Gladstone’s solicitors & Newlyn Plc

[Kori]

Hello, I seriously need some HELP PLEASE!!

so recently I missed my court date, and as a consequence I owed Gladstone’s solicitors a debt of £500. They knew that I was a student and could not afford to pay the full amount, so Gladstone’s put me on a payment plan of £10 a month until the £500 has been fully paid. I gave them my card details over the phone and Gladstone’s said the first payment of £10 has been made putting my mind at peace.

yesterday.. I received a letter from a company called Newlyn plc and the letter was titled “debt collectors instructed’ stating that I owe Gladstone’s £600 now. I called Gladstone solicitors to ask why they have increased my amount to 600. They said it’s because I missed payments and ‘apparently’ Gladstone’s does not take automated payments from my bank account as I have to call them every time to make a payment. I was not told this at the time of payment, they did not send any letters to confirm this or even notify me and expect me to know how their company operates?? They don’t even mention it on their website that a debtor has to call to make payment. I am so frustrated that they are doing everything to get extra money out of me with fraud tactics knowing I have no income and I feel really harassed. I seriously don’t know what to do anymore at this point, any advice?*

[Amethyst]

It doesn't sound like Newlyns have been intructed as enforcement agents ( bailiffs) - does the letter mention a warrant / writ at all ?

If it does you will need to apply to court to suspend any warrant of control they have and set up affordable payments. This is form N245 and costs £50 unless eligible for fee remission, which you may be ( see Ex160 ). Once court set the payments you should set up a standing order to make the payments. Gladstones then can't take any further enforcement action unless you miss further payments.

N245 -https://www.gov.uk/government/public...on-of-an-order

EX160 https://www.gov.uk/government/public...-tribunal-fees

If Newlyn are just doing debt collection then you may be able to make a new payment arrangement direct and of course you can make a complaint to Gladstones about the lack of clarity over how you should go on to make the agreed payments - did they confirm the arrangement in writing to you at all ?

ploddertom knows more how Newlyns and Gladstone work than I.

[ploddertom]

If Newlyn are just acting as debt collectors then they can be ignored and you can deal with Gladstones direct. Best way as Amethyst has pointed out is to apply for a Variation Order cost £50ish or if applicable make a claim for Fee Remission. Form N245 is simple to fill in and has its own I&E. If granted then yes Gladstones can apply at a later date to make you increase payments but if nothing has changed they can find it hard, on the other hand if you have a downturn in finances you could apply to reduce it.

As long as you keep up with any terms listed they can then do nothing but smile sweetly. Payments must be made in clear funds so always best to possibly pay a week before it is due to ensure it filters through to your account. A word of caution though and this will depend on what the original debt was for, you are getting near the limit where Gladstones could instruct High Court Enforcement Officers so try and get in now to be on the safe side.