FLM - from the Guarantor

JRobbo

Almost 4 years ago I first became a guarantor for a friend who got the loan via FLM. Back then I earned enough to cover the loan if I had to, but my friend paid faithfully for 2.5 years. She then asked to extend her loan. I wasn't keen, but she said if I didn't agree she wouldn't be able to pay the loan she had already, so in the end I gave in. I was then made redundant (been there less than 2 years so not entitled to redundancy), and ended up using my own credit cards etc to try and keep my head above water whilst I did temp work and tried to find a new job. I did get a new permanent job, but not at the same level of pay I had previously had so ended up having to put all my own debt with CCCS to get myself straight. So no more access to credit myself and the debt management plan uses all the disposable income you have to pay your own debts (this is just a statement - I am not moaning as I am very grateful to have this optioin). Anyway, things were okay until last Novemeber when my friend missed a payment (long story here about her changing the payment date, getting it wrong and them refusing to put it back how it was, which I have put in a complaint about). She's made all the payments since and has offered them a payment plan to make up the missing payment of £180. I have also offered £5 per month to help, which actually comes out of the £15 a month allowable by CCCS for emergencies.

They say they will 'accept' the payments but that it will not stop them taking further action and threaten constantly with courts and bailiffs to come in and take away not only what I own but also what belongs to my 11 year old son! Neither of us are refusing to pay this, just cannot pay it in one go and they will not listen to reason on this!

CCCS have told me that they could not send in the bailiffs, etc. unless we missed a payment of an agreed repayment plan that the courts had agreed to, but FLM (or their internal debt collectors, Harvey Sturtt) have said they can and they will!

Anyone know who is right? And can they take away things like my son's PS3 when he paid for it out of Christmas and Birthday money from grandparents, etc.?

Thanks.

paddyrg

It sounds like they're trying to menace you into not defaulting on the agreed payment plan. As long as you pay what you agreed to pay through the courts, and do not miss a date or payment, and there are no other factors we don't know about, they're unable to do anything.

Bailiffs can only be appointed by the court, who will not appoint bailiffs if you're paying as you agreed legally. They may send debt collectors who have no legal right of entry, if they do, ask them to their faces are they court-appointed bailiffs. They either perjure themselves or have to slink off in a huff and leave you alone.

That's how I read it anyway.

fatbelly

I don't think you should be offering £5 a month at the moment.

Let your 'friend' see if she can sort it out.

If FLM take court action (and they have been known to) then you will both receive a court claim and should both respond. Whatever the court orders, provided you keep to it, no other form of enforcement is available, as CCCS told you.

And let this story be a warning to anyone considering a loan from this bunch.

bryanbukowski

I feel for you mate, it's not an easy situation, doing a nice thing becoming a guarantor then it all going belly up for you. Main thing is to stay positive, we've seen worse.Sounds like FLM are using their 'Tactics' we've heard so much about on this thread to make sure these payments come through. As someone has already said, don't focus on how you're going to avoid this lender, focus on how you're going to get your friend to pay what they've agreed. As long as they do that FLM wont have a leg to stand on when it comes to court action and bailiffs. Get together with your friend (or get her to join the site and we'll do it for you) and write down all her income and outgoings. Then work out what they can live without I.e. that Friday night bottle of wine. I guarantee you, putting it all down on paper does help. Just don’t hide from debt; it makes it a lot worse.

fozmcfc

mrb1 wrote: »

I dont hate you, I think you are narrow minded and always aim to belittle people and or rubbish there threads and or comments

!!!!!!, what an absolutely ridiculous post.

Bryanbukowski has offerred some great advice and you post rubbish like that.

What have you bought to this thread?

Think before you post again, you're mearly embarrassing yourself.

JRobbo

Thanks Paddy, Bryan & Fatbelly. Whilst my logic told me that CCCS were probably right, this guy at Harvey Sturtt - FLM's militant arm - just won't let up. So thank you for confirming what CCCS have told me.

All I can do now is wait and see what happens - if my friend pays as agreed, if FLM do take us to court and what the court will say considering my change in circumstances, the fact that my own debts are with CCCS, etc. and so how much they will expect me to pay each month. What scares me really is if things went how FLM say they will - can they actually take items which belong to my son on the basis that he is under 18? He owns them - they were either gifts or bought by him with money he received as gifts. That he could lose his stuff because of the actions of my 'friend' terrifies me.

Thanks again

Apples2

mrb1 - Please add me to your growing list of people you don't like for reporting your posts to Abuse.

fozmcfc

I've deleted 2 of my messages as they are no longer relevant and just quote Mrb1.

Glad the OP has taken the decent advice and OP I hope it gets sorted soon.

Apples2

I think mrb1 has gone. Can't find a single post of his.

fozmcfc

Would appear so, maybe an mrb2 will appear.

Possibly the large majority of their posts were of the same ilk as we saw on this thread.

fatbelly

JRobbo wrote: »

What scares me really is if things went how FLM say they will - can they actually take items which belong to my son on the basis that he is under 18?

No

And as I said before - Whatever the court orders, provided you keep to it, no other form of enforcement (bailiffs, attachment of earnings, charging order etc) is available.

They will never go down the court route anyway if your friend recommences payments.