B&S DCA chasing old HB 'debt' already been to a court - given a conditional discharge.

[netsniper]

Hi no he isn't telling anyone and I will take you advice so thank you.

[BRIGADIER2JCS]

Hi no he isn't telling anyone and I will take you advice so thank you.

 

Never a good idea to pass on or sell a phone with the original sim card for just this reason.

[netsniper]

Just an update,

I was contacted by B&S who asked me to make some proposals to pay this debt off,

I have been to the CAB but they weren't that helpful and told me to contact them with an offer of £1.00 per week which I did ,

 

I also sent along a budget sheet that I created myself showing them that I only have £9.00 per month left from my benefits as I am already paying them back at a rate of £40.00 per month for council tax that I owe which is being deducted by the DWP.

 

The reply I got from B&S is below which is clearly asking for a figure I just can not pay and with further threats,

as you can see below I don't have much time to reply.

Can anyone please give me some advice.

 

Thank you

 

 

Dear Sir,

 

With reference to the above

we write to advise that your proposals for payment are unacceptable.

 

We would however be prepared to accept payment as follows:

 

£3.55 required by the 31ST May 2012 followed by 11 payments of £3.55 per week

 

Documentary evidence of your benefits must have been received in our offices by the time the above arrangement expires.

 

Please note the above arrangement will not clear your total outstanding balance. This is a temporary agreement only.

 

If you fail to make payment of any of the instalments detailed above, or to supply the documentary evidence requested, the agreement will be cancelled and the full sum will become due and payable.

 

Further action will then be taken for the recovery of the balance outstanding.

If necessary, proceedings will be instigated which may result in the grant of a County Court Judgement.

This will severely affect your ability to obtain credit in the future.

[BRIGADIER2JCS]

Hi,

What a load of baloney, your benefits are for you to live on not to pay non priority debts.

 

May I suggest the following.

 

Same addressee as before.

 

Ref:XXXXXXXX

 

Dear Curr or Madman,

 

I refer to your letter regarding the level of payment you ''require'' for this debt.

 

You should be aware that it is I who decides what I can afford to pay towards non priority debts such as this.

 

Your threats of ''Further Action'' have little impact and are of no interest to me,

as you will no doubt know should you decide to escalate this matter to court action the most likely conclusion would be that a judge would award £1.00 per month because of my financial status and dependence on benefits.

 

I am however prepared to be generous and pay £1.00 per week by standing order.

 

I further suggest that if you do not have sufficient authority to comply with this, please refer it to someone who does.

[netsniper]

Thank you for your help I will do this and see what happens.

[netsniper]

Got a reply from them today at 8.15 am after they called on the phone which I didn't answer.

 

Dear Sir,

 

FINAL OPPORTUNITY

 

Re: Sundry Debt

 

Council Reference: ********

 

Despite our previous requests for payment of the above account, the sum of £14,394.44 remains unpaid.

It is our intention to return this case to our Client, who may now instigate County Court proceedings.

If the Court grants a Judgement against you then there will be significant consequences:

oYou will Incur Court Fees

oYou will have to Pay Interest on your Debt

oYou will have to Pay Solicitors Costs awarded by the Court

oThe Judgement will show up on any Credit Checks against you and will adversely affect your Credit Rating

 

The Court can also make you Bankrupt, meaning that you will no longer control your assets, which the Official Receiver or Trustee may sell to pay the debt and costs, for example –

oIf you own your own home it may be sold

oYour life assurance policies may be taken and disposed of

oAn order may be granted to take part of your wages for up to 3 years

oIf you are self employed, your business could be closed down and any employees dismissed

oYour credit rating will be adversely affected

 

In order to avoid this action you must pay this debt in full within 7 days.

 

Payment must be made direct to ourselves at the above address (not to the Council) in cash, postal orders, bankers draft, or cheque – please ensure that you quote your reference number with all payments and correspondence.

