Debt making me very very depressed

bluebag

debtfree12000 wrote: »

Im going to be strong. Im just worried i will end up in court, guess it could be worse and i had buried my head in the sand for longer. Ive learned from this experience :-) xxxxx

They work on the basis the baby that shouts the loudest gets fed first. You are doing what you can, they can't have what you haven't got.


Flippin' cheek when you think they would be insolvent themselves if it wasn't for a £30 billion, yes billion taxpayer bailout.

debtfree12000

Hello all

Well got in from work today to an abundance of letters again mostly from hbos. Quoting the consumer credit act etc. I contacted stepchange again who really are brilliant. They told me that all my creditors have received and read my offer. Got a letter from halifax about my loan looks like a standard one though. I really hope this all calms down soon as as much as stepchange are goof the text messages, phone calls and letters are stressing me out big style ((

Stewart_78

It WILL calm down. Believe me. Personally, I didn't answer the phone for 6 months. Seriously, but that was just my way of dealing with it. Come to think of it I still don't answer the phone. Bonus.

You will get all these calls and stupid letters for a while and then all of a sudden it will stop. That is my experience any way. They are trying to scare you. Trying to get any pennies they can out of you. They will call and ask if you have your debit card handy to pay some £5 fee. It's desperate. Stay strong. Know what you have to pay them and stick to it. If it's £1 a month or £100 a month, that's that. Too bad suckers.

If they take you to court, what will happen. They will rock up demanding instant cash. You will explain to the judge that you are of limited means at the moment, have contacted Stepchange to take responsibility and control of your debts and hope to pay them back as soon as you are reasonably able while maintaining a reasonable standard of living. You have made a sensible offer of what you can afford and there is simply no more to give.

None of the above will happen but if it did, what would the judge say? Put you in jail at the expense of the tax payer? Give you a big fine which you can't pay? Order you to pay money you don't have and cannot get? Think about it. He would tell them to stop wasting the court's time which is why they won't put themselves in that position in the first place.

Hang in there. I'm 3 years into my DMP and the first 6 months were bad but only because I actually read the letters they sent me.

Stepchange is your agent now. Deal through them. Give your creditors their details and your case / account number, say 'thank you' and hang up. Simple as. They will soon get bored and try to terrify some other poor blighter instead.

debtfree12000

Thanks for the response Stewart. Its funny because I explained to hbos that what stepchange are offering is all I can afford. They have piled on charged to the card so its now well over its limit. I dont want to get into a conversation with them on the phone, but they asked me to pay £400 circa today?? I mean if i cannot afford the minimum payment how the hell can I afford that I said ... there was just this awkward silence on the phone??

fatbelly

As before, this is harassment. It comes under 'deceptive and unfair methods'


There is a template letter in this factsheet.


Factsheet | Harassment

Deceptive and unfair methods

What the guidance says: “Dealings with debtors and others are not to be deceitful and/or unfair.”

This includes:
•sending letters addressed to ‘the occupier’ or discussing the debt with someone without knowing if they are you;
•refusing to deal with an adviser acting on your behalf;
•inappropriately passing your details on to debt management companies, brokers or creditors;
•not accepting reasonable offers or passing on payments you make;
•trying to enforce the debt if you are in a debt payment scheme such as a debt relief order or an individual voluntary arrangement;
•refusing to freeze action or failing to investigate if you dispute the debt; or
•trying to take larger or more frequent payments than you have agreed from your account using a continuous payment authority.

Also, now:

Physical or psychological harassment

What the guidance says: “Putting undue pressure on debtors or third parties…is considered to be oppressive and an unfair or improper practice.”

This includes:
•contacting you too frequently or at unreasonable times;
•pressurising you to sell property or take out more debt;
•using more than one collection company at the same time or not telling you when your debt has been passed to another company;
•not passing on a history of your debt including any payment arrangement you have;
•pressuring you to pay in full or in large instalments you cannot afford over an unreasonably short time;
•not giving you a reasonable time to seek advice or put forward payment proposals;
•refusing a reasonable offer of payment from you or an adviser;
•making threatening gestures or statements;
•ignoring disputes about whether you owe the money;
•trying to embarrass you in public. For example, using social networking sites or leaving inappropriate phone messages. This could also include threatening to tell a third party such as a neighbour or your family about your debts; and
•continuing to pursue the debt where it is clear you might have mental health problems which mean you cannot deal with your debts at that time.

debtfree12000

Thanks for the response it really helps x

debtfree12000

Hello everyone :-)

Just want to say a big thank you.

This weeks been ok no contact at all from hbos .... First payment received by them and my other debts. Dobno whether its a good or bad thing not getting contact but it feels like a relief. Once again thank you for your advice and help xxxx

debtfree12000

Hello

Got in today to a letter from hbos saying a representative will be calling to my home!! Im freaked out now stepchange again have put my mind at ease i just dont want ppl calling to my home! :-(

jubilee14

Debtfree12000 i had similar letters from them phoned them tell them i was on DMP they told me not received Income and Expen from SC told to let them know. Told SC they told me had been sent this went on for quite a while on the Loan and they eventually defaulted and so froze remaining interest.

Sometimes it is the most irrating ones that you end up with the best results.

Dont worry about these call at your home another frightning tactic.

debtfree12000

Thanks so much for the reply hbos are just not acceptong my offer at all so hopefully things will die down soon