Debt collection by the Court.

[kloofnek]

My friend owes some money to a credit card ,which no longer exists,but still has the remaining balance to pay ...but where to she doesn`t know.
She cannot pay it as her financial situation has changed since she had the card,and is now on state pension+pension credit.
She received a letter from a debt collection agency which she replied to by letter as she is hard of hearing and so does not like to use the phone.Offering them £30 a month with the promise of more at the end of the year when she will have finished a couple of other debts she has and would they forward any relevant forms necessary to fill in her finance in/outgoings.She had no response.
A couple of weeks later ,another letter from a different company,she again wrote telling them the same,today she had yet another letter as a final warning saying as she had ignored their previous correspondence,must pay immediately or it will go to court.She has written straight back reminding them that she did not ignore the first letter to which she replied posting it recorded delivery..which they DID receive, as proof was on the Royal Mail website.Now ,if it should go to court,will the court write and ask her for her financial situation.
I know another person where it was took to court,he did not need to attend, so she will not be doing so...but she wants to know how they will assess the amount she must pay.

She is really worried and if anyone out there can give some advise on the situation ,it will be gratefully received.

[boxtops]

IMO, she has done her best and can show copies of her offer letters to the court, I would contact the CAB for some help in the first place, but let them take her to court to show she has been offering to try to pay, not just ignoring the debt.

[Rosetta]

Suggest your friend go to her local Citizens Advice Bureau to help her sort this out

[kloofnek]

So what should she do?
Leave it and let it go through the court or contact the CAB first?
As I said previously,someone I knew had a debt and it went to court,but he did not have to attend...it was at a court at the other end of the country anyway.But he was never asked to attend...I spoke to him last night ,he cannot remember much as to how it was done...other than he received a letter showing the debt amount plus costs etc...and how much he was ordered to pay monthly.
Surely they must have asked for his financial in/outgoings?????

[themas]

Do not ignore this. Go to CAB for help straight away. If a Court claim is issued it will be sent to her by the Court with a form for her to enter her income & expenses & the amount she is offering to pay. She must complete that & send it off, otherwise the Court will make an order that the full amount is payable immediately. CAB should be able to explain all this in more detail, & help her to prepare a proper income & expenditure form.