claimbankchargesback
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Yes, unfortunately they can take you to court. However, this is not a criminal court, and you don't even have to turn up if you don't want to.
Basically you end up with a CCJ, and the judge orders you to pay. It ruins your credit rating! You can put in a defence though with your incoming and outgoing money, and the judge will only order you to pay what you can afford, can be as small as £1 a week! So sometimes, although it ruins your credit, it can be a blessing, as you are ordered to pay less than what the credit card company would want you to pay.
It is better to try and make an arrangement with the company yourself though, and save your credit rating. Its not really worth companies taking you to court for small amounts of money, but they threaten it to try and get you to pay. I`m sure that you can come to a private repayment arrangement at a monthly fee you can afford. If you set this up though, its VITAL that you stick to it!
Go to the CAB and they should be able to help you to organise your finances and sort out arrangements with your lenders. |
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sandywhistleflip
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Yes they can, go and see a free citizens advisor they can help you and tell you the options. I am pretty sure there are places that write to the creditors and organise a repayment scheme and can even freeze the interest. |
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Marky
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Unfortunately they can.
If you owe them money and are breaking the terms of the contract that you signed to get the cards, they are well within their rights to take you to court.
You should speak to them and see if you can pay off a slightly larger amount to stop the action. |
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wizjp
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They can and they do. Can obtain judgements for the full amounts and all costs; can file liens at county and in some states attach wages and even checkin accounts.
Get hold of a manager and explain the situation; set up a payment and stick with it.
Good luck |
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lisaj640
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Hi, yes in theory they can take you to court, BUT this is not necessarily a bad thing. No court in England will order you to pay back more than you can afford, and also if it does go through court, any interest being charged will be stopped. I would reply to your creditors pointing out all this , along with your monthly incomings/outgoings and also point out your other creditors have been happy to accept your offers. If you need templates I would go onto the national debtline website where they will give you more advice. Don't panic, they cannot get blood from a stone and they know this. Good luck! |
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Summer
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Yes, they can. It's sad to say but from the creditors' point of view, you owed the money, you pay. It's not for them to worry where you get the money.
This is a cruel world. Sometimes you don't even owe the money and they still call and harass you while they're looking for someone else that you never heard of at you number. I called the company to complain and they stopped for awhile and started all over again. A company that I've never done with business with HSBC even when I threatened to write to their president of the company. |
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jojo
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They don`t take people to court usually for a sum less than £2000. Go to moneysavingexpert.com there`s loads of advice on there from people who have been in debt. You can see a debt advisor at citizens advise for free. they will negotiate with these companies for you, personally i think they will negotiate that you will pay far less than you have offered considering your income.
The worst that happens if it does go to court (and it`s only county court) is that you will offer to make repayments and the y will have to accept it. Don`t worry nothing ever turns out as bad as you think it will. Theses people are employed to threaten and bully you, they get bonuses for it! |
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Zoiieee Ahh
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yeah unfortunately they can !
The best i recommend is that you go to your local citizens advice beuro and they will be able to negotiate with these company's.
Good Luck ! |
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lucee
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If you are in the U.S., you need to immediately see a credit counselor. Look in the phone book and pick one. An initial visit will cost nothing but your time. If you don't like the counselor, either ask for another one or try another company.
As to taking you to court, yes they can, and sometimes do. Here's a link to just one of them:
http://www.ccofamerica.com/feature/offer5.php?OVRAW=debt%20reduction&OVKEY=debt%20reduction&OVMTC=standard&OVADID=640295021&OVKWID=2971169021 |
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AnOrdinaryGuy
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Dear Natasha,
I wish you hadn't quit your job! Holding on to it would have been a sign that you didn't intend to let your depression run your life.
A creditor can always threaten to sue you, it doesn't mean he will. It does help if you make regular payments to show good faith.
