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paying back a debt after its been passed on

hi,

i had a capital one card and it got passed on to debitas.
the first women i spoke to made out i had to pay back the whole amount at once and was extremely rude i hung up on her.
the second guy i spoke to was quite rude as wel but he said over three months. and i got him to do it over 6 months.
im paying about 90 a month for 6 months to pay it off but idealy id rather do a tenner a month until january when my student loan comes through then pay it all off then.
someone told me that if i offered them £10 a month and they refuse it and take me to court the court wil be like well she offered you payment a month stil so theres nothing we can do.
is that right? because i dont want to ring them and tell them that and them to just be like 'no thats not right'

thanks :)
«1

Comments

  • bigstevex
    bigstevex Posts: 919 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Your on the right lines i think if you offer them money and they refuse.

    I'm not an expert though so wait for someone with more knowledge to reply,
  • BritBrat
    BritBrat Posts: 3,764 Forumite
    Your on the right lines i think if you offer them money and they refuse.

    I'm not an expert though so wait for someone with more knowledge to reply,

    I agree, but I am also no expert.

    Someone will be along soon with more knowledge than I have but you may like to visit this site as they may be able to help also.

    http://www.consumeractiongroup.co.uk/forum/
  • Very much doubt it would go as far as court, but if it did, the merits of your offer would depend on your disposable income. If you fritter all your money away each month on luxuries then £10 is not really a reasonable offer. As long as your offering as much as you can reasonably afford then they cant make you pay more than that.
  • It really depends

    If you can afford to pay the sums they want and just dont want too a judge isnt going to find in your favour

    If you cant afford to pay then you will just get a payment order passed by a judge
  • i just read on another debitas thread that they have to try to avoid courrt cases whenever possible and it said that if i made a one off payment to them then set up a standing order of however much a month then as they have some kind of payment going in they shouldnt reallyy go to court.

    i work part time and get about 4-500 a month but i have a loan where i pay 130 a month and then theres bills food and travel etc and it may not seem like a necessety but theres money needed for social occasions as well.
    id rather pay them £25 a month and then after xmas after ive worked more during the holidays and get my student loan ill just pay it off.

    does £25 seem like a reasonable amount?
  • jessica86 wrote: »
    i just read on another debitas thread that they have to try to avoid courrt cases whenever possible and it said that if i made a one off payment to them then set up a standing order of however much a month then as they have some kind of payment going in they shouldnt reallyy go to court.

    i work part time and get about 4-500 a month but i have a loan where i pay 130 a month and then theres bills food and travel etc and it may not seem like a necessety but theres money needed for social occasions as well.
    id rather pay them £25 a month and then after xmas after ive worked more during the holidays and get my student loan ill just pay it off.

    does £25 seem like a reasonable amount?


    So you earn 500 a month
    -130 loan

    thats 370 a month left

    How much do you spend on bills etc? how much on social etc?

    Without these figures its hard to say

    How much is the debt also? do you own a car? your own home? what luxuries do you have in your bills etc

    For example if your claiming 25 a month and have a full broadband, phone and digital tv package they will laugh
  • SPANIEL36
    SPANIEL36 Posts: 1,905 Forumite
    can i ask how much the balance is that you owe tem. my partner had a balance of 310.00 we spoke to a woman who arranged for him to pay 6.46 each week for 12 months ( yeah i know it adds up to more than 310.00) i was ringing up and making over payments on nearly every weeks payment and in my eyes were infront with the payments, so when one wa missed i thought it wqould be ok as we were infront. thats not the case as the agreement is not whats paid but making sure that the weekly bit is made.

    they are a horrible company to talk to, two people i spoke to the other day spoke to me like cr*p one girl ( thats how young she sounded) TOLD me that the letter i had received with the arangement on was a mistake and she knew best. I knew best too and put the phone down on her
  • i am currently having problems with debitas i found them rude and abrubt and as well as that keep gtting phone calls after phone calls and phone calls, by la they are not supposed to keep pestering you. if you cant afford 25 pound per month ofer them less and say that you can provide a financial statement . all you will need to do is write your income (you may need to provide a wage slip) write dow everything your money goes on ie electric gas rent shopping(food only try and go a litle higher) ndother debts you ay owe by law you are suppose to have enough money to live on. dont be bullied by them. if this doesnt wor citezens advice have a free finacial adviser who can talk through it with youand write letters etc for you. hope this helped.:cool:
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    Just a few things:

    Without knowing your full circumstances (i.e. income, essential expenses and full details of all your debts ) its a bit difficult to give proper advice.
    But it seems you have a least two debts... a loan and a CC?

    If (although its unlikely ) you were taken to court, a judge would expect you to treat all your creditors fairly i.e. if you can't afford to pay the full amount, then it would be expected to prorata the payments by the size of the debts (the bigger the debt the higher the repayment).

    Its unlikely a judge would consider your social spending as essential.

    Presumably your credit record is already trashed for the next 6 years so going to court for a CCJ wouldn't make much difference to you.
  • Socialising is not something to put on your financial statement, my outgoings are listed as (in this order)

    Water rates
    Gas
    Electricity
    Housekeeping
    Pet Food
    Clothing
    Newspapers
    Mobility Car
    Petrol
    School travel expenses
    TV License
    Telephone

    They all take priority (in my case) over any other debts & the debts get paid from whatever is left over. If you can prove that all you can AFFORD to pay is £10 then they will have to accept it usually for 6 months then it's reviewed, if nothing changes then it gets done for another 6 months, be sure to ask them to freeze the interest as I didn't for one of them at first & all of a sudden I was paying them less than the interest they were adding each month.
    Winnings :D
    01/12/07 Baileys Cocktail Shaker

    My other signature is in English.
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