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Struggling with debt? Ask a debt advisor a question
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# 41
StepChange_Mat
Old 15-11-2012, 12:15 PM
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Quote:
Originally Posted by r6joe View Post
Hi,
I have been contacted by a debt recovery agency about a debt I dont recognise. I sent them the standard "prove it" letter to which they have replied saying that because it is an "O2 mobile phone account" they do not have to produce any documents. Is this true and do I just have to pay a bill I dont think I owe or are they trying it on?
Thank you
Joanne
Hi Joanne and welcome to the forum.

They would need to provide some documentation to prove that the debt is yours.

It might also be worth checking your credit file, and if necessary contacting O2 directly to enquire about this.

I hope this helps.

Kind regards,

Mat
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# 42
StepChange_Mat
Old 15-11-2012, 12:21 PM
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Quote:
Originally Posted by Cougargb View Post
I am not prepared for what has just happened to me!

Last Wednesday I "rescued" my 37 year old estranged son (no contact since May) as he was evicted from his house. He has not worked since being made redundant 2 years ago, living off his redundancy and accruing debts of just over 5k. He suffers from ADHD and is unfit for work.

He has asked me to deal with his debts and guide him on a suitable path!

After some initial advice we/he applied for ESA and on checking various sites feel that going down the DRO route is the best option.

Clearly we have to produce a presentable budget but I have no idea on expenses we should claim bearing in mind he is living "at home". I am financially stretched and would need some help with food costs etc.

None of the so called "debt remedy calculators" give any advice for our situation, so any advice would be gratefully received.

Hi and thanks for your post.

It sounds like you and your son would benefit from see free and impartial advice.

Id recommend that your son gather details of his income, current expenditure and debts and that he call our free helpline (you can listen in with his consent).

We can help with DROs and also look at what benefits he may be entitled to in his current situation.

Our free Helpline is on 0800 138 1111. Were open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.

We can sometime transfer directly to an advisor or we can make an appointment that is convenient for both of you.

I hope this helps.

Kind regards,

Mat
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# 43
StepChange_Mat
Old 15-11-2012, 12:39 PM
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Quote:
Originally Posted by Rat Boy View Post
Hi, we have built up a large debt over the last 7 years of around 40k, it all started 7 years ago when I got a new mortgage and tried to reduce the term by paying more, and this was ok at first but the last few years it has suddenly got out of control.

However Im now in a position to re mortgage as my fixed term is up, (I took a 2 year then a 5 year fixed rate).

We have repaid about 20k off in this time from the mortgage and owe about 75% of our house.

My question is as some of our debt is with the mortgage company 2 credit cards and overdraft, should I get a new fixed term rate (thats if I can) again for 5years and add this debt to the mortgage this would be about 15k, and the rest either do a DMP or a loan?

What will happen in 5 years if I did a DMP, would I still be able to get a mortgage at a preferred rate?

Regards

Richard

Hi Richard and thanks for your message.


It sounds like you would benefit from some free and impartial advice.

We wouldnt normally recommend taking out any further lending or securing debt to a property. This is usually not a good solution and often makes the situation worse.

A debt management plan will have an impact on your credit rating and this will possibly limit the availability of certain credit products to you until your rating improves. However, there could be other solutions available to you that you havent yet considered.

Id recommend that
you visit our online debt advice service Debt Remedy (http://www.stepchange.org/msehelp) to help you find a solution to your debt problem quickly.

Debt Remedy will assist you in completing a financial statement with information on your household, employment, income, expenditure and debts. From this the service will automatically determine your options.


To help you fill in the form, its best to gather together information about:

Your income

Your expenditure

The creditors you owe money to


Youll receive a downloadable advice booklet providing a tailored solution for you based on your current circumstances and advice on ways you may be able to improve your situation.


If youre not confident with computers or would like to speak to an advisor then youre welcome to ring our free Helpline on 0800 138 1111. Were open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.


If you phone us it may be possible to refer you directly to an advisor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.


