Debt Collectors chasing debt since 2008

[Ratilio]

Re: Debt Collectors chasing debt since 2008

Please read my post carefully. You need to get an I&E sorted (link provided) and send it with the offer. Forget about the F&F for the moment. Get a repayment plan sorted at an affordable rate - they will accept £5 per week. Ensure interest and charges are frozen. Once you've started repaying, send the SAR as and when you can afford it. Identify unfair charges and question them - I can provide you with plenty of ammunition for a letter to get them removed, or reduced.

The NEDCAB site is very good. If you don't want to do it yourself, contact Payplan or StepChange who will help for free, but this would limit your ability to challenge charges etc...

If you complete the I&E, then we can worry about letters etc... later - I know NEDCAB supply template ones, but they may not be ideal for this situation, I'm not sure.

OK, now on the other hand, they did at one point say they would accept £533.09, but not in full and final settlement but wouldn't sell the debt on or come after it later, would that be the easiest solution, IF I can afford to pay the £533.09?

She can't affor £5 per week, possibly £5 per month.

[Ratilio]

Re: Debt Collectors chasing debt since 2008

As in the latest letter received this week they say:

We hope further action will be unnecessary and recommend you either contact us or make a full repayment of the outstanding balance by the 27th January 2013.

What should I write and say to put off their solicitors starting court action?
Seeing as I need to respond today/tomorrow?

[labman]

Re: Debt Collectors chasing debt since 2008

OK, now on the other hand, they did at one point say they would accept £533.09, but not in full and final settlement but wouldn't sell the debt on or come after it later, would that be the easiest solution, IF I can afford to pay the £533.09?

She can't affor £5 per week, possibly £5 per month.

Hi, the problem with these is that if they accept it in F&F, sometimes it works, no problems. Sometimes, they settle their interest and sell the remainder of the debt on, so you'd need a carefully worded letter to ensure this didn't happen. It may be a good solution, but do it properly is what I'm trying to say - cover your own back as far as is possible with any F&F. None is 100% watertight.

[Ratilio]

Re: Debt Collectors chasing debt since 2008

OK, no development, J is trying to obtain login to Experion , or whatever one she's registered with to check details, however last time she looked she said that details on showed it was owing to LloydsTSB and for the £1066. No further details.

The last correspondence I can find, and that doesn't mean to say there wasn't any, stated that she owed £686 ish (sorry, writing this from work and don't have details with me), so if the extra was bank charges, interest etc, should this be taken into account, or not?

I'm beginning to feel that the only way around this, as we've already offered £300 to clear debt, is to say I'll pay the £20 per month.
She really doesn't have a penny to spare. But I can't afford the £300 as well as £20 per month.

Considering the last letter was stating that they were going to inform their solicitors to commence legal proceedings, should I go back to them offering that I shall pay the £20 per month?

So questions are:

What should I write back immediately to stave off solicitor taking court action, does the solicitor now have to inform me and give 10/14 days or can they just go ahead?

How did debt go from £686 to £1066, if they are charges/interest can I get them removed or is it worth trying to find out what they are for and should Westcot tell me, bearing in mind Lloyds say they know nothing of debt?

Should J have been informed each time debt was sold on? Does it make any difference?

Should I just pay £20 to start with to keep them happy and to see that we do want to clear this up?

Or should I write back asking what the minimum they would take?
If they say that they wont mark it as Full and Final Settlement, but say they won't come after it or sell it on, would that mean just that, in which case why not mark it as F&F?

[labman]

Re: Debt Collectors chasing debt since 2008

Ritilio,

I really wish you would heed my advice. I do know what I'm talking about here, honestly. Only you can decide though the best way forward for you.

[Ratilio]

Re: Debt Collectors chasing debt since 2008

Labman,

I am heeding your advice and shall write to them offerring to pay £20 per month, however I am at the moment panicking due to the threat of the solicitors taking action soon.

The I&E has been done and provided to them some months ago, however it is slightly complex because, a) it is my son's partners debt (so his I&E shouldn't be taken into account, and b) he pays some of the bills and she pays others. So her income goes on paying for say, the council tax, the electricity and food.

Which pratically takes up all her income.

I'm just not sure the best thing to do NOW to stop their solicitors taking court action.!

[labman]

Re: Debt Collectors chasing debt since 2008

Labman,

I am heeding your advice and shall write to them offerring to pay £20 per month, however I am at the moment panicking due to the threat of the solicitors taking action soon.

