Resolved Question

Debt collection place cooerced me into agreeing to pay more than i can afford?

I need some advice please because im really scared. I have an overdraft debt of just under £3000 with Barclays Bank, because I haven't paid it they have sent it to a debt collection place called Call serve. I arranged to pay them £40 a month in July but then forgot to call and pay with my card. I rang them back today and now have agreed to send them £80 immediately and then £50 a month by direct debit – but I cant afford this, the woman on the phone wouldn't accept less than this and said with my wages I could pay it, but she wouldn't take into account that I have to pay a lot of money to travel to work and I have other debts. She kept putting me on hold and then just talking over me. She just kept talking and talking and saying she was trying to help me and was trying to stop bailiffs coming. Ive called the Citizens Advice bureau but they cant see me fro two weeks and I don't have any money at all to pay the £80 upfront. Im too scared to call them back because the woman was quite mean. And don't know what to do now? Can someone help?

Additional Details

It was my student account!

13 hours ago

Best Answer - Chosen by Asker

Don't call them, it's generally practise for debt collection agencies to use scare tactics over the phone. They know very few people will record them so can get away with it. Only ever deal with these people by letter, first off write a letter of complaint about the women you spoke to. Stating that she was aggressive rude and threatened you. State that you want a response to the complaint by letter only, if no response is offered you will take the matter further. Have two copies, one to send to them recorded mail the other for you to keep.

Next letter you need to inform them that you only wish to deal with them by letter and they should stop all calls to your house/mobile/work. Any calls made after the receipt of the letter will be taken as harassment and you will take the matter further. Again 2 copies, one to them send recorded mail the other you keep.

Next letter should state that you cannot afford (enclose a copy of your outgoings and incomings) the amount they state you must pay a month and can only offer them £X a month. If they do not accept the amount then you will cease all payments until you have seeked legal advice. Again 2 copies, one to them recorded, one for you. Legally as long as you offer to pay an amount that you can afford they have to accept it. Many threaten CCJs or bailiffs but both have to be brought to court and warranted by a judge. A judge will not issue a CCJ or bailiffs if you made an attempt to pay and they refused (why you must keep all letters that you send and you receive from them). A debt collection company knows this and as soon as you mention legal advice they will step down. They know they would lose the court case and they would be out of pocket.

Such websites as moneysavingexpert will give you the basic format to any letters you need to send. And debtline are over the phone charity who can help you work out a budget so you know your sending each creditor a relaistic repayment that still allows you to live. Never let debts take over your income, even if it means lowering some repayments. You have better success of getting these debts paid off it they don't become a monthly battle, allow yourself some of your wages that don't go to paying off debts.

There are currently no comments for this question.

Other Answers (3)

• Go here then download & print the letter. Send it to the debt company & keep a couple of copies for yourself. I'd do this today if you can.
  
  http://www.adviceguide.org.uk/index/d_sa…
  
  As for baliffs, they can't send them until it has been to court, you've been given a ccj & youve defaulted on payments
• how in the world did you overdraw your account by 3000???
• I'd suggest ring them back and say you will pay what you can, then do it. If you are put on hold, or if you feel you are not being listened to, just put down the phone. Keep all receipts of money paid to them as proof that you have paid. Go and talk to Citizens Advice as soon as you can, but take things into your own hands first. You don't have to accept rudeness from anyone.
  
  If you can live more simply and spend less, it will free up more to repay your various debts. Target the one costing you the highest interest first. Every £1 more each week will make a cumulative big difference.
  
  Last week I shopped at my supermarket at 8pm when reduced-to-clear prices were reduced for the last time. I spent €21.71 and got enough food for 2 weeks, and this week's share is still in the freezer. I will only need to get bread or milk as required. And I am drinking more water from the tap, and less tea / coffee / milk / other drinks. I bring a packed lunch to work. If you can do something similar and reduce your shopping bill, your debts will melt even faster.
  
  If you are a young adult who goes out on the town every weekend, look out for free or nearly free things to do, or have friends round to your place instead of going out, at least some weekends. Could be to share a meal, watch DVDs, play cards or scrabble, have a music jamming session or lots more. If you have a few friends coming over and everyone brings something to share, it makes a fun evening at minimal cost.
  
  Good luck !!!