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Debenhams payment plan and court summons!


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Old 31-05-2008, 17:05
~*~Jess~*~
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My friend has just told me that she had set up a payment plan with debenhams to pay off her debt, but now they have sent her a court summons ordering her to pay 125.00 per month which she cannot possibly do.

She will be coming over here to use my phone to ring up the court on Monday, but does anyone have any advice on what she can do? Unfortunately she set up the plan via the phone and has not got confirmation of it, so they could deny any knowledge of this!

Thanks for any help

Just to add - she's just told me she's paid off 30.00 so far after setting it up at the start of this month. I am just about to find out what the monthly payment she agreed is!

Further edit - the agreed monthly payment was 30.00 so she's already paid off the first one.
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Old 31-05-2008, 17:16
eunicelouise658
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Years ago I set up a payment plan with Barclaycard and I sent written proof of what was agreed very quickly. Did the person she agreed this plan with have the authority to agree that amount. I think alot of companies send you a form to document your outgoings to see what it is workable for you to pay.

I would get her to list her outgoings and have details of any recent payment made before she speaks to the court. Does she have high outgoings that the court would put ahaed of this debt?
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Old 31-05-2008, 17:26
~*~Jess~*~
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Well she and her partner rent their flat, he works full time and she looks after her baby daughter so she doesn't have any of her 'own' income if that makes sense.

They pay 750.00 per month, her partner gets just shy of 900 a month and they get 300 housing benefit per month.

Everything else is being used to live, and pay the utility bills, though I know she's also paying 50 per month to Provident for a loan she took out which is now down to 350.

She said she wrote down details about the payment plan but she can't find it - now if she goes to court, there's absolutely no way she can afford 125.00 per month, her mum's buying her baby's nappies for her today ffs, and the thing that annoys me is that she had set up a payment plan and they've totally shafted her!
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Old 31-05-2008, 17:37
kibblerok
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are you sure its a court summons and not a fancy debt collectors letter?
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Old 31-05-2008, 17:40
~*~Jess~*~
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are you sure its a court summons and not a fancy debt collectors letter?
Lol no to be honest I'm not, I'm just trying to get her some advice, I won't know until I see it on Monday when she comes over to phone them
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Old 31-05-2008, 17:50
eunicelouise658
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If and when it got to court Debehenams have not got a chance of getting their 125 a month. If your friend is able to show all their outgoings and the fact she has made a payment offer and the fact she is making regular payments to clear another debt. She also needs to show that she is having family help to buy essentials for the family.
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Old 01-06-2008, 08:44
Bristol_gaz
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is this 30 pound coming out to debenhams via direct debit? if so then she needs to print off her bank statement showing there is money being paid to debenhams. if its paid by cash to debenhams then tell her too keep a recipt.

from when i had a account there you can ask for a statement if you go into the store which would also be proof she is paying the debt off.
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Old 01-06-2008, 10:28
pickledlily
 
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Debenhams are useless.

Years ago I bougt a sofa off them, using their store card to pay for it.

When I got home, I realised the sofa was too big for the room, so I rang and cancelled the order, and they agreed to refund the cost to my account and close it, so I cancelled the bankers order, no direct debits in those days, and I forgot all about it.

Months later I got a letter saying they were taking me to court
for the os debt. The refund for the sofa had never gone through.

I've never shopped in the store since.
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Old 01-06-2008, 11:03
accord
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only one lesson to be learnt. you women spend far too much than you can afford - only on clothes alone!
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Old 01-06-2008, 11:25
Errodiel
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only one lesson to be learnt. you women spend far too much than you can afford - only on clothes alone!
I'm getting really, really sick of your pathetic woman bashing. So one woman treated you badly, join the bleeding club. You've become a bitter misogynist. It doesn't suit you.
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Old 01-06-2008, 12:34
~*~Jess~*~
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Thanks for all the replies, I've just seen the letter and it is a proper court summons, we will do the phoning tomorrow and sort it out.

The 30.00 is paid by cash and she says that she has an authorisation code for it.
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Old 01-06-2008, 13:50
[Ryan Williams]
 
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Thanks for all the replies, I've just seen the letter and it is a proper court summons, we will do the phoning tomorrow and sort it out.

The 30.00 is paid by cash and she says that she has an authorisation code for it.
Make sure she keeps all records and reciepts of payments she makes. In court all she has to do is show how low their income is, getting help with essentions (nappies etc) and is making the effort to pay the debt so Debenhams haven't got a leg to stand on when it comes to getting 125 a month.
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Old 02-06-2008, 11:47
~*~Jess~*~
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Right, my friend has just made all the necessary phone calls and has just found out that BCW Group who she set up the payment of 30.00 per month and paid her first instalment does not actually own the debt anymore - this is why the CCJ was sent out.

She is about to phone BCW to tell them and to ask for the payment to be sent to who must have bought it off of them! Surely this is illegal behaviour from BCW Group?

The company that she now has to pay the 30.00 to are sending out a form for her to put her incomings and outgoings, even though she got all upset and had to tell the woman on the end of the phone everything that she had to pay out each month and she has literally got nothing left every month and they want to know how much she spends on baby clothes! Surely this is none of their business and an essential itm that her baby needs to live!!

If she were to write to this company with proof of her incomings and outgoings and offer say 10.00 per month surely they have to accept because she is the one offering them money?

Sorry to keep going on about this, but any help would be greatly appreciated, I hate seeing my friend so upset and want to help as much as I can.
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Old 02-06-2008, 12:03
Ber
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The courts cannot "force" anyone to pay something without them having to attend some sort of hearing and provide details of their income and expenditure - and then the courts will only make you pay what you can afford once all that have been taken into account.

It seems to me like this company is just trying it on, and using the standard "legalese" scare tactics to try and get you to pay up.

If she were to write to this company with proof of her incomings and outgoings and offer say 10.00 per month surely they have to accept because she is the one offering them money?
Your friend should do an I/E sheet and then make payments based on what it says she can afford. If it is 10 a month then that is what she should pay and not a penny more - regardless of their threats and intimidation tactics.

On the off chance that they actually do follow up their threats - as I said above - no court will make her pay any more than she can afford to do so.

I would also add that in 99.9999% of cases, if you are receiving benefits then they cannot "take" it from you as that money is what the state has said you are entitled to for certain things.
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