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Any advice appreciated

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  • Emmel
    Emmel Posts: 127 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    I don't think you should rush to set up payment plans.  I would wait until they have sold the debt on.

    Have you built up some emergency savings? 
    Im sorry if this sounds like a stupid question, sold the debt on to who? The original credit seems to have sold it on? To the debt collection company?

    i have a couple of hundred saved, how much should i be looking to save? Will the not take me to court if i ignore the debt collection agency now its defaulted? I have wrong assumed you start to pay a nominal amount once defaulted
  • You need more than £200 emergency fund, what is the cost of a new fridge freezer? and sod's law 2 things will break at the same time.

    You need to be able to live without credit.

    The chance of your creditors taking you to court is very small plus they have to let you know in writing they are considering it so put that to the back of your mind.
    If you go down to the woods today you better not go alone.
  • Collection agencies will not take you to court for unsecured debt. I would aim for £1000 emergency fund. Anything else save for full and finals. 
    I’m a Forum Ambassador and I support the Forum Team on the Debt free Wannabe, Budgeting and Banking and Savings and Investment boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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  • lillypoo
    lillypoo Posts: 309 Forumite
    Fifth Anniversary 100 Posts Photogenic Name Dropper
    So just ignore letters and calls from westcot? They're managing the debt I have with m&s bank ...which has defaulted. 
  • sourcrates
    sourcrates Posts: 31,552 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    lillypoo said:
    So just ignore letters and calls from westcot? They're managing the debt I have with m&s bank ...which has defaulted. 
    They manage the debt, they don`t own it, so can in fact do nothing in regard to enforcement.

    They also have no legal rights to take money off you either, they can ask you to pay, but if you don`t, they will have to return the account to the original creditor.

    Only a debts legal owner can take legal action against you, and that doesn't happen in the vast majority of cases until an account has been sold on (that`s sold, not assigned) at least once, and you ignore the debt purchaser for a considerable amount of time.

    Just because a debt collector manages a debt for another company, that does not give them any extra legal rights, they have no more rights than you or I do, them asking you for payment is no different to me asking you for the same thing.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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