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Lying DLC

Hello,

I have a problem with DLC.

I bought a car from Yes a few years back, we couldn't really afford it but Yes pushed us and we got it. Low and behold 6 weeks later I get laid off work (only a temp) and the car gets taken back. Argued with Yes for a bit then they handed the debt to DLC.

They caught up with us before christmas, we asked for a copy of the credit agreement, which they sent within 2 days, so we went to the citizens advice for help.

They worked out our budget and found that we only had £1.90 a month left each month to pay them. DLC relucantly accepted and said they would send written confirmation of this. They didn't and yesterday the CAB phoned to say that DLC were complaining as we hadn't paid anything, as per the letters they sent to both of us and beacuse of this they were now demanding £5 a month.

They have lied, as neither us or the CAB have received anything from them. The CAB have phoned them today and explained but DLC have turned around and said tough and if they don't get their £5 today they'll take it to court.

We can only afford the £1 and I don't know what we can do.

Please can someone help me as if they can tell the CAB what to do, what can I do.

Thanks
«1

Comments

  • I would say that if you really can squeeze the budget to try and pay the £5 a month then do that. If you post your SOA then recommendations on savings can be made - this will keep DLC satisfied

    In terms of the court, if they do and you supply a SOA with your request then it is likely that the judge will order repayments at that level through a CCJ, so not the end of the world.

    It depends if you want to take that risk, I'd agree to the £5, but its whether you want to keep arguing
  • stapeley
    stapeley Posts: 2,315 Forumite
    Do not worry , a court would look at what you can afford , if it is £1.50 that what it,ll be . Courts are not scary places , as i found out at a devorce hearing ! Judges are very understanding . I doubt that they will go to court , just write again with your budjet and your offer . good luck
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    But the other side of the coin is the Op agrees to £5.00 a month, then in x months DLC think hey ewe like this we pushed for more money or court action, the person pays up lets godown this route again.

    A very siple thought - but - if DLC have said tey have posted ask for proof of posting or signed acceptance, as thats the 1st thing that should be asked, .no proof of delievery. no proof itsbeen sent!
    xx rip dad... we had our ups and downs but we’re always be family xx
  • hi
    this sounds awful for you,personally i would check that you have proof of phone calls from cab,who with at dlc time date etc,and that a amount was aggreed.if it all goes to court at least you have proof that you have tried to sort it out(a bit more favourable in the court). as for what to do ???
    sorry if im stateing the obvious but it would help to argue with dlc if you have all this info.
    hope you sort it out
  • TAG
    TAG Posts: 2,823 Forumite
    If the CAB have worked out that all you can afford to pay is the £1 then just pay that. Don't be tempted to try and pay more unless your financial situation changes for the better.

    Should this company decide to take you to court then don't worry. As long as you show that you are seeking help from the CAB then a judge is hardly likley to order you to pay more than you can afford.

    In the past my ex and I had a few CCJ's that were payable at £1 a month.

    If you haven't got it they can't have it.

    I would send the £1 payment, keep or request a receipt. That way you have paid what was offered and accepted by them.
  • cmaj31
    cmaj31 Posts: 49 Forumite
    Thanks everyone,

    The CAB have got proof of everything thats been said between them, so I think I will pay the £1 and see what happens, if they do threaten court action then I'll remind them of this and the proof of posting.
  • dubsey
    dubsey Posts: 357 Forumite
    I agree with the other replies, if you agree to £5 now, they will call back in a couple of months to ask if you could just pay £7, then they will call again and move the goalposts again. I know from experience many years ago, they did exactly that. In the end they were asking for £30 that I just couldn't pay. They took it to court and the the CCJ was for the original £5 a month I'd paid.

    Don't wait to be told, send them the £1 you can afford anyway, so at least if it does go to court they can see it's not that you were unwilling to pay.
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    Sorry me again - also keep paying you £1, but make sure you have proof ie if its over a bank counter make sure the bank staff stamp the counter foil, post get proof of posting or ideally recorded delievery

    Make sure you keep sending the £1.00 regardless ofwhat they ask for, that wayif it goes to court you have been seen to keep to your part od the agreement x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • cmaj31
    cmaj31 Posts: 49 Forumite
    Update.

    I have paid my £1 yesterday. I also received another letter from them saying that I have broken the agreement and that I should phone them immediatley or they will send an 'agent' to my house.
    I have written a 3 page letter to them explaining why I'll only be paying the £1 as agreed and that I am fully aware of the tactics that they use and what mine and their rights and powers are.
    I'm sending it tomorrow (recorded delivery) and I'll see what they've got to say.
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    cmaj31 wrote: »
    Update.

    I have paid my £1 yesterday. I also received another letter from them saying that I have broken the agreement and that I should phone them immediatley or they will send an 'agent' to my house.
    I have written a 3 page letter to them explaining why I'll only be paying the £1 as agreed and that I am fully aware of the tactics that they use and what mine and their rights and powers are.
    I'm sending it tomorrow (recorded delivery) and I'll see what they've got to say.

    Well done, they expect people to roll over and agree to their demands, and your not (absloutley brilliant), keep it up x
    xx rip dad... we had our ups and downs but we’re always be family xx
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