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can they make me sell my house


john10
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hi can anyone help i am indebt with a company and offered to pay so much every week which unfortunately i could not manage so ignored their letters they have now asked me to pay the debt in full or ask family member or get a loan to pay it off. They said to me you have your own house and that they can make me sell the house to pay them off, i am at my wits end and am very scared in case they can do this can anyone advise me on this situation

marie

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hi can anyone help i have had a debt company on the phone saying that if i do not borrow the money from family or friends that they can go to court and make me sell my house. i owe the company 1700 pounds they did set up a monthly payment scheme but i defaulted on this now this is what they ae saying

marie

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They can not. Only a loan secured on the property could allow this, and last I checked, gyms don't. ;-)

 

What you can not do is bury your head in the sand, as they can obtain a CCJ against you, and who needs that kind of thing?

 

You need to do an income and expenditure sheet, and work out how much you realistically pay them. Send it to them, and offer to pay them x amount per x period until the debt is paid off. Tell them that this is the best you can do, and that if they refuse, they'll have to take you to court and ask a judge to set the amount, and tell them that a judge may well decide that your offer is reasonable, and in that case, may not award them their court costs, or even set the repayments lower than what you're offering.

 

How come it's so high? Have they banged on extra charges? Or is it all membership charges? You need to be certain that the amount they claim is really what you owe, as if there are additional "admin" charges, you may well be able to get thm deducted from the total. Let us know and we can advise further.

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Hi John 10

 

So sorry to hear of your troubles. They use scare tactics to make you panic. I read Bookworms advice and felt reassured for you. Do you have a local citizens advice centre near you? They are very good and could help you with your expenditure sheet.

 

Good luck John, dont get stressed it will make you ill.

 

Shuffie

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The debt collection company can not make you sell your house.

 

It is up to the original company who you first obtained the debt with to try and serve you with a stat demand. (e.g local council, tfl, bank, etc).

 

I know a council who stat demand (try and bankrupt them) people who own more than £750 on their council tax although they only normally go after people who owe £0,000's.

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John, please have a read from the link below. They are comitting a criminal offence feeding you this guff! :mad:

 

Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

 

Print it out if need be!

 

There's also, the Protection from Harassment Act 1997:

Protection from Harassment Act 1997

 

Good luck, regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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What type of debt is it. CCA Consumer Credit Agreement. There is a letter in General Debt, Letter templates is letter N1. It requires a £1.00 postal order and recorded delivery. Bookworm referred to Gym membership but I couldn't see where you had written that. If its a loan, or catalogue then you can send that. They have 12 days from date of receipt to provide you with a signed copy of the agreement, if they don't they're in default, a further 30 days its a criminal offence. I think if you do some reading around the site you will glean lots of info.

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