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number or on the internet at www.bristowsutor.co.uk (Note: All card payments are subject to a small percentage charge).

 

If you are unable to pay the full amount within 7 days, you should IMMEDIATELY contact our office –

Call us on: 0871 677 0070

Text us on: 07781 488 270

Fax us on: 0871 677 0072

Visit us at: www.bristowsutor.co.uk

 

Yours faithfully,

 

Bristow & Sutor

[BRIGADIER2JCS]

Send the drafted letter anyway.

IF the OC gets back to you send

the same letter to them.

[netsniper]

Thanks for your reply.

I sent your letter yesterday and the above was their response at 8.15 am today.

 

Ps What is an OC?

[BRIGADIER2JCS]

Yep that one, didn't know if you had sent it yet.

 

The OC may contact you, but more likely they'll farm it out to another DCA.

[netsniper]

So presumably just sit out the 7 days and wait to see what happens next?

 

You didn't say what 'OC' means???

[BRIGADIER2JCS]

OC=Original Creditor.

[netsniper]

 

OC=Original Creditor.

 

 

 

[netsniper]

Just an update

it's been a while now now since I had any correspondence from the council until

 

 

a few days back they asked for a budget sheet which I have sent them and waiting for their reply.

 

 

Today I have received a letter from the DWP who also asked me for a budget sheet 2 weeks ago which I sent them which showed I had a surplus of £8.00 a week,

 

 

the letter I received today is telling me that they are going to take £ 17.75 from me every week

which I just can not afford so what do I do now?

 

 

the money they will be taking is for an overpayment as mentioned at the start of this post.

[wonkeydonkey]

If you have any non priority debts showing on the budget sheet...eg mobile phone contracts, credit cards etc...they will expect you to drop the repayments to them. If you do not have any non priority debts and the budget sheet puts you on the threshold of hardship to survive, then you need to contact them and tell them this and appeal their decision.

 

WD

[BRIGADIER2JCS]

Agreed, send an appeal to the manager of the DWP Debt Management Office..

[netsniper]

If you have any non priority debts showing on the budget sheet...eg mobile phone contracts, credit cards etc...they will expect you to drop the repayments to them. If you do not have any non priority debts and the budget sheet puts you on the threshold of hardship to survive, then you need to contact them and tell them this and appeal their decision.

 

WD

 

Thank you for you advice.

 

Agreed, send an appeal to the manager of the DWP Debt Management Office..

 

Thank you again for you help.

[BRIGADIER2JCS]

Ok I'll review the whole thread and info recd.and get back to you asap. prob tomorrow pm.

 

Brig.

[netsniper]

Ok I'll review the whole thread and info recd.and get back to you asap. prob tomorrow pm.

 

Brig.

 

Thank you again for your help.

[BRIGADIER2JCS]

No prob I'm off to feed me face now:madgrin:

[netsniper]

Have a good time.

[old bill]

 

Dear Curr or Madman....

 

 

Never was a truer word spoken - or posted - in jest.

[netsniper]

 

Dear Curr or Madman....

 

[/quote

 

Never was a truer word spoken - or posted - in jest.

 

Am I missing something? sorry.

[wonkeydonkey]

 

Am I missing something? sorry.

 

Post #32 causes the hillarity..I would love to accidently send a letter addressed like that:lol:

[netsniper]

Now I get it

[BRIGADIER2JCS]

Hi having read through the thread

I must agree that a deduction based on the cost of your obviously essential mobile phone is unfair and unreasonable,

if the department will not acceed to this then imo an appeal to the Tribunal Service is warranted.

 

So, a formal complaint to the Manager at the office dealing with this,

your budget sheet clearly shows that you would be placed in hardship if such deductions are made,

 

 

lay it all out in a concise form and give explicit reasons to justify the phone contract for emergency use.

 

Notify the department that if they go ahead you wish to enter an appeal immediately.

[note for info only: I have seen Netsnipers I&E by pm as it contains personal data).