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Really Upset

Just had a call from a debt collector about a debt i thought i had set up repayments on, according to them i had made a one time payment and was supposed to call them back every month to make a payment, what i thought i was told at the time was i had made the first of many to come monthly payments and that they would be taken out on a date that i had chosen every month, now i have just checked and they are right the second payment hasnt been taken out, but now they are threatening to send bailiffs to the door because i cant afford to make a payment today to set up another agreement, i have told them i was going to see a solicitor because as far as i was aware this was set up and she has said she will put in a complaint and get someone to listen to the call that was made previously when i set it up. If i have made a mistake fair enough but i feel it very unfair of them when its a geniune mistake if that be the case, i distinctly remember him asking what the best date would be in the future and they dont even have that date down as the payment date, they have it set as the same date the original payment to set it up was made. Im so upset about it i genuinely thought i had sorted this out and i dont know whats going to happen now.
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Comments

  • ok - a few things to help.

    Firstly - they can't send in bailiffs without a county court judgement. Even with one you would have to be behind with payments so this is an empty bully boy threat and if anyone does turn up you can legally tell them where to go.

    Please don't have any more telephone conversations with them. Everything should be in writing. Sadly this is where either misunderstandings or the DCA taking the !!!! comes into play, if they call, just say everything will now be in writing - from both sides.

    The chances are, they were looking for you to set up a standing order (where you instruct you bank to pay the creditor) and you thought they were going to set up a direct debit (where they request from your bank the amount they can specify). They won't be able to set up a direct debit - it needs to be you telling your bank to pay them x amount per month on x date. Standing orders are a bit slow to reach a payee so give yourself a few days breathing space before the money is actually needed by them.

    I would write to them with your offer of payment, say you have set up a standing order (and do this with your bank) and then let the payments go through each month.
    :D"Stay Wonky":D

    :j:jBecome Mrs Pepe 9 October 2012 :j:j
  • geek0
    geek0 Posts: 117 Forumite
    Thanks for the reply i didnt think they could just send a bailiff round until it had been to court but i wasnt sure, it was actually a standing order i thought they had set up but if it is something i have to set up maybe i misunderstood them, she was really unhelpful, im sure they get made promises that people dont keep on a regular basis but this just isnt the case i had heaved a sigh of relief thinking it was sorted out and i didnt have to think about it anymore, the manager should be calling me back tomorrow which she didnt offer to do until i said i was going to see a solicitor, i just hope they will be more helpful.
    November Wins: 50p voucher Danone
    Freebies: 2 Books, Colour Catcher Sample, £10.00 Argos Voucher, Febreeze plugin
    Surveys Earnings: 5.65, 3.00, 1.00
    Dec £5/day challenge: £5/£155
    Dec GC: 0/£120
  • yes, you need to set up a standing order. Just give their details to your bank or set it up as a regular payment through your online banking and it will be done.
    :D"Stay Wonky":D

    :j:jBecome Mrs Pepe 9 October 2012 :j:j
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