You might consider a consumer credit counselling service. Such services will take the info on your debts and income and try to work out deals with your creditors for you, and help you come up with a budget as well. Just be sure that you don't use one that will want to loan you money, and check with your state's attorney general's office to see if your state licenses credit counselling organizations. Many are not reputable. |
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fabbymummy
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yeah - get straight to citizens advice or money matters they are free and there to help you , they will contact all the people u owe money to and offer to pay them e.g £5 a month and they get the interest frozen on some debts so take all your paperwork to them and be prepared to be there for a good hour to get you on the right track - dont ignore this it wont go away it will just escalate - good luck |
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Mac
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Yes they can take you to court, but have a word with citizen's advice bureau as they may be able to persuade a monthly agreement, afterall no matter what a court decides you cannot pay what you don't have. Good luck! |
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Tefi
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Firstly, well done you, for facing this and handling it even though you are so ill. You are handling things the right way, they could take you to court if they wanted to, but would look pretty stupid as you have offered monthly payments and you are paying your creditors back. Having been in exactly the same situation as you, I can tell you the thing to do would be to visit your local Citizens Advice Bureau and take all your paperwork with you and let them help you. They know the law, and what the minimum payments you could make, which may buy you a little more money after creditors are paid off. They are non-judgemental and really helpful, explain everything to them and you won't be sorry you went to see them, they will put your mind at rest.
I can also recommend having some Cognitive Behaviour Therapy for your depression. I was dogged with severe depression for over 20 years, I had all kinds of treatments and therapies, all to no avail, but I had six sessions of CBT two years ago and have not been depressed since, it gave me control over my life again, your doctor should be able to refer you. I truly hope you get the debt situation sorted, and more than anything, that you make a full recovery from your depression, good luck, and God Bless. x |
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BunsOfSteel
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I've suffered depression. It's horrible but you have to pick yourself up, go and see a doctor and get a life. there is no need crying about it. |
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Gone fishin'
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Yes they will take you to court for the money and are trying to harass you into paying off the debt. Tell them what you can do and don't argue. If they say they are taking you to court tell them that this is your financial situation and you can do no better so they have to do what they have to do. If they do take you to court make sure you attend or they will judge against you automatically and you will have to pay to get the judgement lessened. Look for some credit couselling that is free in your city and go and get some advice and maybe consolidation. Good luck. |
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Munki nutz
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They can take a court judgement against you. You will receive a letter with their intent to say they have applied to the courts.
On the documentation you can request more time and state you full earning which are taken into consideration.
Do not worry about it, your circumstances are taken into accunt. If you have made regular payments prior, it will be seen that you are willing to pay the debt. The courts will just agree a figure for which you will pay back each month. |
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answergeek
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303.00 that is really low i get 1800 pounds and i am complainng anyway they could take you to court but not now they would have to get debt collectors first so it will take some time. |
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shelcom
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Sorry, but they can and they will. I'm sorry about your depression, but maybe if you learned some spelling and grammar you'd feel better about yourself. Maybe you could work part-time for some extra money. |
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jackie m
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It is always known that as long as you are paying them something with the queens head on it they cant take you to court. I am in the same situation as you except I am working and after paying rent and council tax every week I am left with £70 to pay these bills and buy food and electricity - I was better off when I didn't work for 10 years due to depression, the way things are going I am going to end up back on the sick. |
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Judy_K
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they can freeze your bank account, and they can also take you to court...
though, it's just one of their strategies - they are just threating you because they believe this is the way they can get money from you...
in reality, if they get 40% of the money back from all the loans... they would be making history... |
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linda
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you made the debt, you took there money, you are responsible to pay that debt as agreed to in your card contract. Failure to pay can and should result in you being sued in a court of law for funds due and past due plus late fees and interest. |
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Carlie W
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Hi
I have been in debt with credit cards and store cards before and i was, like you threatenned with court, i rang up the companies and promised to pay £10 per week to clear the debt. They can not take you to court as long as you pay something each week. Explain that you are out of work and that you will pay a certain amount each week to clear the debt. |
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