ANOTHER Letter from Debt Collector..what to do?

prudryden

Careful - Littlewood's may not be pursuing you because they sold the debt marker to the debt collectors. You will probably get a court summons along with the paperwork to enter your defense. As the defendent, you can choose the county court which is more accessible for you. Be sure to fill it in and send it back, otherwise, you automatically lose. If you don't appear, you will automatically lose.

THE_LONE_RANGER_4

prudryden wrote:

Careful - Littlewood's may not be pursuing you because they sold the debt marker to the debt collectors. You will probably get a court summons along with the paperwork to enter your defense. As the defendent, you can choose the county court which is more accessible for you. Be sure to fill it in and send it back, otherwise, you automatically lose. If you don't appear, you will automatically lose.

TO BE HONEST IF THE DCA TOOK YOU TO COURT IT WOULD BE BEST FOR YOU, I THINK FROM OLD EXPERIANCE I DOUBT THEY WILL ,MORE LIKE TRY AND GRIND YOU DOWN JUST DONT LET THEM PAY WHAT YOU CAN AFFORD

fuzzgun19

prudryden wrote:

Careful - Littlewood's may not be pursuing you because they sold the debt marker to the debt collectors. You will probably get a court summons along with the paperwork to enter your defense. As the defendent, you can choose the county court which is more accessible for you. Be sure to fill it in and send it back, otherwise, you automatically lose. If you don't appear, you will automatically lose.

So how can i find out if littlewoods HAVE sold the debt? I did send the letter to the DCA asking for 'proof' but no reply as yet...

Do you think I should call the DCA or Littlewoods and ask them it they own/sold the debt?

REALLY dont wanna get into a court situation, would rather pay weekly (cant afford all in one go)

HELP!!!

prudryden

Go to this thread, if you haven't seen it. You may want to ask the OP the circumstances of their win.
http://forums.moneysavingexpert.com/showthread.html?t=307654

THE_LONE_RANGER_4

Ask Littlewoods

fuzzgun19

Thanks I will call littlewoods and see if I get anywhere.

If they DID sell the debt what should I do next? Call the DCA and arrange payments?

prudryden

fuzzgun19 wrote:

So how can i find out if littlewoods HAVE sold the debt? I did send the letter to the DCA asking for 'proof' but no reply as yet...

Do you think I should call the DCA or Littlewoods and ask them it they own/sold the debt?

REALLY dont wanna get into a court situation, would rather pay weekly (cant afford all in one go)

HELP!!!

They don't have to send you any proof at this stage. However, once the claim has been filed - they should provide this proof during the discovery stage of the suit upon you asking. If they don't provide it, the judge would not be amused. The judge wants to see that both parties have made an effort to settle the dispute prior to going into the courtroom.

There isn't much doubt in my mind that this is what has happened. Littlewood's has sold the debt at a discount price, maybe as low as 50% of the value. The debt collectors now stand to make a profit of the remaining 50% plus costs if they win. During the discovery stage, you can make a low ball offer, they will come back with another offer and on and on. At some point, you will both more likely agreed to a certain sum. Both parties win something and both parties lose something.

Once it goes to court, its all or none depending on your case.

fuzzgun19

Thanks.

So if I called the DCA to make an arrangement to pay installments, do you think they would still go ahed with court action?

immoral_angeluk

Call littlewoods and find out for certain if they have sold the debt and who to. If they have then ask them why they sent you a letter stating they weren't pursuing it, only to sell it on to someone else. ONLY when you have confirmed with littlewoods that that is happening should you acknowledge the debt with the DCA and organise weekly payments.

prudryden

fuzzgun19 wrote:

Thanks.

So if I called the DCA to make an arrangement to pay installments, do you think they would still go ahed with court action?

Probably not, but not guaranteed. Personally, I wouldn't call them, but send a letter. Do you know anyone with some sort of legal background - doesn't have to be practicing - just familiar with legal jargon that could help with the letter? Definitely seek advice as to what you say in the letter.

I would personally attempt to negotiate a reduction in the debt. Debt collectors are aware that a bird in hand is worth two in the bush. But it can be mentally exhausting depending on your mental strength.

Normally, these negotiations take place after the court summons and before the court date. That is when the real psychological battle begins.