I hope this helps.


Kind regards,


Mat
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# 44
Cougargb
Old 15-11-2012, 1:12 PM
MoneySaving Convert
 
Join Date: Nov 2007
Posts: 40
Unhappy

Quote:
Originally Posted by StepChange_Mat View Post

Hi and thanks for your post.

It sounds like you and your son would benefit from see free and impartial advice.

Id recommend that your son gather details of his income, current expenditure and debts and that he call our free helpline (you can listen in with his consent).

We can help with DROs and also look at what benefits he may be entitled to in his current situation.

Our free Helpline is on 0800 138 1111. Were open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.

We can sometime transfer directly to an advisor or we can make an appointment that is convenient for both of you.

I hope this helps.

Kind regards,

Mat
Thanks tried that number, disappointing first response, unable to answer DRO questions, no one currently available, gave me number to call later.

0800 19701704 will maybe try later.
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# 45
Chalkie77
Old 15-11-2012, 6:35 PM
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Join Date: Apr 2009
Location: Keighley, West Yorkshire
Posts: 7
Default DMP Help

Hiya - bit of an embarassing question really but was hoping for some anonymous help. I have a DMP with Step Change (CCCS) that I have been happily paying for over five years and have light at the end of the tunnel with under two years left. However, it has been a long slog and I have built up some additional credit card debt since and dare not mention it in my annual review.

I am currently maintaining the minimum payments - and a little extra but my husband and I are hoping to get pregnant soon (the booming biological clock cannot be kept at bay now I'm in my mid-30s) and I worry what will happen if my wage drops as I am the main wage earner in my household.

Hubby also has a seperate DMP and when I drop to SMP we will not be able to make any debt payments. I am mostly scared that we will be dumped by CCCS and end up bankcrupt - and hubby doesn't quite know the scale of the problem as I deal with all the accounts / budgeting.

Any advice graciously received - thanks, Claire
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# 46
StepChange_Mat
Old 16-11-2012, 11:47 AM
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Quote:
Originally Posted by WayneB73 View Post
Hi,

I need some advise about IVA's as apposed to bankruptcy. The only reason i havn't already filed for bankruptcy is the fact i don't want to lose my house..

I currently have a debt plan which i pay around 167 pcm on a debt of 90,000 My mortgage is 115,000 with a house value of 150,000 max, Currently i can only afford to pay my interest which is about 142 pcm.

the problem i have is i am due to finish my mortgage in 16 years time, by my maths i would have to pay 7187 per year plus 1800 in interest providing my rate stayed the same meaning i would have to pay back 748 pcm to clear the mortgage in 16 years..

Out of the 90,000 debt two of those creditors has debts secured against the house by a court order for around 35,000 which leaves 55.000 of unsecured debt to pay..

I am self employed and based on my estimated average earning's over the next 5 years after tax will be around 24,000 pa, my living costs are currently 17.400 pa which means providing living costs don't rise i have around 6600 disposable income pa..

What i really need to know is, should i keep my mortgage on interest only for the next 5 years and apply for an IVA to clear the debt? Tecnically with the secured loans i am in negative equity..

The only reason i don't use the extra 6600 currently is because for some reason i can never live to my budget as i have no saving's, there always seem to be something that goes wrong from car repairs to house hold goods need replacing, i was trying to save a large some of money before taking out an IVA as i know it would limit my cash flow every month to the max with nothing spare.. If i pay the mortgage in full and i pay the mortgage off before the debt i will be forced to sell the house or remortgage the house in my late 50's to pay the remaining debt which means i would have noting and worked all my life for nothing.. Am i wrong to feel it so crucial to want to keep my house for retirement?

Any advise would be much appreciated, sorry for any poor spelling and grammer in advance as it's not my strong point..
Hi and thanks for your post.

It sounds like you would benefit from some free and impartial advice.


