Can they take me to court without a credit agreement

Need_To_Sort_It

Hi,

Great Universal now threatening me with court via National Debt Recovery,

When i could no longer pay full amounts to my creditors I paid them all £1 a month. GU kept adding £12 fee making the debt bigger every month but they wouldn't accept the £1 that everyone else accepted.

I complained to the FO about this £12 fee but cant remember what they said in their letter to me, I was a bit poorly and cant find letter = it was something like 'there may not be an agreement but you don't dispute having the goods etc etc please write back......" and I the rest I don't know. I never said I wouldn't pay, I just cant pay.

Anyway GU stopped adding the £12 and I carried on paying my £1 a month.

I have mental health difficulties and have found the phone calls the creditors make very disturbing and despite me asking them to write to me they wont. So my nurse told me to just stop answering their security questions giving the reason 'you could be just anyone, I cant give those details to a withheld number". And she replied 'fine we'll see you in court'.

Next thing I know I get a Notification of Instruction to Proceed from a company called NDR and I see from a current catalogue statement they are adding the £12 again a month

Can someone please tell me what I should do next please

HappyMJ

Keep ignoring the threats. It won't stand up in court. It's a bluff that they are hoping you will take and therefore pay up.

Need_To_Sort_It

Oh HappyMJ, Thank you for replying, I am a bit scared cos I thought they had conceded they could do nothing a long time ago. I heard rumblings of some failed court case you see and panicked a bit.

The thing is they are never going to get their money if they keep adding £12 a month. Bit daft really

HappyMJ

It is daft. They probably are thinking it's not worth collecting £1 per month so are going for the whole lot.

Now how to get them to stop adding £12 per month and credit back all the charges that they agreed to not add in the first place. If you ever do come into some money offer them a full and final settlement and in that letter state that all the charges will not be paid only the original amount borrowed less what you have paid already.

MrsTinks

How much is the debt? If it's high enough then certainly they might seriously consider a CCJ - if the debt is low then it wouldn't be worth their while to do so. I would suggest you contact someone like CCCS to discuss the situation you're in if you haven't already...

Need_To_Sort_It

Hiya,

Its £1300, but it will keep going up now they are adding the £12. I am sure the letter from the FO said that they were wrong to add the £12 because there was no agreement but i should pay the debt cos i had the goods.

I always wanted to pay, they just wouldnt accept £1 like the others

Will do my best to ring CCCS if i can get to a phone thanks