I'm new here so please be gentle!

BipolarDisaster

I received a telephone call today from the debt management company used by Barclays.

I had / have an overdraft with Barclays of £2800 which was withdrawn and was asked to pay back. This was fine, I had an agreement with them to repay £50 a month. The bank cocked up some paperwork and it went to debt management and I was told it couldn't go back to the bank.

Anyway, today I am asked to pay the full amount. I cannot do this.

Then I was asked to pay half of this. I cannot do this either.

Then the woman (who was rude!) said she would accept £150 a month. I cannot do this either.

Then she said that I have until 8pm today to come to a payment proposal that they will accept otherwise legal action will be taken.

The thing is, I have treatment-resistant Bipolar 1 Disorder (depression / mania / psychosis / anxiety / panic ) and am unable to work.

I claim DLA (mid-rate care and low-rate mobility) because I am unable to be left alone (I'm a suicide / self harm risk). My husband is my full time carer and claims carer's allowance. We get income support to supplement our income and CTC and Child Benefit for one child and council tax benefit.

Our house is owed outright by my husband and my father-in-law (50 / 50) and we pay my FIL a sum of money each month to pay for the mortgage he took out on his house to pay for the half of our house. (confusing, I know!) We're not entitled to housing benefit to pay my FIL as there are rules about paying family for accommodation.

The overdraft in question was a student overdraft from when I was at unversity and the money was spent when I was extremely manic and ill. (I realise that probably makes no iota of a difference).

Anyway, I'm really panicking about what will happen next. I offered the debt management £50 a month but it was refused. What happens if they take the legal route?

Advice would be most welcome!

Many thanks,
Ana.

stapeley

HI,
First thing is to remember that the Bank have possiably sold the debt to this collection company at a very low amount !
Secondly , do not deal with this on the phone , only by letter. These people are trained to get blood out of a stone !

There will be others on here with more advice and no doubt better advice .
My advice would be to request a signed copy of the CC AGREEMENT and deeds of assignment . Template letters are available ,also Posts that will explain the process . best wishes

immoral_angeluk

Is the overdraft in your name only? If so the house won't be at risk if it isn't in your name. I would write up an SOA and send it together with a letter offering a repayment you can afford to them recorded delivery and make sure you keep a copy.
You can get SOA information here..
and the letter templates here...

mummytofour

Hi Hunni, well done for coming for advice. I think the fist thing is does your husband know about this problem? I ask because I understand it maybe very hard for you to handle this situation and the last thing anybody wants is you struggling because of these blood suckers.
Can I just ask hold long old is the debt? When was the last time you made any payment towards it?

At the end of the day you don't have the money so they can not have it!

BipolarDisaster

Thank you so much for your swift replies :-)

The overdraft was opened in 2000 and was last used in summer 2006.

The last payment I made towards it was September 2007, when I had an argeement with Barclays before they sent it to debt management.

My husband is aware of the problem. He is of the opinion though of why should his income of carer's allowance be included to work out a payment proposal as it isn't his debt.

The overdraft is in my name only and my name isn't on the deeds to the house.

Ana
xx

CCCS_Sarah

Hi Ana,

Well done for posting. Sounds like they are just using normal collections tactics here.

You need to ‘stick to your guns’ with this one. Don’t agree to anything that you can’t afford to pay. Do you have any other debts? If you do there are a number of ways that you may choose to deal with your current situation. As a general rule they all need to include a financial statement as the foundation from which to begin. Whist we cannot advise you fully on your financial situation via this forum we do have an online advice facility called Debt Remedy where you can complete a financial statement and be provided with advice on the best way to deal with your situation. If you click here the link will take you directly to Debt Remedy.

If this is the only debt that you have when you agree a payment it needs to based on your circumstances, so once you have paid all your priorities i.e. food, CT, Utilities etc the amount you have left use this to make an offer.

If the collections agency advises they will not accept a lower amount - make it anyway either by postal order, payment book or standing order.

