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  • CAB Swansea Bay representative
    Hi Flyingember, thank you for your query regarding Debt Relief Order
    A Debt Relief Order is a form of insolvency available to people with under £15,000 in debt, less than £50 per month available income and assets of less than £300. It costs £90 and the payment can be made in instalments before it is submitted. It is an online application which has to be submitted by an Approved Intermediary who is an experienced debt adviser. A Debt Relief Order will put all the debts included (some debts such as student loans, magistrates courts fines and child support arrears are excluded) on hold for 12 months and if the debtor's circumstances have not improved within that time then the debts will be written off. A Debt Relief Order will affect a debtor's credit reference for 6 years and getting everyday type of credit can be difficult so may not be able to get anything more than a basic phone on a mobile phone contract and may need a guarantor if looking to rent privately. A Debt Relief Order can also affect certain jobs such as those in banking, legal or finance sectors or some jobs requiring professional membership or any requiring a credit reference and can also affect if become self employed.
    I would suggest your friend seek advice from a debt adviser to discuss this option in full, especially as the amount of debt is relatively small. A debt adviser can also look at other options for example asking for write offs on medical grounds or an Administration Order. You can find your local Citizens Advice Bureau at www.citizensadvice.org.uk. Before attending an appointment with a debt adviser it is helpful to complete a detailed income and expenditure, gather up to date balance and account number for each creditor plus original agreements if you have them, proof of income and a credit report.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB Swansea Bay representative
    Hi sbstab, thank you for your query about friend owing you money.
    Unfortunately we are not giving advice on collecting debts owed to you as a creditor on this forum but you can find information on starting county court procedings at www.adviceguide.org.uk and at www.direct.gov.org.uk or alternatively you could go to your local Citizens Advice Bureau which you can find at www.citizensadvice.org.uk.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Ricardo1699
    Default Notice
    Hi ,

    I write hoping you can help with the situation I am in with regards to Virgin Mobile. They have yet to respond to a compaint I made 6 weeks ago ven though I have chased several times.

    Late last year 2011 I purchased a mobile phone and insurance. Soon after receiving the phone it got lost. My wife immediately called to report the phone to be lost and a very helpful person disabled the phone so no one can use it. It became apparent on the call that insurance had not been taken out even though we requested it. After several conversations it was said the phone can be cancelled and the direct debit cancelled also.
    Months pass and in the summer of 2012 I was looking for a new credit card. Being declined on a credit card application raised alarm bells to me. I therefore looked at my credit report. I was been reported month by month as not paying my Virgin Mobile bill. This came as a surprise to me as I had heard nothing from Virgin Mobile since the call my wife made in late 2011 when we were told the phone and insurance would be cancelled.
    From that point I have contacted Virgin a number of times and been told the amount needs paying. This is something from this point onwards I have always been aware of and (reluctantly) accepted payment should be made having had discussions with your team. All I wanted in return was the credit file status to be corrected as I thought it unfair this has been going on for months with absolutely no communication from Virgin Mobile to myself. The conversations I had did not come up with anything and therefore I withheld payment. Their representatives gave me the impression they did not care whether I paid or not.
    More recently my credit file now shows me as a status of ‘Default’ which will cause me problems obtaining credit for years. The Virgin Mobile representative on my most recent call has been more helpful than the previous people I have contacted. Whilst yet again I have taken the view to pay the amount (although I do still dispute this as I did take out the insurance) I was told my credit status would then become ‘Settled’. This is a small improvement to the Default status but will still cause me problems for years to come.
    I have several points I have put to Virgin and still yet to hear. Would you please be able to advise on where I stand on getting my credit file changed/updated to fairly reflect my credit history? There are 2 key area's I would appreciatte your views:
    1. When I asked Virgin why payment was never not chased I was told it had by means of a text message to the lost, disabled phone (which may have also had a cancelled number) as Virgin are a paperless business. These messages were never going to get to me from the very start as the phone was lost and disabled.
    2. Do Virgin Mobile have any requirement to help correct my unfair credit file status? I have heard of cases having letters applied to your credit file if removal of the Default status is not available?
    3. What advice could you offer in getting my complaint moving at Virgin mobile?


    I am not the kind of person to miss payments, ignore letters etc.. . The moment I found out this account was still open and payments were expected I have contacted Virgin on several occasions to try and put this right. The attempts from Virgin Mobile as a company to communicate with me, the customer, have been very disappointing on many levels.

    Many thanks in advance.
    RM
  • CAB Swansea Bay representative
    Hi Ricardo1699, thank you for your query regarding default notice.
    You have done absolutely the right thing by putting in a complaint. I am presuming you put that complaint in writing and have a copy and if Virgin do not respond after 8 weeks you can take the complaint to the Communications Ombudsman and they will investigate the complaint and can will make their own decision on whether to uphold your complaint and if so what redress you should receive. Virgin can remove the default from your credit reference but only if they feel it was recorded incorrectly. I am not sure what evidence you have that you requested phone insurance so I can't comment on whether you have a strong argument for that but you did inform them of the loss of the phone straight away and the reminders being sent by text to the lost phone does seem to be a ground for complaint as you clearly were never going to receive that text message unless they agreed to transfer your account and number to another handset. I am surprised they said you could cancel the direct debit and contract as usually you are locked into the contract for the term and that is probably why they have charged you for the rest of the term but if you have the name, date and time you spoke to this person that would give your complaint much more strength. You can find more information about making a complaint to the ombudsman at www.adviceguide.org.uk.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • spiderkin
    Hi, I'd like some advice for my husband please.

