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Paying a debt for 14 Years??
Ellieseleven
Posts: 2,118 Forumite
I had a conversation with my sister-in-law last night where she explained that she is being chased by a debt collection agency for a debt that she has been paying for over 14 years!
The original debt was with TSB and was a loan for 2250, she paid this at £80 per month but then got into financial difficulties and missed a number of payments (don't know how many). She then paid whatever she could each month but was finally taken to court and received a CCJ.
She continued to make payments up until February this year but I think there were times when she did miss.
This debt was passed to a DCA long ago but in Feb she stopped paying and they are now threatening her and demanding £1050 (I'm not sure what her monthly payment was).
She is not in a position to pay in full and feels that over 14 years she should have finished this debt.
She has not got any paperwork, does not know exactly how much she has paid over the years and is terrified that the bailiffs will take her posessions.
My questions are:
Is there any way that she can find out how much she has paid?
What should be her next course of action to deal with this?
Can she ask for a CCA on this loan, does this apply to loans or given the fact that she has a CCJ for the debt, does this rule it out?
She paid PPI, can she re-claim this?
Sorry for asking so much but she really doesn't know what to do next
Thanks everyone
The original debt was with TSB and was a loan for 2250, she paid this at £80 per month but then got into financial difficulties and missed a number of payments (don't know how many). She then paid whatever she could each month but was finally taken to court and received a CCJ.
She continued to make payments up until February this year but I think there were times when she did miss.
This debt was passed to a DCA long ago but in Feb she stopped paying and they are now threatening her and demanding £1050 (I'm not sure what her monthly payment was).
She is not in a position to pay in full and feels that over 14 years she should have finished this debt.
She has not got any paperwork, does not know exactly how much she has paid over the years and is terrified that the bailiffs will take her posessions.
My questions are:
Is there any way that she can find out how much she has paid?
What should be her next course of action to deal with this?
Can she ask for a CCA on this loan, does this apply to loans or given the fact that she has a CCJ for the debt, does this rule it out?
She paid PPI, can she re-claim this?
Sorry for asking so much but she really doesn't know what to do next
Thanks everyone
Debt Free 1st March 2017
0
Comments
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Eeeek, i don't know but hopefully someone will come along and help. Poor lady, that's a long time she's been paying for eh? Do you have any ideas of the monthly repayments after the CCJ?
If she'd been paying £80 per month for 14 years that would have been £13,440 that she'd paid!!
Some more figures may help....:DA&L OD: £968.60 (18/11/09)Sainsbury's Loan: £6859.98 (18/11/09)Virgin CC: £2123.22 (18/11/09) £2097.34 20/11/09Zopa Loan: £6865.57 (18/11/09)TOTAL: £16,817.37 not incl Bank of M&D!:eek::mad::eek::mad::eek::mad::eek::mad::eek: but WILL do it this time!!!!0 -
Hi, that sound awful!! the only piece of advice i can offer is to get her to contact the consumer credit counselling service... as they offer free advice and im sure they will know what the rigth course of action is. i guess it all depends on how much she had initally repaid, how much the interest was and whether at any point they were supposed to have frozen the interest. Ive not had ccj's but surely if she didnt pay that it would be a court matter? i would def get her to call them for free advice!! and if it turns out she does still owe the money they will be able to income and expenditure and work out exactly how much she can afford to repay the money, i think in most cases they can get them to freeze the interest, so that she is actually only reapaying the loan amount not all the interest on top!!
I really hope she gets it sorted and someone who knows more will most likely be along with an answer soon!! :-)0 -
Many thanks for your replies, I will pass on your comments to my SIL. CCCS is a good place to start, she didn't know who to ring for advice and I couldn't help her!!:TDebt Free 1st March 2017
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Yes start with the debt charities, CCCS, PayPlan, CAB and National Debtline.
Under OFT guidelines you can request a statement on the debt to see the amount, how much you have paid into it and thus how much is left. You have to make sure they weren't selling the debt on to different agencies as the full amount excluding what she had paid.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks for the advice Dark Convict, I have passed on everyone's comments and SIL is going to ring CCCS for advice tomorrowDebt Free 1st March 2017
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For reference - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf2 UNFAIR BUSINESS PRACTICES
Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
e. failing to provide debtors or creditors with information on status
of debts, for example, not providing requested balance statements when
reasonably requested
Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
d. not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different
parties
e. not informing the debtor when their case has been passed on to a
different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which
suggest harm to debtorsAlthough no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0
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