The I&E has been done and provided to them some months ago, however it is slightly complex because, a) it is my son's partners debt (so his I&E shouldn't be taken into account, and b) he pays some of the bills and she pays others. So her income goes on paying for say, the council tax, the electricity and food.

Which pratically takes up all her income.

I'm just not sure the best thing to do NOW to stop their solicitors taking court action.!

What I&E was it? Was it the one provided by the solicitors? If so, they should never be completed. You need a full Common Financial Statement completed by a suitably licensed person (you have to be licensed to complete a CFS) and who will ensure the CFS reflects the individual circumstances. It is pointless submitting something which does not reflect the true situation.

[Ratilio]

Re: Debt Collectors chasing debt since 2008

What I&E was it? Was it the one provided by the solicitors? If so, they should never be completed. You need a full Common Financial Statement completed by a suitably licensed person (you have to be licensed to complete a CFS) and who will ensure the CFS reflects the individual circumstances. It is pointless submitting something which does not reflect the true situation.

No it wasn't supplied by the solicitors, it was one done on line by the National Debt Line.

I still don't know what to do to stave of the threat of Legal Action that is posed to take place on the 28th.

The letter states:
"As you have failed to repay the above debt, we have instructions to issue proceedings against you and on 28th January 2013 we will instruct Nelson Guest & Partners Solicitors to issue a claim in the Count Court."

[labman]

Re: Debt Collectors chasing debt since 2008

OK, remember this is NOT your debt, it is hers. In the eyes of a court it is her debt and she is responsible for paying it.

I trust the I&E is based solely on her income?

If so, offer the £5.00 per month if that is what it shows she can afford. If they refuse it, let them take her to court. The judge will only order her to repay what she can afford. Ensure the £5.00 is offered on condition that all charges and interest are frozen.

[FlamingParrot]

Re: Debt Collectors chasing debt since 2008

No it wasn't supplied by the solicitors, it was one done on line by the National Debt Line.

I still don't know what to do to stave of the threat of Legal Action that is posed to take place on the 28th.

The letter states:
"As you have failed to repay the above debt, we have instructions to issue proceedings against you and on 28th January 2013 we will instruct Nelson Guest & Partners Solicitors to issue a claim in the Count Court."

Nelson Guest & Partners are letterheads-for-rent for Wescot amongst others. I also got a few letters from them threatening legal action, nearly two years ago. I do realise every case is different, but I thought I'd share my experience with those threat monkeys. After Nelson Guest were allegedly about to start legal action they passed the account on to Regal and Scotcall at the end of 2011, I haven't heard a peep regarding this account for a year! This is my thread, it's on another forum where I started out --->http://www.consumeractiongroup.co.uk...&highlight=RBS

[labman]

Re: Debt Collectors chasing debt since 2008

Why do you think I said 'Let them take her to court!'

It is true that if it did go to court though, the judge would only order an affordable repayment. Do not get worried about the court side, let them do as they will. Stick to your guns and offer the £5 per month.

[FlamingParrot]

Re: Debt Collectors chasing debt since 2008

I'm half way through to SBd - they never took me to court and I never offered anything, otherwise it wouldn't be SBd in 2016! Not sure when the OP last paid but it there's been no payments since 2008 any repayment offers at this stage would rest the clock!

[labman]

Re: Debt Collectors chasing debt since 2008

Indeed it would, but the debt would be being repaid. Ultimately only the OP can decide whether they want to repay this debt or try to see it through until it is Statute Barred.

[FlamingParrot]

Re: Debt Collectors chasing debt since 2008

The main point here is when the last payment was made. The OP needs to be fully aware of the implications of starting repayments if none have been made in years, if last payment was in 2008 then the OP would be wasting nearly 5 years of SBd time by restarting payments at this late stage.

If it was me I'd wait for court action to make any offers of repayment, as noted above, a judge can't order someone to pay what they can't afford, there are many people with a CCJ who pay just £1/month. Of course if this went to court there would be the possibility of a Charging Order (or restriction) if the OP is a homeowner, something to take into account, but at the moment it's all threats and like I said, I also got numerous threat-o-grams from Nelson Guest Puppets but no court papers and no collection activity in a year.

[Kafka]

Re: Debt Collectors chasing debt since 2008

as I have already stated,I don't think you should offer a penny to Wescot until they have proved that they have a legitimate right to deal with you and until you have a clear agreement on settlement.

All DCAs threaten legal action, and we don't yet know if Wescot even have aright to be contacting you. they are just chancers.

If you really are concerned about the legal action they are threatening, write to them stating clearly that you acknowledge their letters and cannot respond until you have made enquiries.Any court would take it very seriously if they proceeded despite this.