Not sure i can cope with this

sassygirl_2

OK,
so we realised finally that we couldnt afford the monthly repayments to all our creditors, so, we wrote letters to them all explaining the situation, and included a SOA plus an offer to each creditor.

so far: Tesco CC have contcted me back, issued a default notice as required by law, and said that the debt collection department will be in touch after 28 days to arrange re-payments.

Mint: They sent a letter asking for my signature. I did not sign, but sent back a letter which somebody on here kindly directed me to. Nothing heard back from them, and its now past the 14 days i stated in my letter

Barclaycard: Nothing received back from them at all. Not even a phone call, which normally when i'd missed a payment, they would have been on my back within 12 hours, calling 3/4 times a day.

I dont like the silence at all, and its making me nervy to say the least.
Should i just call and make a payment? Im finding this all so stressful and not sure what to do next.

Any help would be very much appreciated as i am going out of my mind here

LuckyBiscuit

Don't worry they'll be in touch.
Problem is in some of these companies one dept doesn't know what the other is doing.............

As they say "no news is good news"

Gook Luck

saltnvinegar

sassygirl wrote: »

Should i just call and make a payment? Im finding this all so stressful and not sure what to do next.

Any help would be very much appreciated as i am going out of my mind here

Hi Sassygirl.

No definately don't call them. You do this and you give them an opportunity to bully you into paying or agreeing something you will not be able to afford and will not be sustainable.

The 'silent' treatment is a standard tactic intended to make you worried and then make that phonecall.

You have sent them letters, they now need to respond. Ball is in their court - let them play it.

If you've not heard anything after a month you may want to send a letter stating, 'despite my letter dated xx-xx-xx I still have not had a response' and that you want to 'start making payments in line with my DMP please provide bank details to enable setting up of standing orders' or words to that effect.

I know you're keen to get a resolution but this is one of the points of keeping everything in writing as it slows the process down, givees you time to think and breathe, and helps you relax.

Also be aware that anything that can't be dealt with and responded to by a companies template letters takes longer to be dealt with.

Best

SnV

josscotgrave

Hey Sassy try not to get too stressed out by it. As your trying to deal with it, im sure a few companies appreciate this as they have many people who try to hide from their debt and keep quiet themselves so they are probably not used to recieving letters of honesty.

What i (and im far from as experienced on here as others) would do is save a copy of everything. Everything you write, every phone call communication (though writing is always best as its recorded) and always send via registered post so there can be no claims of not recieved. IF you still are worried about the silence after another week or so, I would suggest you send a copy of your original letter agiain (if you sent the first un-registered) and put a short paragraph in saying please find enclosed a copy of my original letter, sent to you on **/**/**. As I have recieved no reply I am assuming that it may have been misplaced (or words to that affect) just try not to make it sound to aggressive otherwise they may bombard you with letters .

In the meantime dont worry this will just cause you more problems (said is easier than done I know).

podperson

Hi Sassy,

Did you include a first payment with the letters? I would just start making payments to them in line with the proposed offer, maybe include a second letter with them saying that 'since you have had no response to your proposal you will assume they are willing to accept your offer'. Make sure you are paying them what you agreed to and keep a record of your letters then if they do try it on later down the line you have the proof that you have kept to what you said you would.

sassygirl_2

Thankyou so much for your replies. I am a natural worrier and i suffer with severe anxiety. I will re-print out my first letter adding a bit bout having sent it on **/**/** date, and ive not received a reply. I will send it on Monday by recorded delivery. I must admit its been nice to have a bit of breathing space this month not paying anything on my debts, and not worrying where the next meal is coming from for the kids.
I have only ever missed probably 2 payments in the last 5 years, and have gone without essentials instead to make sure theyve been paid. It feels really weird just not paying it and keep expecting big burly baliffs to turn up on my door step.
Thankyou again for your wise words

Edited to add: I didnt send a payment with my first letter, maybe i should have done?? Should i include a cheque for the offered sum in my next letter?

josscotgrave

Sassy it may also be worthwhile ringing them CCCS ppl (their contact number is in the thread ask CCCS councillors a question).
Also if i was you and as you have a family to support get ahead by getting in touch with Citizens Advice. If your suffering then they will be able to help to make sure you are recieving all the benefits you can recieve. Also worth trying the job centre too as they can be helpful (such as social fund,crisis loans). I worry alot to but then your never alone in these things.

As for Burly Baliffs (which I hope you never have) and you will know as the company whom you owe money too will pass the debt to another company first. One rule though ive learnt from here if they ever come to your door no matter what they say do not let them in and you should if they are certified and genuine have plenty of warning beforehand

saltnvinegar

sassygirl wrote: »

It feels really weird just not paying it and keep expecting big burly baliffs to turn up on my door step.
Thankyou again for your wise words

Edited to add: I didnt send a payment with my first letter, maybe i should have done?? Should i include a cheque for the offered sum in my next letter?

Hi Sassy

There are two types of people who may (exceptionally unlikely) turn up at your doorstep.

Doorstep collectors have no legal powers, no right of entry and have no right to do diddly squat. Occasionally DCA's will use the word bailliff when they really mean doorstep collectors which is deceptive and against OFT guidelines. Be aware of this.

For actual bailliffs to turn up for consumer debt, you would first have to have defaulted on a CCJ and then your creditors would have to apply to the court for bailiffs to be appointed.

You are nowhere close to that situation.

Regards doorstep collectors the OFT guidelines on this are clear:

2.12.f - Examples of unfair business practice include visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

In the OFT guidelines it goes on to state:

'By deadlocked we mean where a debtor (or debtors advisor) agrees there is a debt and has offered a repayment programme which has not been agreed by the creditor or debt collector'

This is where you are at - deadlocked.

Regards the cheque - personally I would push for bank details to set up a standing order but if you send them a cheque and they cash it they are on the road to accepting your offer by proxy.

Makes it much more difficult to defend if they take you to court if in your defense you turn round and say something like 'but they have been happily cashing my cheques for £x for the last x months'!

Best

SnV

podperson

Hi Sassy,
I would send them a first payment if you haven't already then (as SnV mentions) worse case scenario if they do decide to take it further then you have a record of your letter proposing a repayment plan and them accepting the payments towards it which makes it extremely unlikely anything will get passed to big burly baliffs And if they haven't taken you to court then anyone claiming to be a baliff is lying, has no rights to enter your property and you can ask the police to remove them.
Try not to worry, sounds like you are doing everything right so if your creditors aren't responding just assume it's acceptance and plow on regardless (it's what I do anyway!)

goingforward_3

Mint send us a letter approx every 2 weeks saying they require my husbands signature before they can act on our letter... and therefore sign in the box provided and send it back to them.

I am getting tired of it now and i will request the CCA if we get one more letter... clearly something is amiss as they are desperate to get hold of it... and today we recieved a letter from HSBC stating the same.

All letters have been kept but not acted upon... they have been notified by us we are in a dmp and by the cccs so i have nothing more to say to them.