I keep getting letters saying there take me to Court ? Is this True?

Question

I keep getting letters from Companys that i ow money to Eg Littlewoods account / Egg Card / Capital one Ect / This has been going on months will they take me to court as they send me a letter saying its my last warning ect , Anyone been in this sitution and knows what happens ? let me know

Answer 1

yeah

Answer 2

Creditors will and often do take debtors to court under certain conditions. Those conditions are 1.) they know where you work; or 2.) know that you have assets sufficient to retire the debt.

When they do decide to sue the debtor, they will file a complaint with the court. By law, the debtor must be notified that a complaint has been filed and the creditor must file what is called a "Proof of Service" that certifies to the court that the debtor has been notified either by personal service, publication or post and mail.

The debtor then has an opportunity to answer the complaint and appear in court to explain his circumstances. Failure to appear in court will result in the creditor being awarded a default judgement. If the debtor appears and fails to convince the judge that his cause is just, a judgement wll still be awarded to the creditor.

With a judgement, the creditor can request that the debtor's employer withhold 3/4th of the debtor's net income (garnishment) until the debt is paid in full. The creditor may also confiscate any assets that the debtor owns. In some jurisdictions debtors may file what is called a "Claim of Exemption" with the court. In essence, the claim of exemption says, "I need all of my income and assets for basic survival." After a review of your income and expenses, the court will rule in favor of your petition, if warranted. With an approved claim of exemption, the debtor can recover all garnisheed wages or personal property taken by the creditor; and, prevent the creditor from garnisheeing your wages.

The judgement is good for ten years; and may be extended for an additional ten years, if the debt has not been cllected during the first ten years.

Whether these extreme measures will be taken, will depend on the amount of the debt and the likelyhood that the debt can be collected. Otherwise, the creditor will simply write off the debt.

If the debt is written off and the debtor makes a payment, this will reopen the debt to full collection activity.

The best way to deal with these debts is to contact your creditors and negotiate settlement agreements. Just make sure that you have a written statement of your agreement, signed by both the original creditor and the collection agency(ies) before you make one payment. Generally, they will settle for about 50% of the original debt, not the amount that the collection agency says you owe.

Answer 3

If it goes as far as a court date, it will only be to a small claims court, which incidently, cannot pass a custodial sentence.
You should pay the bills, but thats easier said than done in some circumstances.
Should you get a 'visit' from a debt collection agency, bailiff......under no circumstances let them into your dwelling.
No matter how nice they seem, and no matter how much they ask to come in, NEVER let them across the threshold.
The only time that rule changes, is when the bailiff is accompanied by a police officer, but even then, the chances of that happening if the offence is non criminal, is very slim.
If the collector(s) put their foot in the door, stamp on it hard so as they remove their foot, then close the door. They are the ones breaking the law at this time.
Remember......you can't go to prison for debt, UNLESS, the debt was gained through a fraudulent manner.
Offer to pay them a fiver a month, and cut up all your credit cards.

Answer 4

No problem. If they are non priority debts ie credit. Make an offer on the total eg £2 to each creditor. If they refuse and it goes to court 9 times out of ten the court will make the judge accept the offer. Or you can go to your local county court and get an administration order list all your debts and your out goings and make a monthky offer for the total ie £40. Once this is set up with the court providing you dont miss payments the court will split the money up for you. So you dont need to contact the companies yourself.

Answer 5

they will keep writing to you threatening allsorts of action and keep passing your details to new companies for collection. They will ofen use the phrase doorstep collectors...dunno why they collect doorsteps though :-)
Itś usually rubbish as the new collection agencies are just departments within the original companies and have no staff beond a few underpaid phone jockeys.
Without a court order thay can do nothing and they always offer you a final, last chance, one time only 7 day buy out option of around 75% of your debt. Offer 25% and settle on 40%.
British Gas even make up a solicitorś letter pretending to have passed your account for action when itś just them using a different letterhead. Sneaky.

Offer them One pound a month on account of your poverty and do it in writing only. keep repeating the offer and do not waiver....a court will only enforce what you can afford to pay anyway and not what they want you to pay.

Perhaps bankrupcy is your solution?

Oh AND STOP LIVING ON CREDIT.

Answer 6

You sound rather non-chalant. If you recognize these debts and they are legitimate, you need to either pay them or get in touch and negotiate a payment plan, immediately. If you don't it will have a very negative effect on you. It is true that they try to make you think they've already taken action when in fact they only want to get your attention so you'll sit down and negotiate, but don't let this lull you into a false sense of security.

Start paying those bills NOW!

Answer 7

Usually they just say they're taking you to court just to scare you to pay. A general rule of thumb is to pay them what you can, even if its $1.00 a month. If they want to put in the effort of taking you to court (which may be more costly than the debt itself) at least you can tell the judge you were paying what you could afford. However, becareful with Capital One! A family member of mine had a card, got behind and they sent her to collections. As a end result, they had the court garnish her wages till it was paid.. it was messy! Good luck!

Answer 8

no it will get passed to debt collection agencies. im in the same boat and pay them back 7 pound a month through baines and ernest. they sort it all out for you. i am paying back £35k of unsecured at £112 a month split between creditors. If you make creditor collection agencies an offer they cannot refuse it. i owe halifax 5k and pay them £11. look them up.

Answer 9

the only way if they are real is if a police officer hand delivers it to you. They are trying to get a reaction out of you. When you get another warning tell them that you thought the last one was the last warning. But you do need to pay your bills. You borrowed the money, you need to pay it back. That is stealing otherwise.

Answer 10

There is a new law in the USA, entitling us to one free credit report each year.

Go to this website: http://www.experian.com/

Information on how to dispute any charges or claims are on the report.

Perhaps a company you had an account with changed its name, or, was bought by another business.

When you get the report, see if the companies you mentioned above, are on your credit report.

Answer 11

It is against the federal collection laws to send someone a letter just for the heck of it...they are serious....get a lawyer or better yet....pay your bills.