Can someone please help me, I'm scared.

a87

Hi, I'm a 20 year old student and last month I recieved a phonecall from the debt collectors Buchanan Clark and Wells saying that I owed a photography company nearly £300. I had a direct debit set up with this photo company but in December 06, I was advised by Natwest to cancel this direct debit (in fact, that did it automatically) because they were taking money out of my account not on the agreed dates and this was causing me severe bank charges as I didn't have the money in my account when the photo company was taking it out.

I wrote to the photo company and sent it recorded delivery so I had proof that I sent them a letter. I asked them to write to me at my new address as I had moved from when I had had my photos taken so there was a chance that if they sent previous correspondance, I would not get it. I said that I was willing to pay the rest of the money but I needed to arrange another direct debit with them.

I never heard anything from the photo company.

I then get this phone call from BC+W demanding this money and I said I refuse to pay it because I tried to sort this out moths ago. I was not in the best of moods either, they phoned me on the morning of one of my final exams at uni. I don't haer anything form them until last week where they have been phoning me constantly and texting me. I'm not picking up as I don't know what to say to them, I don't have the money to pay.

My father decided to take it into his hands today and got the response that "you people are all the same" and "legal action will be taken". I'm scared because I tried to resolve this months ago and now I'm being given demands to pay the moeny in full when I was ignored for 6 months. I'm scared what BC+W will do, send baillifs or something. When I typed their name into Google, it appears that they are a nasty company to deal with who use intimidation and threats to get what they want. My father wants to get the police involved but I dont want to have to go to court....can someone please give me some advice?

Thank you

a87

moonlightpjs

Hi there, first of all don't worry, the baliffs cannot come if the company hasn;t taken you to court, you been issued with a CCJ and then not paying. Unfortunatly these DCA's are very nasty people who have nothing better to do than threaten people.

I would write to the DCA - (send by recorded delivery) offering to make a token payment each month, whatever you can afford even if it is only £1 per month. In all honesty they cannot refuse this payment as you are offering to clear the debt though they may write and issue more threats,. Just scare tactics and bullies!!!! Include your first payment with your letter.

have a look at this website that will give you template letters to send:-
http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

there is also a letter there asking for all further contact to be made in writing, I'm not sure where it is but if you have a look round you will find it. It may be also worth your while contacting the above (its a freephone number and asking their advice)

Please don;t worry and don't be pushed/bullied into making a payment you cannot afford.

HTH a little and good luck

saffronflowers

Hi dont panic at all - I will pm you my phone number as I am so busy to keep checking threads at the moment and if you can call me tomorrow after 9.00 am I will talk you through this.

Others on here can vouch for me.

SFx

a87

Thank you to both of you

a87

moonlightpjs

You're more than welcome xx

a87

Weller 711,

Thank you for your advice and support, it really was very kind of you getting back to me, I've been so worried and the fact that I failed my year at uni because of this makes it all the more harder to deal with, so thank you for being supportive

I will do what you say, offer them around £10 a month i think to pay the debt off, but in the mean time, shall I still ignore their calls? <+My father wants me to because he wants to deal with it, he thinks that they will bully me into something (and he's right, i'm not a very strong person) wheras he has experience with debt collectors so knoes how to handle them.

And would I get taken to court? If I don'ty write to them in the next week or so?

Thank you for your info about the bailifs, that has put my mind at rest!

xxx:A

saffronflowers

TBH - I think that you will be able to walk away with this with BCW hanging there tails between their legs, - as far as court goes they can have a go but I suspect that they maw well get a right drobbing off the judge!

SFx

moonlightpjs

Hi
Yes, I'd ignore their phone calls, like I said make them an offer in writing, enclose your first payment (if you can) and send it by recorded delivery. State in the letter that you want all further communication to be made in writing, they are legally bound to do this if you ask for this. If they continue to harass you by phone you can report them to Tading Standards etc. Your Dad is right- they will try and bully you into agreeing to a payment that you cannot afford, its good that he is helping you.

I would say it very, very unlikely they would take you to court, the worst that they can do is apply for a CCJ, but like I said they won't take you to court as long as you stick to making your payments. If they did, (very, very unlikely) take you to court to apply for a CCJ against you, a Judge would look at the circumstances, agree that you are making a payment that you can afford and probably throw it out, hence no CCJ. Taking you to court is a long way down the line - if anywhere - I have been dealing with DCA's for over two years now and they haven't carried their threats out, DCA's are just bullies and will use any scare tactics to get you to pay more - don't give in, stick to your guns and your payments and there is very little they can do, if anything.

Stella66

Just send them Sipho's letter. It's here: http://forums.moneysavingexpert.com/showthread.html?t=504868

a87

Grrr this is so annoying :mad: :mad: :mad: :mad:

It's 11:55 and they have already phoned me twice today, what is their god damn problem.

jo1972

Can they not be done for harrassment, 2 phone calls and it's not even lunchtime is out of order, does anyone know about this?