Id recommend that you give us a ring so that we can look at your situation in more detail. Technically, you can go bankruptcy and retain a property that is in negative equity if you can show a balanced budget. This may not be the best advice overall though and wed need to run through a budget before we could see whats the best way forward.

If you did go for an IVA any money you had saved would have to go into the arrangement from the start.

In regards your property if you come to us for debt advice we may be able to recommend an independent financial advisor who can talk you through your options for the long term which you could then combine with our debt advice.

Youre welcome to ring our free Helpline on 0800 138 1111. Were open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.

If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

Id recommend you gather details of your income, expenditure, assets and debts before you call.

I hope this helps.

Kind regards,

Mat
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# 47
StepChange_Mat
Old 16-11-2012, 12:29 PM
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Quote:
Originally Posted by Serinapuk View Post
Hi,

Me and my partner have natwest accounts. I previously banked with Barclays but got into financial difficulty so now have current account with Natwest and trying to pay off my Barclays overdraft (with difficulty)!!!
We have received a letter advising that our joint, his current and business (he is self employed) will be closed if we can't pay the overdrafts off! This is as a result of my partners current account being 4k overdrawn! My partner has attempted to contact natwest to explain that he was made redundant over 3 times in the past 2 years which meant he had to go self employed but this does not guarantee a regular income! He was told that it was not their problem and he needed to pay it off! Since then, the interest has been building and building and at no point did they offer to stop interest charges which has now resulted in the current situation!
My current account is ok, I have never gone over limit. I am wondering whether I should pay all wages into my account for now and set up the direct debits for utility bills, mortgage etc from my account but I am worried that they will try to take that money to repay debt on our other accounts with them which would leave us in a position where we would be unable to meet our monthly outgoings! Please help!
Thank you
Hi and welcome to the forum.

If you have an overdrawn joint account with Natwest, then they can dip into other accounts that are held just in your name using the Right of Offset.


You can read more about the Right of Offset here.


http://moneyaware.co.uk/2012/02/bank-takes-your-money-right-of-offset/

I think the safest thing to would be to open a new basic bank account with another bank that is not connected to any of your other creditors. You and your partner can then start making regular payments to reduce the overdrawn accounts with Natwest.


It sounds generally like you could do with some advice in regards budgeting, if you do need this advice please call our free Helpline on 0800 138 1111. Were open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.


If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.


I hope this helps.


Kind regards,


Mat
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# 48
StepChange_Mat
Old 16-11-2012, 12:35 PM
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Quote:
Originally Posted by AllenL View Post
Hi,
I took out an EFG for 50,000 for my business approximately 30 months ago and now still owe 39,000. I now cannot afford the repayments and the company in whose name the loan was taken out has ceased trading.
I have no personal assets apart from my house.
Can anyone tell me what my options are? The name suggests that the government will guarantee the loan, so surely if I cannot pay, the government are expected to cover the shortfall.
Any help gratefully received.
Hi and thanks for your post.

Id recommend that in the first instance you speak to Business Debtline on 0800 197 6026.


Their website is http://www.bdl.org.uk/

I hope this helps.

Kind regards,

Mat
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# 49
StepChange_Mat
Old 16-11-2012, 12:49 PM
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Quote:
Originally Posted by Chalkie77 View Post
Hiya - bit of an embarassing question really but was hoping for some anonymous help. I have a DMP with Step Change (CCCS) that I have been happily paying for over five years and have light at the end of the tunnel with under two years left. However, it has been a long slog and I have built up some additional credit card debt since and dare not mention it in my annual review.

I am currently maintaining the minimum payments - and a little extra but my husband and I are hoping to get pregnant soon (the booming biological clock cannot be kept at bay now I'm in my mid-30s) and I worry what will happen if my wage drops as I am the main wage earner in my household.

Hubby also has a seperate DMP and when I drop to SMP we will not be able to make any debt payments. I am mostly scared that we will be dumped by CCCS and end up bankcrupt - and hubby doesn't quite know the scale of the problem as I deal with all the accounts / budgeting.

