made redundant, and thats when I'm now in this situation.

What I really cant understand is why this 3rd party has no intrest in me setting up a plan, they just kept saying that its "gone beyond that". What ever thats meant to mean.

gfplux

Hello again sarhfx,

What they mean when they say "it has gone beyond that" is that you missed your chance to make smaller regular payments and your bank ran out of patience. I imagine because even when they sent a paying in book you did not send them any money.
tell me if I am wrong but was it like this:-
You said you could pay say £55 per month and they said £65 per month. You were not happy about this so did not pay even the £55 each month.
If it was like that what has happened to the ££ you have not paid each month that you said you could afford?