advice please. court

HETTY

Hi
My mum is having some real problems with Aqua, its been going on for months, she will ask them to set up a monthly payment plan, they accept she pays and then is still sent letters demanding all the arrears, and then the statement comes and they havent even put the payment plan on it, so any payments she makes arent even enough to cover the interest. Its really getting on her nerves now. We had read briefly about asking the creditor to take her to court, she isnt bothered anout getting a ccj on her file as its pretty bad anyways so no chance of her ever getting credit again.
Has anyone got any advice on what will happen if she asks Aqua to take her to court. I have had 2 CCJs and to honest i have found having these alot easier then trying to negotiate with creditors.

thechippy

If she ceases all payments to them, they'll almost certainly just take it to court anyway.

dancingfairy

I would get your mum to phone one of the debt charities to talk things through with them to be honest- try National Debtline or CCCS or your local CAB.
Also stick to everything in writing so they can't lie or deny anything, send everything recorded delivery.
Keep copies of all letters sent and received if it does go to court as they are obviously messing her about.
Get her to make the reduced payments every month whether they accept it or not - again if it goes to court this will show the judge she is being reasonable and it is them that is being difficult.
If they continue to mess about I would write a very strong complaint letter - head it up - complaint so they know that it is a complaint. They then have a certain time to deal with it. After this or if they try and fob her off etc then she can complain to various sources - Financial Ombudsman, OFT, Trading Standards etc but I believe you have to have at least tried the companies complaints procedure first.
Again you might find this easier if you get some help from one of the debt charities.
Just a thought but is this actually your mums debt? it's not some company chasing her for a debt that she doesn't know about is it? as there seems to be companies that try and chase people for debts that aren't theirs.
Good luck
df

gonzo127

has your mum spoken to one of the debt charities? CCCS, CAB, National Debt Line or payplan to get some advice?

is it her only debt and how big is it?

is she in arrears with any other debt she has?

a DMP might be a solution to get things sorted,

does your mum have any of the agreements in writing? as any agreement on the phone really is worth very little (unless you have recorded it) as they will just say no note was made and that that telephone conversation was not recorded so you would have no proof

thats one of the major things when dealing with creditors, to do everything in writing!

dancingfairy

thechippy wrote: »

If she ceases all payments to them, they'll almost certainly just take it to court anyway.

either that or they are just messing around.
df