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Hi, all
I'll cut to the chase: During the financial crisis of 2008 I racked up some credit card debt as I was a contractor at the time and that crisis pretty much killed off the majority of jobs in my particular field. Silly thing to do, I know, but whilst I was using it to pay bills and buy food etc, I always believed I'd get back into work and be able to clear it.
Ultimately, I missed payments, couldn't manage, had to take lower paid jobs to just survive and buried my head in the sand. A few years later my personal circumstances changed and for quite some time I was unable to work, due to family reasons, In fact I went through over 5 years of education to get a degree so I could career change to something that was more workable with my new responsibilities.
Whilst i was doing that, MBNA or Arrow, took me to court, I filled in expenditure forms and the court ordered I pay £14 per month, the balance was something like £4k at the time. I actually spoke to the debt collectors over the phone as I didn't receive the initial judgement, it simply never came through my letterbox and then they wrote to say I was in default of a court order. We cleared this up, I actually said I would pay £20 per month, instead of the £14 the court ordered, as I had unknowing accumulated arrears on the payments. I actually left that £20 standing order in place, I didn't seek to drop it back down after i cleared a few months arrears and I have paid this every single month for over 7 years, without being late or missing a payment. The balance is now about £2800.
Just over a year ago, the debt owner Arrow Guernsey, sold the debt to a new outfit, it would have been nice to have been offered the opportunity to buy it for the pennies in the pound they likely sold it for, but capitalism eh?
The current debt owner has had their solicitors write to me saying I have 14 days to reply with an income and expenditure form, with a view to increasing the payments.
I'm not contesting I owe them money, I used the card, I spent the money, I was unable to pay it back and the court ordered I pay £14 pcm, I pay £20, so I have almost paid back 50% extra than what the court ordered.
When this new outfit purchased this debt, surely they purchased the agreement too? I mean, I had to suffer through 6 years of a CCJ which made basic things like renting a home, getting broadband, phone and utilities (without prepay) a nightmare. My fault, I know. My circumstances have changed a bit since, but this is my only outstanding debt, I've been stuck in rubbish rented houses for over 10 years, my landlord is selling this one later in the year and I have just enough mortgage deposit to get a small basic home for my daughter and myself, so me having to pay the debt in full out of my savings or even have to pay extra just because they asked seems a little unfair to me. I'm happy to continue with my current payment, as per the court order and our agreement.
Can they just buy debts that are subject to court orders and then just ask for more money? What can they do if i don't reply, is this just a scare tactic to find out what I earn or is it actually a thing they can do? In my layman's mind I'm thinking "You buy the debt, the agreement is the agreement, it's part of the debt and that is final, I haven't missed a single payment since I actually found out what the court ordered and I have overpaid every single month since." but, I have no idea whether what i think is unfair, is legally unfair.
I'll cut to the chase: During the financial crisis of 2008 I racked up some credit card debt as I was a contractor at the time and that crisis pretty much killed off the majority of jobs in my particular field. Silly thing to do, I know, but whilst I was using it to pay bills and buy food etc, I always believed I'd get back into work and be able to clear it.
Ultimately, I missed payments, couldn't manage, had to take lower paid jobs to just survive and buried my head in the sand. A few years later my personal circumstances changed and for quite some time I was unable to work, due to family reasons, In fact I went through over 5 years of education to get a degree so I could career change to something that was more workable with my new responsibilities.
Whilst i was doing that, MBNA or Arrow, took me to court, I filled in expenditure forms and the court ordered I pay £14 per month, the balance was something like £4k at the time. I actually spoke to the debt collectors over the phone as I didn't receive the initial judgement, it simply never came through my letterbox and then they wrote to say I was in default of a court order. We cleared this up, I actually said I would pay £20 per month, instead of the £14 the court ordered, as I had unknowing accumulated arrears on the payments. I actually left that £20 standing order in place, I didn't seek to drop it back down after i cleared a few months arrears and I have paid this every single month for over 7 years, without being late or missing a payment. The balance is now about £2800.
Just over a year ago, the debt owner Arrow Guernsey, sold the debt to a new outfit, it would have been nice to have been offered the opportunity to buy it for the pennies in the pound they likely sold it for, but capitalism eh?
The current debt owner has had their solicitors write to me saying I have 14 days to reply with an income and expenditure form, with a view to increasing the payments.
I'm not contesting I owe them money, I used the card, I spent the money, I was unable to pay it back and the court ordered I pay £14 pcm, I pay £20, so I have almost paid back 50% extra than what the court ordered.
When this new outfit purchased this debt, surely they purchased the agreement too? I mean, I had to suffer through 6 years of a CCJ which made basic things like renting a home, getting broadband, phone and utilities (without prepay) a nightmare. My fault, I know. My circumstances have changed a bit since, but this is my only outstanding debt, I've been stuck in rubbish rented houses for over 10 years, my landlord is selling this one later in the year and I have just enough mortgage deposit to get a small basic home for my daughter and myself, so me having to pay the debt in full out of my savings or even have to pay extra just because they asked seems a little unfair to me. I'm happy to continue with my current payment, as per the court order and our agreement.
Can they just buy debts that are subject to court orders and then just ask for more money? What can they do if i don't reply, is this just a scare tactic to find out what I earn or is it actually a thing they can do? In my layman's mind I'm thinking "You buy the debt, the agreement is the agreement, it's part of the debt and that is final, I haven't missed a single payment since I actually found out what the court ordered and I have overpaid every single month since." but, I have no idea whether what i think is unfair, is legally unfair.
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