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Debt Collectors

Hi

Got a phone call off Triton debt recovery tonight, I'm behind with payments on a Mint credit card (along with a few others). Total debt is £3800 and they asked for payment in full ......I said if I was struggling with the normal payments of £75 then how could I pay in full! Asked them if we could agree a plan (all the other credit card companies have agreed to this). They said they'd be looking for the debt to be cleared @ £600 per month......what a joke:rotfl:

When I told them that was impossible because I have nowhere near that sort of spare income they simply said it would be passed to solicitors for legal action in the morning. Nice to see there are some caring companies out there eh?

What's the worst case scenario once solicitors are involved, anybody know? What sort of payment will they demand?
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Comments

  • The only action they can take is to take you to court for a CCJ. You dont have to go to court, it is all done by paperwork. You fill in details of your income and expenditure and make an offer of payment. If they dont like your offer, they send it to the courts and the courts adjudicate on what they think is fair. They will look at your living costs as priority and also consider that you have other creditors to pay.

    Just because they have threatened legal action, doesnt mean they will follow through. What you need to do is work out how much you can pay them, and make the payments regardless of what they say to you.

    Are you a homeowner?
  • I am but can't get at any equity because of other debts / couple of CCJ's & lack of income (or are you talking about a charge on the house?). I've made offers of payment & had them accepted by most of the companies I'm in debt to. This one's just reared it's head after the struggle got a bit too much.

    Get this - I'm a mortgage adviser!! .......a bad career move to a firm of rogues caused my problems. Thankfully myself & a few colleagues managed to escape & I should be able to claw my way out of debt slowly.

    Cheers for replying so promptly.
  • The only reason I ask is because they may apply for a charging order - since you asked what was the worst that could happen - sounds like you know all about the courts anyway, sorry if I sounded patronising!

    Solicitors working for debt companies are ten a penny really. They are there to frighten people into paying more - they are hoping once people hear the words 'courts' 'solicitors' and 'bailiff' they will panic and borrow the money elsewhere, or prioritise that debt over others.

    The payment they demand is neither here nor there, the only figure that counts is what you can afford, in relation to your income, expenditure and other debts. Remember, you are not 'offering' what you can afford to pay, you're telling them what you can afford to pay. If they dont like it, ask them what they suggest - a magic wand? a money tree? You can have hours of fun with that, believe me :rotfl:
  • PayPeanuts wrote: »
    sorry if I sounded patronising!

    Not at all mate.....thanks for your help. Never been in the mire so deeply until now & this side of it's a bit new to me. Had plenty of snotty letters & phone calls from banks etc. down the years but always managed to catch up. This year's been a bit more serious though.
  • NeilQuinn wrote: »
    Not at all mate.....thanks for your help. Never been in the mire so deeply until now & this side of it's a bit new to me. Had plenty of snotty letters & phone calls from banks etc. down the years but always managed to catch up. This year's been a bit more serious though.


    Well good luck sorting it all out, there are worse places you could come for help...
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    NeilQuinn wrote: »
    What's the worst case scenario once solicitors are involved, anybody know? What sort of payment will they demand?

    Hi NQ - You are a long way from the scenario of Court Action, or even real Solicitor involvement. Debt Collection Agencies will always try to get more than you can afford, and will use all sorts of threats to do so.
    Even IF they took you to court, you would have the opportunity to present your Income/Expenditure to the Court, along with a sensible offer of payment, that you can afford.
    It is most unlikely that any Court would issue an order, forcing you to pay more than you can, genuinely, afford to pay. Triton would be just as bound by any payment order as you would be - even if it worked out at £20 per month. Triton know this, and are most unlikely to take you to court whilst you are trying to negociate a payment plan.
    I would suggest that you have a word with one of the Debt Counselling Charities, such as CAB, National Debtline or CCCS - there are links at the top of the page - whose advice is professional, impartial and free.

    Good luck and don't worry.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Thanks Rog (that's my dog's name by the way!) - heard today that it's common practice by Triton.
  • Currently I am in a similar situation apart from I rent so I can't be asked to secure on my property. Triton have been phoning me twice a day and I have been pretty much avoiding them. Also A&L and Lttlewoods, its all a complete mess. I have been temping but got laid off at xmas but there will be more work after new year.

    I am just trying to get to after new year and see what the agency offers me before I can sort out some kind a payplan but is there anyway to stop them ringing me?
  • I think you can request they contact you by letter only?

    hang I 'll do a search for the letter to send
    xx

    here it is


    http://forums.moneysavingexpert.com/showthread.html?t=617403&page=2&highlight=contact+creditors+letter+only

    its post 22

    xx
    Nevertheless she persisted.
  • Thanx for your help, I have been reading through the forums and it looks like Triton are very nasty with everyone so I am not panicking so much now. Just my credit file now that is gloomy could be worse, but I am trying to get my debts sorted before I apply for a mortgage. And trying to stop my OH paying them as they are my mistakes.
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