Daniels Silverman Debt Recovery Letter

k_moor25

Today I have recieved a letter from Daniels Silverman telling me they will not accept my offer of £5.00 a month and will no proceed with court proceedings. Now What Happens as I can only afford this much a month.
I did not know they could refuse money from me, as im still giving money.

fermi

Keep paying what you can afford.

If they do go to court, then fill in the court forms offering that with evidence that it's all you can afford.

If you get court forms, then make sure that you return them by recorded signed for delivery (or preferably special delivery). If you don't then the creditors often pretend they haven't received them, and don't pass on your offer to the court.

fermi

Sample letter B in this link may also be of some use.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=review_pack_for_people_who_have_no_available_income_to_pay_creditors

vax2002

You send a recorded delivery letter showing disappointment at there rejection to accept your offer of payment (outline the offer clearly) You state you will give them 7 days to re-consider the offer and recind the refusal to accept or you will allocate the funds offered to another creditor
You then put this in with evidence if they do the unlikely and actually take you to court.
CCJ circuit Judges are very renowned for refusing CCJ's were the defendant has refused an offer of payment as it is a basic principle of English Law that you can not sue for what you have refused.
You would need to have detailed accounts to show that the offer was reasonable and a copy of these accounts would have to be given to those suing you with the defence evidence.
I would be very surprised if the "legal expert " from the debt collectors would chance it in court against such evidence.
Often they issue them as a bluff and get official looking people to take you in to a public side room at the court and make an agreement and try to add on the court fees, but dont fall for that, if they summons you to court, GO TO COURT and sit with the judge, you will get favourable terms on payments even if they win and the CCJ is not registered if you make a payment plan with the judge.

k_moor25

whats the point going to court if I dont have the monet to give

fermi

vax2002 wrote: »

CCJ circuit Judges are very renowned for refusing CCJ's were the defendant has refused an offer of payment as it is a basic principle of English Law that you can not sue for what you have refused.

Evidence of this?

Not the way it normally works unless there have been some gross breach of CPR pre-action protocols.

vax2002 wrote: »

GO TO COURT and sit with the judge, you will get favourable terms on payments even if they win and the CCJ is not registered if you make a payment plan with the judge.

Initial determinations are usually made without a hearing.

If the court/judge agrees a payments rate, then the CCJ is still registered regardless.

k_moor25

They said bailiffs will call at my house but I live with my parents in a council house and we have a law over here that they cant touch us

fermi

k_moor25 wrote: »

whats the point going to court if I dont have the monet to give

Not a lot most of the time. Doesn't always stop them though.

Plus they may think you have property that can be secured against? Assets that might realised?

They may think you are not being honest with them on what you van pay, and a CCJ would allow them to questions that under oath?

I wouldn't worry unnecessarily though.

If you are straight with them then there is nothing realistic even a CCJ can do, and if they realise that they will back down if they have any common sense.

vax2002

For information:
Can you be more specific including dates what debt they are collecting ?
When did you take it out
When did you default (stop paying)

vax2002

The dates ?

k_moor25

I used Belmont thornton last year to claim ppi on a credit card. I was informed I would get £2500 but because my credit card was on a DMP they could not credit this. Now Belmont thornton are wanting about £450 of me and I dont have the money to pay them