My debt to the bank has been sold-on

wobla

After five years of illness and unemployent, and paying off a large debt to my bank at a 'token' £1/month, the debt has been sold-on to a debt collection agency.

I am never going to be in a position to pay off the debt - I have a serious, terminal and progressive illness that prevents me from working. I claim Income Support and get Disability Living Allowance (DLA) at the highest rate. My questions are these:-

1. I have been asked to supply details of my income and outgoings. Are they entitled to ask for a proportion of my DLA? Or is it sacred?

2. My bank knew my situation well, as I kept them appraised of my health and circumstances, and sent them proof of my worsening condition. Why do this debt recovery company seem to think it is worthwhile persuing me for the debt?? Didn't the bank give them all of my correspondence when they bought the debt?

3. They have requested £120/month, I have offered £10/month. I expect they will want to take me to court. Do I have anything to worry about? The agency is 90+ miles away, and I expect the court will be in their area, not mine. I can't travel that far in a day - what will happen if I can't be in court to defend myself?

Thanks in advance!!

bonnie_2

DLA is sacred, i very much doubt they'll get away with charging you more than £1, don;t worry about it.

Ali-OK

Sorry to hear about your health - you don't need this kind of worry on top of everything else.

I doubt they can touch you, but might be worthwhile contacting the CAB to see what they say and if they can offer any further advice, ie. re-supplying details of your situation and continuing the £1 p/month payment.

Good luck and let us know how you get on.

skyrocket

As you are an individual the court hearing should be in your town, especially given your circumstances. Speak to the CAB they are excellent. Hope you get this sorted soon. I expect it will turn out ok for you.
Sky x

Broken_hearted

Hugs. Don't let them push you around and don't pay more than you can afford. The bank will have only told them you have a debt with them and the DCA will think if they push hard enough money will appear.
You deserve to be left in peace, ask them to only communicate in writing and don't worry about going to court you have done everything in your power to pay.

wobla

Thanks for the advice, guys!! I've written to the debt collection agency and told them I withdraw my offer of £10/month, and am offering just £1/month.

In contrast to this time last week, I quite look forward to receiving the morning mail!!! I rather hope my letter has !!!!!! them off, because they were being greedy and unrealistic to ask for £120/month, I feel.

Is there anyone else out there who is in debt and terminally ill?? I don't want to cause problems for my family when I'm gone.

MrsTinks

I'm not terminally ill but I think it's something that everyone needs to consider after all a bus hitting you can be pretty terminal...
Any debts in your name that does not have a guarantor on them will not be able to pass on to anyone after your passing. Creditors can try to get money our of your estate after you pass away (so any assets or savings) and I would advise you to make allowances for any special sentimental items to pass to the right people after your death. For this you really need to get professional advice I think, just to be sure and give you peace of mind.
Not wishing to be morbid but depending on your life expectancy then make sure you keep your will updated to reflect any changes in assets and final wishes.
I think the debt collection agency made a folish purchase hen they bought your debt and I bet the bank are laughing as they know fully well that they have no chance of getting the money from you due to your health. I would depending on their reply advice them that you are terminally ill and any further correspondance to get you to increase payments you cannot afford will be considered harrassment and you will have no problems passing it on to be investigated for harrassing a terminally ill person and in due course shortening your life. I know it might seem a little harsh but I would make sure you get them to back off as much as possible to enable you to remain as comfortable and happy as is possible under the circomstances

Blessed be