pushy debt collectors

Lyndsay_21

right its a bit of a long one.
In 2001 my OH started college and took out a student loan and CC anyway being the fool he is he left college and wracked up a debt with barclays/barclaycard who the debt was with, (we're also already paying £20pcm for a long ago debt of his) anyway cos they do to loan and CC seperatly we're paying 2 companies one has accepted us paying £20 a month however the other is asking for £70pcm which we really can't afford, they say we can pay more and we're telling them we really cant afford it. OH is on a low income so before tax every month he earns £1,055 so after tax but with tax credits he brings home just under a grand our rent and council tax come up to £500 and we have to use the childrens tax credits to pay the bills so by the time we've paid everything we have about £7 left over each month, yet this company keep sending him letters saying he needs to pay more.
The last letter he got he rung up and explained we can only afford £20 but we could at a stretch pay £40 however they said they need £70, he replied that they'll have to take him to court then (and he was serious about it too)
We're going to continue paying them £20pcm but i am worried about baliffs coming round etc what are my rights about letting them in as we're in a council place and although we do it all above board and the council know he is here and we pay rent he isn't actually on the tenancy so do i have to let them in? i'm just worried.

chillipepper_3

If you have budgeted your income against outgoings and can only afford the £20 then stick with this. The best thing to do is to put this offer in writing and send it registered, keeping a copy for your own records. Try to get an email address and email the offer as well, again keeping your record of this.
If it ever went to court and it probably won't (it's costly and your willing to pay something already) then a judge will see that you have offered a repayment structure to the problem based on your income/outgoings and likely to enforce your original agreement as long as they agree with your financial status.
Don't answer the door to bailiffs and never let them into the property.
Once you do i think they have the right to enter the property again and again lawfully. But best to my knowledge they can not force themselves in.
If they are being pushy turn the phone off or change your number, instruct them you will only communicate in way of letter so that you have a record of everything that is said and try dealing with the branch or original source of the debt and not collecting agents etc.
NEVER tell them any further personal details, like work place etc if they don't already know that is. No matter what charges they say they will impose for searches(that's a trick)
I could be wrong with the above but it has proved good for me in dealing with Amex, who have tried to make my life hell due to 3 months missed payments ( I was self employed and lost business) I decided not to accept the fact that they have transferred responsibility to collectors having cancelled my account with no warning. I changed my phone and have just carried on paying my monthly bill via online banking for a year now, i was threatened with all sorts, abusive language, bailiffs, they wanted more money silly phone calls etc etc. This is why its best to deal in writing and you should always keep records of letters etc.

Don't worry about it too much, although i know its hard not to. Get some advice from your local CAB and I'm sure a few people will advise on here too.

Joe_Bloggs

I am not an expert so consider this post as support.
This is not a crown debt so they have no authority to enter your home. Do not let them enter your home. Insist all contact is done by letter as anything else is stressful and feels like harassment.
Make an appointment with your local Citizens Advice Bureaux and take your financial information and the debt collection letters with you. Perhaps they can broker a deal or advise you further.
J_B.

micheleen

I seem to recall from somewhere (maybe on here) that you should also make sure you don't sign any documents they produce if they do turn up on the doorstep. Even one they 'say' is just to confirm you won't let them in.

klare_2

hi there,
i really sympathise with you. I am currently with the CCCS and one of the best bits of advise they gave me was to write to everyone and tell them that you will no longer deal with them on the phone only in writing. Apparently they HAVE to abide by that. ALL our nasty fonecalls have stopped completely. We also told them we were keeping records of all correspondence and when i could afford it i sent the mail special ( not recorded) delivery, especially the letters telling them not to fone anymore as i found bizarely that a lot of them didnt seem to recieve the copies i sent regular mail and the calls continued!!???
Talk to one of the debt people that martin recomends they are wonderful and they are experts in this area let them take some of the pressure off of you. Anything like this is tressful to deal with and it seems daft not to use the support that is out there.
I know it will get better
klare

ffs

If you are concerned about answering unwanted calls you can now get CLI for free with BT. You can buy a Caller Line Identification box (if your phone doesn't show this already) for about £5 on eBay.

Lyndsay_21

thanks for all the advice it's not a problem them phoning its more the letters saying "we'll accept a payment of £40 this month but from now on its £70" and when we do ring up they wont budge on us paying any less

mancitychick

If you can only afford to pay them 20.00 pay that and stick to it. if you say you can only afford this and then say that maybe you can afford to double that (i.e. 40) but no more, they will keep pushing for more and more.

YOu should write to them and tell them what you can afford to pay and just keep paying that amount regardless of whether they say its not enough. Please try and be firm and stick with the figure you tell them, do not give them any indication that you can pay anymore.

Xbigman

For bailifs to become involved they would need to have a CCJ against you AND you would have had to have not paid the amount of the CCJ. If they have not gone to court yet then bailifs are not on their way.

You might have a debt collector call. These people have no power what so ever simply don't let them in and don't sign anything.
Regards


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