Solicitor's letter arrived yesterday . . .

Nony_2

Basically, my debts came about because a sudden onset of arthritis put me on long-term sickness leave (paid); eventually I had to retire when I reached 60 instead of being able to work until I was 65 as planned.
With the help of National Debtline, I wrote to my creditors and they stopped adding interest and accepted a smaller monthly payment while I was still earning money.
I then went on to Basic Pension + Pension Credit and was unable to continue any payments. I sent Income & Expenditure forms to creditors and this was accepted for a while. Just lately these debts have come up for re-assessment; up-to-date I & E forms have been sent out and I hoped that the creditors would see that I cannot afford to pay anything - my expenditure exceeds income!
I realise that this is impossible, but anyone who has been on a low income will know that in order to pay essential bills you cut down on other things: add another jumper instead of adding coal to the fire; buy from charity shops, don't have TV, follow Martin's advice on phones, utilities, etc
I have tried to convey this to my creditors but one of them (at the moment) has not seen the point and yesterday a solicitor's letter arrived saying that I have 7 days to 'make proposals for settlement of this debt' or they are 'likely to be instructed to commence Court proceedings against you without further notice.' (I've just noticed that the letter is dated 15 May 2006 . . . . )
I CAN'T afford to pay anything at all - how do I get that across to them when I have already submitted my I & E forms to them with everything that comes in and goes out? Believe me, there are no luxuries on there.

earwig

hi get back in touch with national debt line they should be able to help you and try not to worry easy said i know

earwig

could not not even offer your creditors a pound a week check the benfits board theres a link on there called entilted to it will tell you what benifits you should be reciving and how much

earwig

sorry dont no how to put links on but mybe one of the others will do it for me

THE_LONE_RANGER_4

make a token payment of £1,00 pm tell them again about your circumstances and stick to it dig your heals in there is nothing else you can do creditors know the risks when lending and in fact so do we cirumstances change in most cases we return back to where we can pay in yours you cant so tough for them dont worry about it its not worth it let them worry

beanielou

Dont worry
If it goes to court you will get a chance to show your inc/exp and the judge will see you have no disposible income & will not be amused.
It is just a threat to try to get people to pay.
Again i stress dont worry
depending on your arthritis are you getting DLA/AA?

Nony_2

Thank you for the supportive replies and the suggestions of claiming benefits. Initially I applied for Disability Allowance, but it strikes me that if you are honest, you stand little chance of claiming anything.
Basically, you need to be badly disabled and reliant on someone to help you cope with day-to-day living or accompany you when outside. I have no-one to do this so I cope alone; some days are bad, most days are good. On the good days I can walk my dog at a steady pace (as long as I take painkillers and anti-inflammation medication); on the bad days I don't leave home because I can't!
However, I was turned down for any benefit because I was coping - it's so annoying when I see far more able-bodied people who are drawing this benefit and even having help with running their car. Grrrr!
Anyway, I'm over that; I am on the waiting list for a replacement knee so things should hopefully be better after that.
Presently, I feel scared of probable Court action after receiving this letter but on reading the literature from National Debtline, I am reassured that initially things are handled by post; a form will be sent from the Court for me to fill in with I & E and hopefully there will be the opportunity to explain my circumstances.
When I received the solicitor's letter, I didn't know whether or not to get back in touch with this creditor, but there's nothing new I can say; my circumstances remain the same with no realistic chance of ever improving.
If I offer £1 a month, I would feel duty bound to offer the same to my other 3 creditors and if I did that, it might stir them into action again. I really cannot cope with further warning letters.
So - I wait to see what will happen next (and try not to chew my nails down any further! ) :rolleyes:

Hippychick

Nony I know how you feel, I suffer from Rheumatoid Arthritis, but am 26 years old. luckily my employers have been so good to me that i can still work (from home if i get really bad) but i am forever worrying about what the future may bring.

Could you contact the solicitor who sent you the letter and explain to them your situation, i work in a law firm and i know that our debt recovery unit are not ogres. Failing that the national debt line should help.

I too get annoyed when i see what some dishonest people get, my doctor won't even let me apply for a disabled parking badge even though i have frequent occasions when i can't walk (apparantly i am too young, who ever heard of an age limit on disability!)

Nony_2

Hello Hippychick,
I'm so sorry that you have Rheumatoid Arthritis at such a young age and I can understand your frustration at being told that your age disqualifies you from being classed as disabled. What a ridiculous statement from your doctor!
I, too, applied for a disabled sticker for my car as I have limited movement in my knees and if a car is parked next to mine, I can't get in or out! I wanted to be able to make use of the extra space at the side when a disabled parking space is available - but NO, I'm not eligible for that, either! It's a case of waiting in the supermarket car park until the driver of the adjoining car moves that vehicle out of the way before I can get into my car.
As for your suggestion that I contact the solicitors who sent the letter - I did consider this but decided it would not be a useful move as they are employed by the creditors, so would hardly be in a position to listen to my explanation of my circumstances.
I shall wait and see what happens; in the meantime I shall gather my details together and prepare for my submission to the Court, whether it be on paper or in the Courtroom.

CLAPTON

this is simply a way of trying to frighten you into paying them money that you can't afford.

the solicitors letter has almost certainly never seem a solicitor; its almost certainly a standard letter they send to try to frighten you.

even if it were a letter from a real solicitor, it has no greater legal significance than any other letter.

it is pretty standard to threathen to take to to court, but unless they have a realistic prospect of getting extra money from you they wouldn't actually do this as it costs them money for no reward.

saying you must reply to the letter either priory to its receipt or leaving only a day or so is standard pyschology; it is intended to panic you.

if it did go to court the judge will take into account your ability to pay: it will cost them money for no gain.

however in the very unlikely event of them actaully issuing a court summons do not ignore it .

Nony_2

Clapton - THANK YOU! You have put my mind at rest. Funny thing is that when I first received this letter, I was absolutely terrified, shocked, felt sick, etc. because I was imagining being in a Court and facing be-wigged barristers, judge et al. (Which is probably the intent behind the letter-sending in the first place!)
Now that I have calmed down - thanks to you lovely folks - I have re-read the letter . . . slowly . . . and it doesn't actually say that they will take me to Court; the wording is ambiguous but designed to frighten, in my opinion.

"and we are likely to be instructed to commence Court proceedings against you . . . "

There's the late delivery ensuring that there is little time in which to do anything;

it points out that any replies "should be made direct to our clients address . . ." and there is no contact number or email for the solicitors, only an address;

a single line at the bottom of the letter states that "This firm is the practising name of solicitors employed by The Royal Bank of Scotland Group."

I write these details so that anyone else in the same position can take heart and not panic; as has been pointed out, these people are in the business of getting their money in any legal way possible - and they are just about legal!!