Help Needed

alisch

Hi Everyone
I am hoping that someone on here can give me some help

I have got in arrears with my catalogues (shop direct) after my mum passed away i have been paying what i can afford althought not enough for them. I am being chased by NDR and now 1 has been passed to Lowells. NDR are threatening default notices and lowells are threatening collections. I am so scared, can they take my home etc. I just dont know what to do?? I cant sleep and i am making myself physically ill. i have been paying £10 per month which at the moment is alll i can afford. My mum lived with us and contributed (approx 500).

Thanks in advance

Sunnylooloo

Please calm down.......

You are having a horrible time, but don't worry I do not think theycan take your house.

Carry on making the payment that you can afford they can't make you pay any more if you don't have it

What is your overall debt with them

Hold on and someone with more advice will be along soon

LL

alisch

overall about £8000 (bad i know) but i had the means to pay it at the time

Sunnylooloo

It is not bad - it is just one of those things..........

I'm not sure what others might advise (i am in the middle of doing my own DMP) but I would send them a letter I would include and SOA or Income and Expenditure sheet and say this is what I can afford to pay and I will be making the is payment on the xx day of each month and just leave it like that?

Not sure what anyone else can suggest?

is this the only debt you have??

alisch

i have a mortgage, a secured loan and car finance - all of which are paid and up to date

Its the constant telephone calls from them

Sunnylooloo

O there is a letter around that will stop the calls

let me see if I can find the template for you

two ticks

Sunnylooloo

Sorry just pinched the links form one of Tixy's posts - hope it helps

http://forums.moneysavingexpert.com/...85&postcount=4

and if you still have problems this - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - might also be useful, see 2.6a and other clauses.

alisch

thank you for your help.

I think if i wasn't still grieving i think i would be able to be a bit stronger, but its just getting me down so much (sorry for being a whinger, i know i got myself into this mess)

and you read such horror stories i was panicking they could force me to sell my home or something

Sunnylooloo

O don't be silly no one things you a whinger and you are going through a terrible time, please just try not to worry

Hax

I assume it's unsecured debt so your house should be safe.

My understanding is that the debts in order of importance are:

1. Your mortgage
2. Debts secured against your house
3. Council tax / Income tax
4. HP for car (assuming the car is a "necessity")
5. Unsecured debts

Although, I'm a little unsure as to whether tax debts are more important than mortgage payments as you're more likely to end up in deep do-do if you don't pay them...

Regardless, your unsecured debts should be at the bottom of the pile.

You might find it beneficial to talk to one of the debt charities such as CCCS - it's free and they can give you advice tailored to your situation. It can be really good and reassuring to talk to someone.

Whatever you do, don't feel bad about your debts - you have them and are facing up to them - that's the most important thing!

Good luck!

podperson

Hi alisch,

Sounds like this is the last thing you need when you are having a hard time anyway so please don't let these bullies get to you. Send the letter asking them to contact you only in writing, might be worth also adding one that the £10 payments are all you can afford at the moment so that is all you will be paying. Make sure you keep up to date with these.
Dcas love to make threats like this but they have very little real power. Worse case scenario they can try to take you to court to get a ccj - if this is granted then all this means is that the court will look at your incomings and outgoings and set an amount that you can afford to pay per month - likely around the £10 you're paying at the moment! Only if you then didn't make these payments would they have a case to take you back to court and ask for a charging order - which would basically turn the unsecured debt into secured debt on the house. This still doesn't mean that they can force you to sell up and most courts would look very unfavourably on this in all but the most extreme circumstances.
If they are making threats to take you to court then could be worth asking them for a copy of your cca as Shop Direct often don't have valid ones for their debts and that would make it much harder for them to get anywhere in court against you.