catalogue debt going where?

tote_alley_stressed

Hi, just had my catalogue account handed over to "internal DCA" who have said that if I "up" the payments from £10 per month to £80 further proceedings will be stopped. If this wasn't acceptable then the catalogue can put me on a plan where I strech out the payments but are charged interest for the privilege?????? I told them this was impossible as every creditor is pro rata so I will now be issued with a default and a demand for full settlement or else !!!!!! the debt will be sold on again. Where now? :money:

fatbelly

Don't be pressurised into paying something you can't afford.

Remember your payments are in a sense voluntary as they are unlikely to have got a signed agreement from you and it is therefore an improperly executed agreement under the Consumer Credit Act, unenforceable in court.

If they default you and sell it on, it will be sold at a discount and the way is open for a 'full and final settlement' deal.

Taloola78

Dont agree to any payments you cant afford.
I know sometimes you want to just say yes because your fed up fielding off the calls, but stick to your guns and only pay them what you can.
They cannot take what you dont have, they can issue a default all they like but they cannot force you to make a final settlement if you dont have it. And no judge or court would either.
DCA's try every trick in the book but most of it is just hype, they only wish they had the power they lie about having.
Good Luck with it and be strong.

tote_alley_stressed

Hi, just come off the phone with catalogue who have told me that the debt is in the process of 'being sold on' unless I can make an agreement with them at a cost of 735.00 interest over the next 3 years. I owe about 1300 their way would increase it by over half again. Really feel down this morning and once again this default threat hangs over me and the possibility of being taken to court by DCA. Have heard real horror stories. Advice please

bank_of_slate

The court would take a very dim view of a company doing this seeing as you have been making regular payments already, even if they are lower than the company wants.
Speak to the CAB about your rights, write them down and when the catalogue phone you to harass you, quote this down the phone to them.
They are trying to scare you into paying, once they realise that you know specifically that they are not allowed to do this and you're not giving in it should ease
...Linda xx

tote_alley_stressed

Thanks Linda. Don't know why this particular debt has really got to me. I've not missed on pro rata payments since it was set up in September but this still isn't enough and then to want me to take a plan out for all that interest ...... what will DCA expect? Debt is an illness .....xxxxx

bank_of_slate

A plan will only benefit them in the end, because it'll mean you paying them over a longer period of time, are you dealing with your debts yourself or through CCCS/Payplan?
...Linda xx

tote_alley_stressed

Through CCCs although my counsellor wouldn't set me up on a DMP all the debt was pro rata and even though they're not happy, most have accepted for a period of 6 months. Have had a lot of trouble though with MBNA (lots of posts on this site). Sometimes think it would be better to go bankrupt ..... I'm on long term sick too. xxxx