DC Letter threatning Court Action

[blutejpj]

Help !

 

I have been making reduced payments on a loan, via a dect collection agency, who are acting on behalf of the loan company. I have been late a couple of times on payments, however have always brought them up to date. However, I received a letter from them this morning saying that papers where being prepared for court, and if I don't pay the full amount by 10am monday, then court proceddings will start.

 

I cannot pay the money, I cannot pay more than what I am doing now. They allready have a breakdown of my finances showing this.

 

Should i go to court and see what a judge says ??

 

Starting to get nervous.

 

Any advice

[Guest Zooman]

If they take you to court if you are not defending the debt fill out a Form N9A (admission form) which will come with the claim this is a budget sheet.

 

The court will take this into account when entering judgement, and in 95% of cases will set out a payment plan you can afford (and almost always the figure you put in box 11). The DCA have no choice in the matter.

 

If you are not defending the claim there will not be a hearing and the judge will make the judgement in private taking into account your budget.

[blutejpj]

Zooman,

 

Many thanks for your reply. I have since spoke to the DC, and told them that I'm preparred to go to court, with that there was a sudden climb down on there behalf and they are happy to proceed with the original agreement. This was after they tried "so your paying XXX amount" and I said no its X amount.

 

Having looked through the form you linked too, i'm tempted to go to court, because my financial review dosn't take into some considerations the form does, and I would probably end up paying less.

 

Cheers

[Guest Zooman]

Many thanks for your reply. I have since spoke to the DC, and told them that I'm preparred to go to court, with that there was a sudden climb down on there behalf and they are happy to proceed with the original agreement. This was after they tried "so your paying XXX amount" and I said no its X amount.

I can't tell you how many times that happened when I have phoned them for people.

 

Thing is you can not choose to take it to court, I will post a separate letter with the next steps.

[Its WAR]

Isnt it best this way, otherwise you would get a ccj?

[Guest Zooman]

CCJs are not as bad as people make out most high street banks can bypass them with a letter explaining what they are. Online loans can not be done. But if you have no intentions of getting loans within 2 years (I know they stay on for 6 years but they are not considered high risk after 2 years) they allow people to pay what they can afford over time without letters though the door and phone calls each day.

[Ellie968]

Not sure what you mean Haydn about isn't it best this way - as Zooman indicates it is the creditors decision whether they issue a claim - however what many people are not aware of is that they (dca's) threaten court action liberally and often do not (maybe never intended?) to carry the threat out - it works - the borrower/debtor makes an offer and they (the dca) consider this a result as they then have a payment offer. It is best therefore not to ignore these threats but also not to be scared into making an offer which is not affordable - calculate what you can afford to pay and stick to it - ideally explaining your circumstances and showing why the offer is the maximum you can afford - if they threaten court then say "fine, that is really REALLY all I can afford so if you are refusing my offer the district judge will have to decide whether it is a reasonable offer or not.

[scousepie]

OK DCA will use any tactic to get money from people, I love DCAs and i love dealing with the **** that want to cash in on peoples misery, it makes my blood boil.

 

I have had alls sorts of standard letter from people calling to my home and the usual court papers crap.

 

Let them prove you owe money to who ever and remember fight these bllod suckers..sorry for the mad rant.