Any advice graciously received - thanks, Claire
Hi Claire and thanks for your post.

Best thing is to give us a call to discuss the additional debt, we can also talk you through what options you have for the future.

Its probably best to call with your husband so that we can look at your situation as a whole.

I hope this helps.

Kind regards,

Mat
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# 50
Cenedra41
Old 16-11-2012, 5:56 PM
MoneySaving Newbie
 
Join Date: Jan 2010
Posts: 5
Default ccj even if we make payment arrangements through step change?

Hi Tina and welcome to the forum.

It sounds like would benefit from some free and impartial advice.

In your situation we don’t normally recommend taking out any further lending to consolidate loans, this often makes the situation worse over the long run. We also wouldn’t normally recommend taking out any further secured lending for the same reason.

The best thing to do is to put together a budget and look at what realistic options are available. If your husband cannot have an IVA or go bankrupt this will be taken into consideration and it could be that a less formal solution such as a debt management plan (DMP) would be best suited.

Debt Remedy will assist you in completing a financial statement with information on your household, employment, income, expenditure and debts. From this the service will automatically determine your options.

To help you fill in the form, it’s best to gather together information about:
• Your income
• Your expenditure
• The creditors you owe money to

You’ll receive a downloadable advice booklet providing a tailored solution for you based on your current circumstances and advice on ways you may be able to improve your situation.

If you’re not confident with computers or would like to speak to an advisor then you’re welcome to ring our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.

I’d recommend that both you and your partner call together once you have the paperwork you require for the debts and your monthly income and expenditure.

It’s worth noting that debt solutions will have an impact on your partner’s credit rating and he should check to see if this will impact his employment also. If you call us we may still be able to give more advice regards this.

I hope this helps.

Kind regards,

Mat[/QUOTE]


thanks for your response mat - just one more quick question as this sounds like a sensible plan - the citizens advice bureau said that:

Thereis a risk to making payments that are less than the monthly contractual ascreditors can make a claim for money through the courts which would result inyou having a County Court Judgment.

could this happen even if we make payments through step change? And if so how common is it for creditors to do this in your experience?

thanks very much again!

Tina

Last edited by Cenedra41; 16-11-2012 at 5:58 PM. Reason: adding more text
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# 51
DJGat
Old 17-11-2012, 4:44 PM
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Join Date: Nov 2012
Posts: 4
Default

Taken from a topic i posted

Hi

Recently i have received 3 letter from the alleged creditors, i looked at my credit report to see if these debts were on there and they weren't! not a mention of them by company or amount details.

The first is from "transcom worldwide" on behalf of "arrow global gurnsey limited"

Firstly this was on my credit report 3 moths ago but has since then disappeared or been removed from my report. If this happens what does it mean? does the debt become statute barred and unenforceable or does it mean nothing?

Secondly i have no idea what this debt is for so i was going to send them a Validation of debt letter

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading
[IMG]file://localhost/Users/deangatenby/Library/Caches/TemporaryItems/msoclip/0clip_image002.png[/IMG] Regulations 2008 (CPUTR).


I enclose a postal order in the sum of 1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.


If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.


We look forward to hearing from you.


Followed by a dispute letter 12 days later.

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.
You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown
[IMG]file://localhost/Users/deangatenby/Library/Caches/TemporaryItems/msoclip/0/clip_image002.png[/IMG] of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a legal right; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest
[IMG]file://localhost/Users/deangatenby/Library/Caches/TemporaryItems/msoclip/0/clip_image004.png[/IMG] or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully



All to be sent by recorded delivery.

is this the right course of action? what would i need to do after this point?



__________________________________________________ _______________________



As well as this debt i have another which was for HBOS credit card from 2002, who have sold the debt to Lowell financial who have sent me a letter regarding the debt and also a letter from red debt collection services.

Again this debt does not show on my report and i cant remember the last time i made a payment, must of been 2006. so my question is should i follow the same process as above but send to lowell and red at the same time. or ?



