debt companies argh!!!

cl4ire1

I would like some advice, i have this debt which i have been trying to sort out for sometime now. I was contacted from a debt company and i communicated and sent all information they asked for and also made an offer of repayment which i could afford and never heard anything from them this was March of this year. Now i have had letters from another debt company saying that as a result i never communicated with the company before they want the payment in full within 7 days (if we could do that we wouldnt have debts) and if i didnt they would make me bankrupt( can a debt company actually declare me bankrupt?) i thought you had to declare yourself bankrupt?? Anyway this debt company is saying that i have to pay as set out in my contract with the company but looking back and also through files i never signed nor sent any contracts to them, does this make this debt invalid or does that give me the power to say i will pay this debt off but on my terms i.e monthly amounts that i can afford?, please help if anybodys has been in this position as im quite new to this game and dont have a clue were to start.
thanks in advance
claire

Hannah_10

There is a grain of truth in the idea they can file to bankrupt you. Being technically correct about it that could happen. However, the DCA (debt collection agency) wont get usually get any of thier money if you go bankrupt so they mostly have no interest in spending the hundreds and hundreds of pounds to do it. What they do want to do though is get you to pay up. Now they can't force you because they actually don't have any more rights than the Avon lady, but they hope you don't know that! They mostly just say this sort of thing because it frightens you. Afterall when you've got no power what have you got? You've got bluff, and if you're good at bluffing you can go far! Unless the DCA can scare you into paying up then they are stuffed provided you know your rights and a little about how DCA's work. You might not, yet, but you can learn.

In order to be a bit more specific and help you properly Claire can you answer these questions (even if they don't all seem relevant they are)...

1. In what year (and month if you know it) was the debt first taken out?
2. Who was the debt taken out to and what kind of debt was it (eg: Egg- credit card, British Gas- gas bill)?
3. Did you ever make any repayments? If so what sort of money were they and when did you stop?*
4. How much did you owe at this point, when it was still with the original company?
5. When did you get your first letter from any DCA (debt collection agency) about it?*
6. When did get the first letter from the DCA it is with now?*
7. Who are the DCA it is with now?
8. How much do you owe now?

*= Best guesses are good enough for the ones with stars.

The more accurate you can be then the more chance we have of working out what is just the DCA talking poo again and what is really happening. The questions I've asked should also tell us if there is any chance your debt is unenforcible (meaning you wouldn't have to pay any of it) and what you might be able to clear it for if you wanted to try it on a bit (sometimes this is incredily low, like 15%). It will also inform us what risk, if any, there is to you by just telling them to do one and we can even help you get them to take your offer.