Halifax debt passed to debt collection agency - what do we do now please?

Callisto

I'm trying to deal with my partner's Halifax credit card and overdraft debts on his behalf, as he is not working due to depression and anxiety. Partner applied for Employment & Support Allowance, but was refused due to me working full time and not having paid enough NI contributions. Therefore partner cannot set up a payment plan through CCCS as he has no income of his own.

I sent an income and expenditure form to Halifax with an offer of £5 per month for the overdraft (total owed £350) and £16 per month for the credit card (total owed £2243) as £21 per month is all I can afford to pay and paid this amount for November.

Now both debts have been passed to Albion DCA and they are asking for the full amount which we haven't got. Should we call them to offer the £21 per month or communicate in writing only? I'm not willing to give them my debit card details as terrified they will try and take more from me than I can afford - should I ask for payslips to pay by cheque or can we pay over the counter at Halifax? Also what will happen if they don't accept the £21 per month, will they take my partner to court? I'm so scared this is just going to make him more depressed and want to handle as much as I can for him...

Thank you for reading.

never-in-doubt

Callisto wrote: »

I'm trying to deal with my partner's Halifax credit card and overdraft debts on his behalf, as he is not working due to depression and anxiety. Partner applied for Employment & Support Allowance, but was refused due to me working full time and not having paid enough NI contributions. Therefore partner cannot set up a payment plan through CCCS as he has no income of his own.

I sent an income and expenditure form to Halifax with an offer of £5 per month for the overdraft (total owed £350) and £16 per month for the credit card (total owed £2243) as £21 per month is all I can afford to pay and paid this amount for November.

Now both debts have been passed to Albion DCA and they are asking for the full amount which we haven't got. Should we call them to offer the £21 per month or communicate in writing only? I'm not willing to give them my debit card details as terrified they will try and take more from me than I can afford - should I ask for payslips to pay by cheque or can we pay over the counter at Halifax? Also what will happen if they don't accept the £21 per month, will they take my partner to court? I'm so scared this is just going to make him more depressed and want to handle as much as I can for him...

Thank you for reading.

Hiya

They can demand all they like but there will be no court action, worse case scenario is they default your partner.

Basically, only deal in writing and yes, send the DCA the offer. Also state in your letter that it is all you can afford, if they refuse then you'll simply cease payments herewith.

Don't get worried though, there is little they can do.

Good Luck

cazbear_2

I currently owe money to Halifax and have managed to get them to agree to a 3 months informal agreement of one pound a month for 3 months and they agreed to freese intreast and charges also this is the second agreement I have with them so really I have had a six month repreave.

Have you contacted CAB (its a free service ) or national debtline can give good advice too and best of all its free.

Personal I wouldnt give them you card details under any circumstances just in case as you say either pay using paying in slips or ask them for the account details and make a standing order for the same date each month.

And as the Op said they can demand all they like they Can not take what you do not have.

I had problems with some of my creditors and still am but DO NOT talk to them on the phone make all contact in writting.

And if they do turn up at your door very unlikely thou your partner could be classed as vunreable due to his depression so if informed of this they should stay away from your home address.

If they do turn UP PLEASE DO NOT LET THEM IN OR EVEN GET A FOOT IN THE DOOR (it gives them all sorts of rights in the futcher)

I am new here but have had a far bit of info on this subject recently so if you wanna message me I will do my best to help.

stapeley

I know it feels bad , but it is a small debt compared to some peoples . I would consentrate on clearing the overdraft first . This can snowball quickly I suggest you pay the larger amount to the overdraft get that out of the way . Also before any payments are made or offered to this DCA make sure you recieve a notice of assignment . This tells you if they have purchased the debt or just acting as agents .

fermi

cazbear wrote: »

If they do turn UP PLEASE DO NOT LET THEM IN OR EVEN GET A FOOT IN THE DOOR (it gives them all sorts of rights in the futcher)

You are thinking of court bailiffs once the debt has been to court and they have a judgement.

Before then, the only people who might come (but unlikely) are just debt collectors.