__________________________________________________ ______________________



regarding statute bared debts, is there a way to find out when i last made a payment without alerting the creditor of why i am requesting this info and without having to confirm my details which i assume would qualify as recognizing the debt is mine.



Hope this makes sense, any help massively appreciated



many thanks


Dean
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# 52
Gazzman140
Old 18-11-2012, 5:57 PM
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Join Date: Nov 2012
Location: Redditch
Posts: 3
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I have recently received notice form First Plus of a loan I took out in 2001, but I had forgotten about it (having moved abroad, and then back to the UK in 2003).
How long can a creditor keep looking for someone to pay a debt?
And am I still liable?
Thanks
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# 53
DaveK1971
Old 18-11-2012, 6:16 PM
MoneySaving Convert
 
Join Date: Nov 2012
Posts: 76
Default

Hi all.

Just wondering if anybody has any advice of how best to deal with Wonga. I have just entered into a DMP with Step Change but Wonga have so far failed to issue the reference number for my loan (they don't put a number on the agreement itself) and without it Step Change can't include the loan on my DMP. Will try ringing Wonga again in the morning but was wondering if any of you had been in the same boat?

Cheers.
Debt @ 17/11/12: 12,017 . Hoping to be debt free by June 2014 .
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# 54
janeypoo
Old 18-11-2012, 11:49 PM
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Join Date: Dec 2011
Posts: 19
Default

Hello,

I contacted Halifax a few weeks ago regarding help with my debt, specifically asking their recommendation for me to tackle me CC I have with them, which is at its limit of 8k.

They have gotten back to my and asked me to fill in their SOA. I was wondering, do I have to put my husband's income? Whilst he knows I have debt, he has debt too, this is mine and I want to deal with it with the money I get. Basically I'm just wondering if I'm legally obliged to use his figures, because we're married? I don't want to get into trouble by putting the wrong values in!

Thanks
Tackling head on 2013

8000 debt/0 paid.
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# 55
StepChange_James
Old 19-11-2012, 11:04 AM
Has MSEs permission to post for company
Serious MoneySaving Fan
 
Join Date: Sep 2012
Posts: 752
Default

Quote:
Originally Posted by Cenedra41 View Post

thanks for your response mat - just one more quick question as this sounds like a sensible plan - the citizens advice bureau said that:

Thereis a risk to making payments that are less than the monthly contractual ascreditors can make a claim for money through the courts which would result inyou having a County Court Judgment.

could this happen even if we make payments through step change? And if so how common is it for creditors to do this in your experience?

thanks very much again!

Tina
Hello,

It's possible to get CCJs if you're on a DMP, a creditor can apply for a CCJ if you've missed payments, they've sent you a default notice and you've not caught up with the missed payments within the timescale they give you.

The reality is that most of the time creditors don't want to go down this road. CCJ payments will usually be very similar to the amounts creditors receive through DMPs (provided you reply to the initial CCJ paperwork) so there isn't a great deal of incentive for them to do this.

My experience has been that companies are most likely to go for a CCJ if you've stopped paying the debt completely and are not in contact with them at all. So if you're on a DMP and paying regularly they might go for a CCJ but most companies don't.

Hope this helps.

James
I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

If money worries are keeping you awake, read Paul's success story at Need to Sleep

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# 56
StepChange_James
Old 19-11-2012, 11:24 AM
Has MSEs permission to post for company
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Join Date: Sep 2012
Posts: 752
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Quote:
Originally Posted by DJGat View Post

All to be sent by recorded delivery.

is this the right course of action? what would i need to do after this point?



__________________________________________________ _______________________



As well as this debt i have another which was for HBOS credit card from 2002, who have sold the debt to Lowell financial who have sent me a letter regarding the debt and also a letter from red debt collection services.

Again this debt does not show on my report and i cant remember the last time i made a payment, must of been 2006. so my question is should i follow the same process as above but send to lowell and red at the same time. or ?



