terrified of dca

isadore

I have many debts and am paying low amounts to each one, i have recently had a new dca threarening me and bullying me to the point I am on antidepressants. can the courts order me to pay more than i can afford, what if uther creditors have not taken me to court and i owe them far more money than the one who has.what would judge decide.

mrcow

Hey - no money problem is worth making yourself ill over.

How are they contacting you? If it's by phone, then you can get them to stop. They certainly shouldn't be harrassing you (which it sounds like they are).

If you want some real help here, try posting up an SOA and start going through your next moves logically. You don't have to deal with this all by yourself. You say that you are making token payments, is this an informal arrangement?

lvm

If they take you to court then the court would only ask you to pay an amount you can afford.

Is it only this one debt which is now hassling you? What is the amount and how much are you paying?

Is definitely is worth doing a Statement of Affairs (SOA) and we can see if there are any areas you are overspending in or where you could make cut backs in order to pay more to your creditors.

There are lots of solutions and lots of people on here can help.

Please try not to worry too much about this - the DCA's main aim is to get as much money from you as possible, they don't care how or what they say to get it. It's not personal.

Good luck x

bottleofred

Hi isadore,

Debt collectors threaten, bully and harass people with just about anything up to the point of death, but usually do very little. Yes, they can take you to court, but it depends on how much money you owed whether or not they will. You should continue to make token payments and remember, no matter what they say, they can't get blood out of a stone. You should definately post your statement of affairs http://www.makesenseofcards.com/soacalc.html
I've also put a letter below about only being contacted in writing. Send it to them and if they continue to call don't go through the security check with them and hang up the phone.

Good luck

Red
Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

i_dread_the_postman

Further to my first post re husband not coping with his money probs due to depression and harassing calls from T Mobile, then Capquest, I thought I had got them all off my back only to get home from wk tonight to call from Westcott!! Alarm bells ringing thanks to everying I have read on forums. Phoned right back said he hadnt lived here since 2007, wasnt on electoral roll or council tax for my address and that my solicitor had instructed me to tell them that these calls were harassing and to stop. I AM SO ANGRY:mad::mad::mad::mad: I FEEL LIKE PUNCHING THE WALLS:mad::mad::mad:I have really had enough of this guy (husband) and his debts. My nights are spent reading about debt. I now want to divorce, have finally got legal advice (free through my Halifax house insurance good tip), they were lovely. I am worried sick that OHs creditors will try to get my ex-Council flat which OH paid mortgage on for 10 yrs (approx. £15,000) but is in my name as it was my flat first and was awarded to me on medical grounds. I have now taken over paying the mortgage. Apparently I can get a straight divorce as we have been apart for so long, but unless I get him to sign an order saying he has no interest in the property creditors can come after me even after divorce finalised. Cant get legal aid as little bit savings but on IB and DLA myself following yrs of depression. Now doing voluntary work and back on track. All I want to do is to keep a roof over my head, whole property worth approx. £140,000, wd not be able to downsize anywhere here and have nowhere else to go. Have posted Notice of Disassociation on Experian with OH, waiting to do so with Equifax and Callcredit.
OH has gone to ground since October last year (pattern when he is low and not coping) only to send a bunch of roses on Valentines Day, dont know where he got the dosh from, well the roses have died and I am still getting harassed. I didnt sign up for this.
If he got solicitors' letters re divorce, he would only let them pile up unopened and I am trying to keep things amicable - I was on Housing Benefit when we got together and never wanted to buy the flat but he put so much pressure on me that it was a gd investment and that "he wd always look after me and pay the mortgage". I know he is not well but I have suffered very bad mental health for most of my adult life and have never been in debt, my mortgage is my biggest and only debt and I have never compromised others by my actions. I worry for my own mental health, when T Mobile started to harass me on the half hour I stayed in bed for 4 days not looking after myself. I have had enough and just want to live the rest of my life without his debts hanging over me.

barbiedoll

If your husband's debts are in his name only and the flat is in your name, I don't think that any DCA will be able to make you homeless. If you get any hassle from debt collectors for debts that are not yours, you should do as your solicitor says and send them a letter (by recorded delivery, keeping a copy) stating that he doesn't live there, hasn't done so since 2007 and that you are not together and haven't been for years. Tell them that you have taken legal advice and that any further contact will be deemed as harassment and that you will be making a formal complaint to the relevant authorities. Use the template provided by bottleofred, just amend it to suit.

Have you thought about changing your telephone number? I know it is a hassle, contacting everyone to inform them but it may give you some peace of mind at the moment.

Any letters that you receive from DCA's to your husband, should be returned as "no longer at this address"
And don't call any DCA's, you will only end up more stressed, you know what they are like. Keep all communication in writing only.

i_dread_the_postman

Thank you for taking the trouble to post barbiedoll.
Legal advice is that husband has an interest in the property as (a) he lived here for 7 yrs. and (b) paid mortgage for 10 yrs. so it is considered one of his assets.
Gd. advice not to call DCA's it is really very stressful. Will take yr. advice about keeping all communication in writing.
Does anyone have any experience of or know anything about divorces where OH signs Order stating no interest in property. Any replies gratefully received. LOL everyone out there who is going through similar thing, stay strong, this forum is a lifeline xxx

fatbelly

isadore wrote: »

I have many debts and am paying low amounts to each one, i have recently had a new dca threarening me and bullying me to the point I am on antidepressants. can the courts order me to pay more than i can afford, what if uther creditors have not taken me to court and i owe them far more money than the one who has.what would judge decide.

Explain how they are harassing you and what they are writing/saying.

They have to stay within OFT Debt Collection Guidance.

Postman - start your own thread or this one will get confusing.