They have no right at all. EVER. You can tell them to "bu**er off". If they won't leave when asked, then you can get the police to remove them.

fabforty

Callisto wrote: »

I'm trying to deal with my partner's Halifax credit card and overdraft debts on his behalf, as he is not working due to depression and anxiety. Partner applied for Employment & Support Allowance, but was refused due to me working full time and not having paid enough NI contributions. Therefore partner cannot set up a payment plan through CCCS as he has no income of his own.

I sent an income and expenditure form to Halifax with an offer of £5 per month for the overdraft (total owed £350) and £16 per month for the credit card (total owed £2243) as £21 per month is all I can afford to pay and paid this amount for November.

Now both debts have been passed to Albion DCA and they are asking for the full amount which we haven't got. Should we call them to offer the £21 per month or communicate in writing only? I'm not willing to give them my debit card details as terrified they will try and take more from me than I can afford - should I ask for payslips to pay by cheque or can we pay over the counter at Halifax? Also what will happen if they don't accept the £21 per month, will they take my partner to court? I'm so scared this is just going to make him more depressed and want to handle as much as I can for him...

Thank you for reading.

Although your partner has no income of his own, with CCCS you can make a payment on his behalf - even just a token amount. When I was unable to work and my income left nothing to pay creditors, my sister paid £5 per month per creditor (£35), which allowed me to stay on the CCCS DMP. Obviously it depends on your relationship with your partner and your personal finances, but it might be worth thinking about.

Callisto

stapeley wrote: »

I know it feels bad , but it is a small debt compared to some peoples . I would consentrate on clearing the overdraft first . This can snowball quickly I suggest you pay the larger amount to the overdraft get that out of the way . Also before any payments are made or offered to this DCA make sure you recieve a notice of assignment . This tells you if they have purchased the debt or just acting as agents .

We haven't received a notice of assignment, although we have had default notices. I'm unsure what difference it makes if the DCA is acting as an agent or has purchased the debt? Surely I still have to offer something?

Also, is there any chance they will stop adding charges/interest, so we have a chance to make some headway into the debt?

Thank you to everyone who has offered advice, you are all stars! :T

Callisto

fabforty wrote: »

Although your partner has no income of his own, with CCCS you can make a payment on his behalf - even just a token amount. When I was unable to work and my income left nothing to pay creditors, my sister paid £5 per month per creditor (£35), which allowed me to stay on the CCCS DMP. Obviously it depends on your relationship with your partner and your personal finances, but it might be worth thinking about.

I will try speaking to them again Fabforty, thanks. Last time I spoke to them, the lady was lovely - but only seemed to be able to offer a joint plan, I assumed this would mean my debt was also included in the plan and would only get pro rata offers and I am managing my minimum credit card payments and overdraft.

fabforty

Callisto wrote: »

I will try speaking to them again Fabforty, thanks. Last time I spoke to them, the lady was lovely - but only seemed to be able to offer a joint plan, I assumed this would mean my debt was also included in the plan and would only get pro rata offers and I am managing my minimum credit card payments and overdraft.

In my case, the money that my sister paid was included on my budget sheet, in the 'income' column as 'family contribution'. The dmp was completely in my name - sister's details were not included. Hope that helps.

cazbear_2

fermi wrote: »

You are thinking of court bailiffs once the debt has been to court and they have a judgement.

Before then, the only people who might come (but unlikely) are just debt collectors.

They have no right at all. EVER. You can tell them to "bu**er off". If they won't leave when asked, then you can get the police to remove them.

You may well be right but the advise i had from CAB was they debt collectors can price up your stuff if you willing let them in or they can get a foot in you door (I could be wrong ) Thou you are deffinatly right about telling them to Bxxgger off at the door step.

many years my sister had a visit from a door step collector and they took stuff without a court order as she made the mistake of letting them in when they asked if they could come in to chat.

fermi

cazbear wrote: »

You may well be right but the advise i had from CAB was they debt collectors can price up your stuff if you willing let them in or they can get a foot in you door (I could be wrong )

That CAB advisor needs retraining then. That is utter rubbish.

We have 2 or 3 CAB debt advisor's as regular posters on this board, and they would not have given such shoddy advice.

And the door step collector that your sister encountered was obviously acting beyond their legal authority. Appalling and shocking, but not hugely surprising. You could say that misleading debtors regarding their legal rights is pretty much part of the job description for these [STRIKE]crooks[/STRIKE] people. :rolleyes: