can a credit collection company

[stokemaveric]

refuse a reasonable amount of repayment every month or can they DEMAND payment...?

[ummmm]

As far as I know they can demand payment although a lot will take a payment plan. If you don't pay some will send the bailiffs round. Some bailiffs also take a payment plan but not all.

Have you tried to arrange a payment plan??

[CheekyChops]

They can demand what they like but you can't pay what you haven't got.

They can't send bailiffs round until they have taken you to court, obtained a CCJ and then you default on that. They can send debt collectors round but these people have no rights whatsoever.

If they take you to court to get a CCJ, ask for the hearing to take place at your local court, attend and provide a statement of your expenditure. The judge will then set the payments at an affordable amount.

[stokemaveric]

its for an eplooyee of mine,she came in very upset today about a �300.00 debt her ex husband has left her with...thank you for your advice......

[Goodsoulette]

Hi stoke, I had a few similar problems myself. My payments were at 122 quid a month and when I gave up work I phoned them and asked them if they could rewrite the loan and slice the payments down to �60, I wasnt looking to get out of paying just to make it so it didnt cripple me. In the end I had to default which sucked but when they sent a guy round, they slashed off �1200 from what I owed and reduced my payments to �22. Apparently when it gets to that point they become a lot more understanding. She could go to the citizens advice bureau and get them to help her fill out an IVA form, ive never heard of these not being accepted.

[stokemaveric]

thanx goodsoulette,she was really upset this morning,your advice is very much welcome i will tell her.....i might offer to pay it for her myself actually......cant stand seeing her upset like that.....thanx again.....

[Goodsoulette]

awwww, can I have a job? lol I make a mean tea but I back chat a lot and dont take orders very well.

[stokemaveric]

lol goodsoulette........send me your references......

[R1Geezer]

They can do both those things but in reality. If she pays what she can, ie for example sends a monthly cheque, they'll cash it, believe me. Then they are accepting payement and she is paying regularly. No judge will give a CCJ on that basis.

[themas]

1. An IVA is entirely inappropriate unless she also has a lot of other debts & sufficient income to pay a substantial amount each month for 5 years.

2. Many many of these letters are deliberately harshly worded in an effort to frighten or bully or harass debtors into finding money they can ill afford. Most of the threats they contain are never acted on. They can DEMAND all they like, but - if they take a case like this to Court (which is very unlikely) - the Court will set an instalment payment order in accordance with the debtor's means - providing the debtor has given the necessary information to the Court.

3. However, geezer is wrong to say the Court would not make a CCJ. If the creditor makes an application to Court & the debtor admits that the money is owed then the Court has no choice - they have to make a CCJ. This then stays on the debtor's Credit Reference files for 6 years unless it is paid in full in 28 days (together with the creditor's costs & Court fee). So it is best not to let it get to this stage.

[R1Geezer]

well someone I know was taken to court for a catalogue debt, she owed a fair bit and couldn't pay the amount each week that she was supposed to but kept on paying what she can. She went to court and showed the judge evidence that she'd been paying and showed that she was paying what she could resonaly afford. Case was thrown out. I've heard of lots of these and that's the advice often given, if you can't afford it all pay what you can. So Themas are you just talking about some technicality or what because if not there's no point in trying to pay at all and the financial advice of countless pundits is invalid.