    He's suddenly gotten 2 letters through from a debt collection agency suggesting that he "might" (their word!) be the person they're looking for. The first letter arrived last month demaning over £900. Another arrived today demand £271 for their client if paid by the 29th November.

    My husband is unaware he has any debt. He became ill in January 2004 and has not worked since - and consequently has not had any form of credit at all since. He says there might have been a student visa card from 1998 but he thought he'd paid that off.

    He read forums when the first letter arrived and decided to ignore the letter as A- it appeared to be fishing for information and B- as far as he is aware he has no debts, and even if he did owe something it's from before 2004 so well outside the 6 year limit.

    Should we/he continue to ignore these letters or should he take some sort of action?

    Thanks, Spider
  • CAB Swansea Bay representative
    Hi Spiderkin, thank you for your query
    I would first of all suggest you get a copy of your credit report to see if it mentions any debts on there which are outstanding. If nothing is on the credit report you can either ignore the letters but that may not stop them trying to contact you as if it is a fishing exercise then they will often take silence as meaning they may have the person they are looking for. The other option is to write to them to ask them to provide the original credit agreement and proof the person they are looking for is your husband and ask them to hold all action until they provide that evidence. If it turns out to be your husband with a debt from 2004 and no payments/acknowledgement has been made and the creditor has not gone to the county court then the debt could be statute barred and you would have a defence if they decided to go to court. You can find out more about making a complaint and statute barred debts at www.adviceguide.org.uk.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • spiderkin
    Thank you - we've checked his credit report and there's nothing on it at all apart from his current account. There is no other activity whatsoever in the past 6 years. If they write again I shall look at contacting them in some way asking for information and if it is statute barred i will make a complaint against them.
    • velvetbullit
    • By velvetbullit 28th Nov 12, 10:01 PM
    • 1 Posts
    • 0 Thanks
    velvetbullit
    Ikano Ikea card
    I moved house almost 2 years ago and forgot to inform ikano/ ikea Card of my new address.
    Ive had this card since 2003 and have never defaulted on any payments, but ive just found out that ikano cancelled my payment agreement as i hadnt used my card in over a year. As i didnt get this info as they didnt have my new address, i used my card and presumed it was being paid from my account. Now though its gone to a debt collection agency and my credit rating has gone to the dogs!
    Ive paid the debt in full as soon as i realised, but how are they able to do this?
    They said it was on my original contract which i dont have anymore. Im sure though there has been other times where ive not used my card and theyve never cancelled the payment agreement!

    Can i dispute this. I know it was my fault not telling them my new address, but didnt think they would cancel my payment agreement!

    Can you help?
    VB
  • CAB Swansea Bay representative
    Hi velvetbullit, thank you for your query regarding Ikano card
    A credit/store card can change the terms and conditions of the agreement you have with them anytime as long as they have given you notice which they could have done to your old address. Unfortunately I cannot tell from your post if you had a direct debit or continuous/recurring payment authority to pay the card automatically, if you had a direct debit and never cancelled it and they just did not attempt to take the payment you may have a complaint against Ikano or your bank but if it is a continuous/recurring payment authority it may have been limited to 12 or 24 months so you will need to look into this in detail if you wish to dispute it and I would suggest you do so in writing and keep copies and send recorded delivery. You can find more information about making complaints at www.adviceguide.org.uk.
    Hope this is of assistance
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • mattyspurs
    Need a bit off advice. In debt, need help lol Managed to hopefully see a representative of CAB at out local Nursery next week. Need to chat about our arrears and debts etc.. what would you advise me to bring? I dont know where to start and its worrrying me
  • CAB Swansea Bay representative
    Hi mattyspurs, thank you for your query regarding debt appointment
    To prepare for a debt appointment I would suggest you gather the most recent letter from each of your creditors that includes a balance and account number and original agreements if you have them. A detailed income and expenditure and proof of income and details of any assets you own and if you have time to get one a credit report is also very useful.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • becki9001
    court remission help
    Basically i want to know what i can do if i cannot find the last 3 months pay slips, but i think i do qualify for court fee remissions. is their something else i can give that shows i earn under the amount, i have one months pay slip?
  • CAB Swansea Bay representative
    Hi becki9001, thank you for your query regarding court remission
    Unfortunately courts will not usually accept other evidence but if you could get a letter from your employer stating your gross pay and a bank statement stating your net pay they may accept that. If it is going to take some time to get copy payslips or evidence but you need to make the application straight away (it does not state in your post why you need court fee remission) then you could pay the fee and ask for a refund when you have the documents. You can find more information about court fee remission at www.adviceguide.org.uk

    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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