Newbie panicking

spliced

Me and my husband have just over £27000 of debt. This was a loan and 2 credit cards, and a couple of other things.

We went with a DMP, with the CCCS. We are now paying £470 a month whereas previous we were paying out around £800 a month.

At first it felt like ' yes we can breath again', but a couple of our creditors do not accept the amount offered per month and so we are still getting loads of letters off them.

I have another letter today of a diferent company saying if I dont pay them arrears within 7 days, bailiffs will be sent from an external debt collecting agency.

Whenever my husband calls the CCCS about the letters etc, they tell us not to panic and that when it gets passed to external companies etc, let them know and they will pay them the same amount, but I cant not panic, its all I think about. I dont want bailiffs coming around and I am so stressed because of this.

Is it normal to keep getting these letters, am I overreacting?

Tixy

It is normal to find one or 2 creditors are difficult.

You cannot have baliffs turn up unless you have been taken to court and have a CCJ against you (and then have no kept up with the agreed repayments set by the court).
They are trying to scare you (and obviously succeeding). All they can do without a CCJ is to send round debt collectors with no legal powers to do anything. Chances are they wouldn't turn up anyway (costs them too much money) but if you are worried you can send a letter which means they can't even send an agent to ask very nicely if you could pay a little more - see here - Threat of Doorstep-Visit

Do try not to panic -its exactly what they want you to do.

spliced

Thanks for replying Tixy

can I just ask though, what would the debt collections people turn up for? What would they ask and can I refuse them entry?

Very happy re bailiffs, ( I can exhale now)

Thanks again

Tixy

Yes you can refuse them entry. If they refuse you can even threaten to call the police.

They are occasionally sent round to make people think they are baliffs and think they will lose their posessions, to encourage you to panic and pay more somehow (borrow from someone else or whatever they don't care). Another trick is trying to embarrass you in front of your neighbours (which is not allowed of course but does still happen).

They are fairly unlikley to come, and if you send that letter they certainly won't, 1) because it tells them not to and 2) because they'll realise they are dealing with someone who understands their rights.

charliemonkeyface

if your debt goes to a debt collection agency and you dont want them to call to your home send them this letter recorded delivery(noy my handywork i found it on another post).
i must admit i have'nt sent out myself yet but i did bookmark it for when i need it, which should be soon.


Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

To_be_Free

charliemonkeyface wrote: »

if your debt goes to a debt collection agency and you dont want them to call to your home send them this letter recorded delivery(noy my handywork i found it on another post).
i must admit i have'nt sent out myself yet but i did bookmark it for when i need it, which should be soon.


Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Just a small extra if you send a letter do not sign it, print your name or leave it off, as some of these debt collectors have used peoples signatures to their advantage in the past.

handyman123_2

To_be_Free wrote: »

Just a small extra if you send a letter do not sign it, print your name or leave it off, as some of these debt collectors have used peoples signatures to their advantage in the past.

This letter works, sign digitally pick a fancy typeface and use blue for colour as this won't scan. Keep all communication in writing, this way you keep a paper trail and they can't say you said this, that or lie.
Cheers handy.