Spent this afternoon hiding from debt collector at door...

VitaK

If you are in a position to pay a small monthly amount, then that is an excellent way to diffuse the situation. If you do, dont miss any payments.

HappyMJ

VitaK wrote: »

If you are in a position to pay a small monthly amount, then that is an excellent way to diffuse the situation. If you do, dont miss any payments.

Why? The original creditor has the money. Lowell has purchased these debts from the original creditor for pennies in the pound. Whatever is paid to Lowell is profit in Lowell's pocket. The original creditor does not get any more money. Lowell will not take the debtor to court and the orginal creditor has written the debt off and will not take the debtor to court. All that is needed is to wait out the 2 years and the debt is gone.

You have probably figured out I detest DCA's. They are just money grabbing thieves that use intimidation to get money which isn't owed.

RobertoMoir

Debt Collectors are not the same thing as bailiffs.
Debt collectors have no powers or rights when they call on you. Tell them to go away and otherwise ignore them, then report them for harassment if they continue.

Bailiffs would be more of a problem, but even they have restrictions on what is and is not reasonable behaviour.

ILW

Why not just speak to them? May not have been anything to do with the debt at all.

Talking costs nothing.

HappyMJ

ILW wrote: »

Why not just speak to them? May not have been anything to do with the debt at all.

Talking costs nothing.

Nobody should ever talk with a creditor. Everything should be done in writing. Talking with a creditor can involve the creditor (DCA) tricking you into thinking the only way out is to pay when it isn't.

iolanthe07

If they take out a County Court judgement against you the debt will not become statute barred. Why not offer them at least something each month? After all, you did borrow the money back in 2008 - it wasn't a gift!

ladyasmo

Hi, no that is really helpful.

I'm still not sure what to do. I already feel apprehensive about going home tonight, and I am already panicking about next wednesday in case he comes again!

I don't mind so much setting up a payment plan - but not for the £800 they quote! I would be happy to pay off £450 perhaps at £10 a month, but I'm guessing they wont accept a reduced payment unless it was for a final payoff.

Stupid girl, when will i learn, I swan around with my head in the sand and now its come back to bite me. If i had just paid the £10 a month in the beginning I probably would have paid it all off by now STUPID GIRL!!!

HappyMJ

iolanthe07 wrote: »

If they take out a County Court judgement against you the debt will not become statute barred. Why not offer them at least something each month? After all, you did borrow the money back in 2008 - it wasn't a gift!

I will bet 100% they will not take out a county court judgement. They just won't do that for such a small unenforceable debt. They rely only on intimidation.

The money has been borrowed and repaid to the original creditor but the interest and charges has made the debt what it is today.

As below the OP agrees with £450 but not what they are asking for at £800. It's all a scam. The only way they can attempt to enforce it is to go to court and the OP can go to court and defend it and the whole lot will be thrown out and no CCJ will happen. You cannot ask the court for double the amount in the hope the court agrees with half.

ladyasmo wrote: »

Hi, no that is really helpful.

I'm still not sure what to do. I already feel apprehensive about going home tonight, and I am already panicking about next wednesday in case he comes again!

I don't mind so much setting up a payment plan - but not for the £800 they quote! I would be happy to pay off £450 perhaps at £10 a month, but I'm guessing they wont accept a reduced payment unless it was for a final payoff.

Stupid girl, when will i learn, I swan around with my head in the sand and now its come back to bite me. If i had just paid the £10 a month in the beginning I probably would have paid it all off by now STUPID GIRL!!!

You have no money. You have posted your SOA on here earlier and there just isn't £10 a month in your SOA to be able to make token payments.....and do your really want to make those payments for 80 months at £10 a month. It will take 7 years to clear the debt and they will still add more charges onto the debt to make it last even longer. They have already added £350 of charges that you do not agree with what will stop them adding more.

They just won't accept £10 as the processing of that payment and the long term management of the debt will not be worth it for them. They want profit now not spread over 7 years.

The best you can hope for is to offer 20% as a full and final settlement as suggested earlier.

You are not stupid....please don't think you are. Many people take out credit in the hope they can pay it back on time but all you have done is failed to address the issue early. You have now waited 4 years you may as well wait 2 more rather than having hassle for the next 7 years to increase your repayments every few months.

Even in the unlikely occurance they do get a CCJ then you have 28 days in which to clear it. They will not get a CCJ. If you can't clear it in 28 days then the court will tell you what to pay.

ladyasmo

Oh okay so if they issue me with a ccj i can pay it off within 28 days and it wont show as a ccj on my credit file???

I know i obviously have a default but i defo dont want a ccj!

Just ordered my credit report online, should be available by 3.30, im so anxious about seeing it! This is called facing your fears!!

HappyMJ

ladyasmo wrote: »

Oh okay so if they issue me with a ccj i can pay it off within 28 days and it wont show as a ccj on my credit file???

I know i obviously have a default but i defo dont want a ccj!

Just ordered my credit report online, should be available by 3.30, im so anxious about seeing it! This is called facing your fears!!

That's correct. If they go for a CCJ you can defend it by asking for credit agreements and statements before the case. If the judge agrees with the creditor (who has already sold the debt on so this is why I think it is unlikely to ever happen---and it's been 4 years) then you have 28 days to pay.