debt through loss of work

[dave2222]

i recently lost my job and therefore cannot afford to pay for a loan i have so i cancelled the debit so i did not get a bank charge.A large bank that the loan is with phoned me in a very aggressive manner saying they will get a ccj and send the bailiffs round if the payment is not made within 7 days.I am shocked as this is the first payment i have missed and i explained the situation im in,is this normal practise and how worried should i be?

[CheekyChops]

You really should have contacted them to advise about your situation before cancelling the dircet debit...

They can eventually get a CCJ but it is very unusual for lenders to go down that route after just 1 missed payment. Are you sure there are no other missed / late payments? Who is the loan with?

They can only send bailiffs round if they are successful in getting a CCJ and then you default on payment of that. Until they have a CCJ, they can't send in bailiffs. They can sent debt collectors but they have no legal rights.

[dave2222]

hi again sorry for the ad on but the bank also said if i do not own the house they will still take anything in it.i do own the house but my girlfriend lives with me is her possessions safe or can they take them.Im still shocked how this has come about without any warning or negotiations.

[dave2222]

hi again i am 100% positive i have missed 1 payment thats why im shocked.

[CheekyChops]

You still haven't said WHO the loan is with. Is it a secured loan or unsecured? How much is it for?

As I said before, they cannot send bailiffs round unless you have defaulted on a CCJ -you haven't got that far yet.

You will get letters and all sorts before it gets anywhere near that far, they are trying to bully you into paying.

[Rollo]

And if anybody doesw arrive on your doorstep before they have obtained a CCJ DO NOT LET THEM IN. They have no right of entry in those circumstances, buit if you let them in you put yourself at a disadvantage.

[dave2222]

the loan is with bank of scotland,my mortgage is also with them i have let them know the situation and i have insureance to cover the mortgage and they have bent over backwards to help.

[themas]

This is an aggressive debt worker trying to put the frighteners on you. As already said, they can't send bailiffs until they have a CCJ and you have defaulted on its terms. They may send a debt collector (but that is very unlikely). If they do, they have no powers or rights. Even if it gets to the stage where bailiffs might come, they cannot break into your property. They can only get in through an open door or window. You are entitled to deny them entry. But if you have a car they can clamp it and take it; also if you have unlocked garage/shed etc. they can take things in them. They can only take your possessions - not your partners. but sometimes they are not too careful about this and demand proof that the items do not belong to you.

If they do apply for a CCJ you will get a Court form to complete with details of your income & expenses. You must do this and send it to the Court by the deadline date, and make a realistic offer to pay by instalments (even if you only offer �1 per month). If the Court makes a decision you will not be able to keep to, you can apply to have it varied.

Creditors are sometimes more aggressive if they know you own a house, as they want to get the debt secured on the house by putting a charge on it (& possibly applying for an order for sale). They can only do this if you have defaulted on a CCJ.

This can all become quite complex, and you really need free independent advice - either from your local CAB or other debt advice agency, or from CCCS or National Debtline. Do not get involved with any outfits that charge fees.

What the creditor ought to accept in this sort of situation is an income & expenditure statement with an offer of monthly payments of the amount you can reasonably afford. The advice agency can help you with this. It is important that you take action on this now, and do not just leave it.

[DrFilth]

please read link below

http://news.bbc.co.uk/1/hi/uk/6418289.stm

CAB , citizens advice gives good free advice , chck online for your nearest office


http://www.citizensadvice.org.uk/


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best of luck

[dave2222]

thanks femas, i dont think they no im a homeowner as he told me to tell my mum and dad bailiffs might be coming round to take there stuff too,all through one missed payment.i now realise its bullying tactics that have only made me feel like not paying.i shall wait and see what happens but i know whos at the back of the que if i cant find another job soon.

[themas]

Your reaction is fully understandable, and its quite unforgiveable for them to lie to you in such a blatant fashion. However, I would urge you to take action on this and not just wait to see what happens. It's always best to be able to show that you have been reasonable (however unreasonable they are being), and it could stand you in good stead if you did have to go to Court to be able to produce letters showing what you had done to try to get them to see reason.