What rights do you have to dictate how much you pay back?

Fajita_face

My mother is terminally ill and has been in a lot of debt in the past. She has been called today by her old mobile phone company (not sure if I am allowed to say their name) and told that she still owes £750 for a phone contract that she took out for a friend (unwise I know). Her friend has refused to pay and so it falls on her.

The women on the phone is dictating that she pay £80 a month which she simply cannot afford now that she is too sick to work.

She also said that if my mum does not call her back within 5 days she will put her number on to an automated calling system which will call her twice a day until she responds?!

What I need to know is can she dictate how much she pays back? She lives in rented accommodation and has no money to her name. The only possession she owns is a tv.

I could really do with some help or advice in how to approach this one as my mum really could do without the stress.

Thanks in advance.

ThumbRemote

They can't dictate anything. They can take her to court to try and get the money, or they can try and pass it to a debt collection agency.

In her case, I'd be tempted to write to the company stating that she is terminally ill (possibly include some form of medical proof), that she has no assets, and that harassing her is going to have no effect whatsoever.

You could keep the 'mobile company harassing terminally ill woman' report to a newspaper in reserve for if it doesn't stop.

Fajita_face

Unfortunately having told them that on the phone they just seem to want more and quicker.... Get what they can while they can which really is sickening me.

Thanks for your help though I will keep that in mind.

wealdroam

Fajita_face wrote: »

Unfortunately having told them that on the phone they just seem to want more and quicker.... Get what they can while they can which really is sickening me.

As ThumbRemote said... you need to write.

Poppie68

Are they calling on her landline or mobile? If it's a the landline i would be tempted to unplug it and inform everyone who needs to know of her number to be contacted on. If it;s her mobile could you not replace the sim with a PAYG? I would also take the !!!!!! who actually owes the money to small claims, don't let them get away with it.
If none of the above are suitable maybe record future calls, keep letters and pass on to your local MP..it's amazing what can happen when they get involved.

Fajita_face

Thanks this is all really helpful.

It's just me and mum and my sister and we are clueless as we are only 20ish. I would love to stop the "friend" from getting away with it but as mum is so ill I can't do with all the hassle, looking after her and working is stress enough as it is, I just want to get these people off of her back.

arcon5

Yes you can name the company.

Just send them a letter with your payment plan offer and enclose a cheque with the first payment. They will likely accept it - but ulimately doesn't matter what they do, you can get blood out of a stone. A court can mandate a payment plan.

bris

Have you came up with a counter offer? Put a counter offer to them in writing for as much as you can afford, they will need to see some sort of commitment to the debt or they will just keep on at your mum.

barbiedoll

It may be worth posting this over on the "Debt Free Wannabe" board. They have people there who will help you to write a letter asking the phone company to stop harassing your mum, and to conduct all correspondence in writing only. I pretty sure that legally, they have to comply with her wishes, I've sent such letters to credit card companies and the like and they do comply eventually.

As your mother is terminally ill, you may even be able to get the debt written off (don't quote me on this) or at least get the payments down to a very small amount. I can't see the phone company taking your mum to court, if she has no money and no possessions, it wouldn't be worth it for them.

Don't let this get you down, you clearly have enough on your plate at the moment. They can't have what she hasn't got and there are plenty of ways to deal with companies like this. Don't let your mother be browbeaten and don't be scared. They really can't do much, despite their nasty collection staff saying otherwise.

Fajita_face

barbiedoll wrote: »

It may be worth posting this over on the "Debt Free Wannabe" board. They have people there who will help you to write a letter asking the phone company to stop harassing your mum, and to conduct all correspondence in writing only. I pretty sure that legally, they have to comply with her wishes, I've sent such letters to credit card companies and the like and they do comply eventually.

As your mother is terminally ill, you may even be able to get the debt written off (don't quote me on this) or at least get the payments down to a very small amount. I can't see the phone company taking your mum to court, if she has no money and no possessions, it wouldn't be worth it for them.

Don't let this get you down, you clearly have enough on your plate at the moment. They can't have what she hasn't got and there are plenty of ways to deal with companies like this. Don't let your mother be browbeaten and don't be scared. They really can't do much, despite their nasty collection staff saying otherwise.

Thanks. She was given a year to live over 5 months ago and I just don't want debt collectors banging on doors or her worrying about it as they have even very forceful on the phone trying to get her to commit to payments out of her money that Macmillan are giving her to assist with her rent.

We have avoided counter offers because they are likely to be so small that they would reject them. I will definitely write and ask term to stop calling though.

I did write on the debt free wall but didn't really get any response so posted duplicates as was feeling desperate.

Truly appreciate your advice

barbiedoll

If they sell the debt on to a debt collection agency, you can send them a letter banning them from coming to the door.

Have a look at the National Debtline website, click on the country where you live (England?) and have a look at their "sample letters". You can adjust the letters to suit your situation and print them off to send to your mum's phone company.

http://www.nationaldebtline.co.uk/

If you can get a letter from a doctor or the hospital, confirming your mum's situation, I'm sure that you will be able to get the account put on hold. They will probably sell the debt on to debt collectors but we can help you to see them off, don't worry.

It's unusual for the DFW board to not reply to a request for help. Do keep checking on there, they are normally a very helpful and knowledgeable bunch!

Let us know if you need any more help, ok? Good luck.