When the collection agencies mention further action, legal action etc what they is mean is they could pursue for a County Court Judgment (CCJ all done through paperwork) and IFit did get to this stage it would be based on your SOA. So the amount is going to be an affordable amount anyway and there is no guarantee that they would go for it.

Hope this helps but your mind at ease. If you need any other information give me a shout

Sarah

Need_To_Sort_It

BipolarDisaster wrote: »

The thing is, I have treatment-resistant Bipolar 1 Disorder (depression / mania / psychosis / anxiety / panic ) and am unable to work.

I claim DLA (mid-rate care and low-rate mobility) because I am unable to be left alone (I'm a suicide / self harm risk). My husband is my full time carer and claims carer's allowance. We get income support to supplement our income and CTC and Child Benefit for one child and council tax benefit.

Hi welcome to the board.

I have bipolar disorder too, its a b****r isnt it?

You should be looking at getting your DLA reviewed for high care - do you have a CPN etc for written support. Being treatment resistant you are bound to be walking the floor boards at stupid oclock especially when in a manic phase and on the other side of the scale when depressed I can become nocturnal - hence day and night care needs. This can make a difference to your income.

The overdraft in question was a student overdraft from when I was at unversity and the money was spent when I was extremely manic and ill. (I realise that probably makes no iota of a difference).

It does make a difference if the bank knew you were bipolar? If they did, you could be deemed as unable to enter into a contract.

Other than that I cant be of much use sorry.

Are you are member of the Bipolar organisation by any chance? They have helplines for members who have good knowledge of bipolar and how it affects us if you need any info, give me shout, brilliant organisation and a brilliant source of understanding support

xxx

Rafiki_2

((((((((( BPD )))))))))

Sending you HUGE hugs.
I've seen what a Bipolar Manic episode or conversely a Depressive episode can do to upsetting the stability in ones life and the lives of those around you and my heart so utterly went out to you when I read the thread - one of those moments where I wish I was secretly a multi-millionaire and could step in and turn it all around for you. xx

However CCCS_Sarah has been a star, along with others, and stepped in promptly and the advice is superb! :j

Don't lose heart and don't let anyone batter you into impossible re-payments. :mad:

Be strong (it's within, somewhere )

The very best wishes!

Rafiki xx

Kevicho

BipolarDisaster wrote: »

Then she said that I have until 8pm today to come to a payment proposal that they will accept otherwise legal action will be taken.

Dont companies have to put this in writing and then give you a week or twos notice before they are allowed to take things further?

They are simply bully tactics, which you should request that they deal with you in writing (if anyone has the section of law she can quote this that would show these idiots she means business), that way everything is in black and white and you can deal with, without pressure.

The next step is to get your SOA together, post it on here, and we will see where we can make you savings.

best wishes

Kev

learning_to_drive

They cant have what you dont have in terms of money, so dont worry about that, just agree to pay them whatever you can afford per month, if they wont accept that, then its for them to deal with.

Make them deal with you only by letter, that way you have documented evidence of what you have agreed or not agreed.

BipolarDisaster

Thank you so much for all of the support and reassurance :-)

Last night when I called them back, I authorised my husband (as my carer and advocate) to talk to them.

They agreed not to take into account the household income as my husband argued that it wasn't his or our daughter's debt but solely mine.

So based on just my income, they agreed to either £40 or £50 a month. I have to call them today to let them know my decision.

I really cannot believe how rude they are on the phone!!

I got my overdraft 3 years before I was diagnosed as Bipolar so I was of a "sane" mind when I took it out (or so they'd argue! I've been bipolar for over 10 yrs without it being recognised)

I was told by my CPN that it would be virtually impossible to be awarded high-rate care for DLA because the panel aren't very mental-health savvy and wouldn't see my needs as important as someone who needs high-rate care for a physical disability. Something to do with mental health being hard to prove!

Anyway, many thanks again. I'm going to decide whether or not to accept their proposal because I have other debts from being manic. I've managed to pay off some of them, I just have a few remaining.

Ana
xx