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lisa a | Are debt collecting companies allowed to demand whatever payments they please? |
I moved house beginning of year and informed a catalogue company I had moved. Apparently they still sent all payment slips to my old address and as I was so busy with new house, family, work and personal illness, hadn't realised that I had no correspondence from them for a while.
Now I have had a company demanding I pay them £60 a month for 3 months until debt cleared, they didn't even believe me when I told them that the company had been informed of my change of address.
I set up a direct debit for the amount but come the date they were taking the money they hadn't, so it was either leave the money in the bank or feed the kids? I have just cancelled the direct debit - 3 days after the due date.
Surely they are not allowed to leave you without any money in order to reclaim what was an admin error on the companys part? I offered several amounts but they refused.
I am going to seek some advice on this via the citizens advice bureau, but wondered if anyone had similar experiences.
Additional Details
Just to add when Insane mentions being without money because of a funeral, I am still paying for my mothers funeral hence having no spare cash. |
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barrie b
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many years ago , and i can tell you now without fear of contradiction that it is you who makes the offer , and debt collectors can not order you to pay so much a month etc .
you yourself make a stimulated offer of payment , as long as you keep to that payment , you can not even be took to court .
If the debt company threatens court action, and did try to get it in the court , if you have kept up your promise then the court will throw it out , but these people know that.
WHAT I ADVICE YOU TO DO , IS GO TO A SOLICITOR , GET HIM TO WRITE TO THE PEOPLE YOU OWE THE MONEY TO , EXPLAINING THE REASONS OF HOW THIS HAPPENED AND THAT YOU ARE WILLING TO PAY X AMOUNT OF MONEY PER MONTH OR WEEKLY , THE COMPANY WILL OBLIGE IN 99% OF THE TIME.
see you solicitor , do not worry about it, you will be o.k.
the citizens advice will tell you the same , so would a solicitor.
PLEASE DO NOT WORRY , AND DIGEST WHAT I HAVE TOLD YOU. |
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insane_mad_maniak
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if they hire a debt collection agency you will be charged hundreds for each time they come to the house, and charged each time they come and correspond with you.
you should phone up the company you owe money to and ask them if you can set up a payment plan, (and for got sake make up a sob story!) tell them somethink, like unforseen sircumstances have left you with less money then you had thought. like a illness you have to pay for or someones funeral, (usually works) lol. |
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pcilliterate
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Hello Lisa.
I am sorry it is long, but please read...
You owed money to a catalogue company so who is this other company demanding money from you?
If a company I didn't know suddenly demanded payment from me, the first thing I would do is demand proof of any such debt.
It is possible that this company bought the debt from the catalogue company but it is also possible that your name has flashed up on a credit file somwhere and some mickey mouse debt agency is trying to pull a fast one.
You could pay the debt to this company but then have a call from the catalogue company a month later stating that you still owe them the money. It does happen.
Before you pay a penny, you should demand to see proof that they are entitled to claim the debt. By this, they should have the signed (by you) credit agreement you made with the catalogue company and your full catalogue account statement. If they had really purchased the debt from the catalogue company, they should have this.
If they cannot provide you with it then there is nothing they can do, and you owe them nothing.
If a complete stranger knocked on your door and demanded money, you wouldn't oblige with no questions asked, so why treat this company any differently.
They say you owe them money. Ask them to prove it.
If they provide the proof, offer them an affordable monthly amount. It doesn't matter if they think it is unreasonable, it is what you can afford. Make that clear to them - your children come first.
If they refuse this, then tell them to take you to court. You say they wanted £60 for three months which puts the debt at under £200. There is no way they would bother taking you to court for an amount that small.
Another thing - only correspond with these people in writing because they can be quite nasty on the phone. They use bullying tactics to scare you into paying, knowing that anything they say isn't recorded (by you at least). Don't give them your number, and if you have, then write to them stating that all further correspondence will be in writing only or not at all.
If you need any assistance, email me (click on my picture, and select send email on the next screen).
Please, don't let them get to you.
All the best. |
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fanella
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offer them what you can afford they have to take it as long as your making a payment they can take no further action |
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Princess Leia
 |
I would close out that bank account and open a new one. ...And never let them harrass & intimidate you into giving them your bank account info ever again. I would tell them what payments you can afford to make and make sure that you don't miss any more payments. Send the payments by money order or personal check. They are the ones begging you for money. It's not like they can take away your car or house for a catalog debt. These companies use idle threats all the time, thats how they guilt people into paying them. |
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just trying to make a difference
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they can ask for whatever they want - it's down to you to negotiate with them to find a solution for you to repay the debts you owe at a pace you can afford. although they will be reluctant to negoiate they do know that they will get some money that way. You should offer them am amount which you can afford and start to pay it immediately -this will show them that you ARE actually willing to pay, but just cannot afford to pay more.
If you need any help negotiating or sorting out other debts etc then speak to someone from citizen's advice bureau, you can find one in your area on this page http://www.adviceguide.org.uk/ |
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1oui5e
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They can't make you pay any amount. But they will try it on. You just have to be really firm and say 'I can afford this much or you will have to take me to court'. They can't take you to court if you have made an offer of payment and they know it. Call them, and tell how it has to be. Good luck x |
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Crystal F
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Im in a similar situation as you and my lawyer told me just as long as you make some sort of payment every month to resolve the debt, whether its a dollar or ten dollars, they can't do anything to you. That is what im doin with one of my creditors. Im paying only ten dollars a month . |
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Krissy
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They can demand whatever they want for a payment, but you can pay them what you feel like paying them. If they accept your check/money order then they have accepted a payment. As long as you pay them something. NEVER set up a direct debit. This is not a good idea. You also need to remember that it is illegal for creditors to call you after 6pm m-f and they are not supposed to call you on Sundays at all. Throw this at them when and if they call you after hours. Good luck with this situation. |
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xXx Orange Breezer xXx
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They do have a code of conduct that they have to follow but first of all they will pressure you into paying a higher figure.......its better for them
If claim financial hardship and that you can not possible pay that amount to them, they should send you out a means form that you will have to list all your outgoings and incomings
They will work out from that what you can afford to sensibly pay them after your essentials bills are paid i.e, rent/ mortgage , gas, electric. blah blah and food bill
They will not see Sky tv, mobile phone, and things like that as essential |
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Ron S
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You need to read the small print.
Both now and before signing contracts.
If in doubt you should seek advice from a solicitor or the Citizens Advice |
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