__________________________________________________ ______________________



regarding statute bared debts, is there a way to find out when i last made a payment without alerting the creditor of why i am requesting this info and without having to confirm my details which i assume would qualify as recognizing the debt is mine.



Hope this makes sense, any help massively appreciated



many thanks


Dean

Hello,

Thanks for posting. The template letters you've posted up seem to be the right sort of thing to send out to get more information about this account.

You could use them for both debts if you want to make sure that these are debts that you're responsible for and to double check that you did sign up to them in the first place.

We've an interesting blogpost about the limitations act here: http://moneyaware.co.uk/2012/02/can-...om-your-debts/, which might answer some of your questions in a bit more detail.

Kind regards

James
I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

If money worries are keeping you awake, read Paul's success story at Need to Sleep

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# 57
StepChange_James
Old 19-11-2012, 11:33 AM
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Posts: 752
Default

Quote:
Originally Posted by Gazzman140 View Post
I have recently received notice form First Plus of a loan I took out in 2001, but I had forgotten about it (having moved abroad, and then back to the UK in 2003).
How long can a creditor keep looking for someone to pay a debt?
And am I still liable?
Thanks
Hi Gazzman,

How long a debt is legally enforceable for varies depending on the type of debt. For unsecured debts it is six years from the date of last payment or acknowledgement of the debt (such as a letter).

The timescale is 12 years for secured debts that are left over following a shortfall from the sale of a property.

The other thing to bear in mind is that the limitations act doesn't apply for debts where a county court judgment is in place (providing the judgment wasn't obtained after the limitation period).

Sorry the answer isn't straight forward but hopefully this will give you an idea of where you stand.

Regards

James
I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

If money worries are keeping you awake, read Paul's success story at Need to Sleep

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# 58
StepChange_James
Old 19-11-2012, 11:41 AM
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Quote:
Originally Posted by DaveK1971 View Post
Hi all.

Just wondering if anybody has any advice of how best to deal with Wonga. I have just entered into a DMP with Step Change but Wonga have so far failed to issue the reference number for my loan (they don't put a number on the agreement itself) and without it Step Change can't include the loan on my DMP. Will try ringing Wonga again in the morning but was wondering if any of you had been in the same boat?

Cheers.
Hi Dave,

I think your plan sounds to be the best option, a quick call should be all it takes to get your reference from them.

We need something to quote to them so they'll know that the money we send them relates to your loan.

Cheers

James
I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

If money worries are keeping you awake, read Paul's success story at Need to Sleep

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# 59
StepChange_James
Old 19-11-2012, 11:48 AM
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Posts: 752
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Quote:
Originally Posted by janeypoo View Post
Hello,

I contacted Halifax a few weeks ago regarding help with my debt, specifically asking their recommendation for me to tackle me CC I have with them, which is at its limit of 8k.

They have gotten back to my and asked me to fill in their SOA. I was wondering, do I have to put my husband's income? Whilst he knows I have debt, he has debt too, this is mine and I want to deal with it with the money I get. Basically I'm just wondering if I'm legally obliged to use his figures, because we're married? I don't want to get into trouble by putting the wrong values in!

Thanks
Hi Janey,

Thanks for posting. There are no laws about how do a SOA when you are married. You can either do a joint one or one in just your own name.

Many creditors prefer a joint budget as it gives them a full picture of your household finances but if you're finances are separate then it makes sense to do an individual budget. I would recommend adding a comment about how the bills are divided to reassure them that you're not paying more than your fair share of the household costs.

If you would like any help putting together a budget I would recommend using our online advice tool, Debt Remedy (http://www.stepchange.org/msehelp), which will help you through the process of putting together a budget and also give you advice on how best to deal with your debt.

It's completely free of charge and the downloadable advice booklet will give you a SOA you can print out and send to Halifax instead of filling out their forms.

Hope this helps.

James
I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

If money worries are keeping you awake, read Paul's success story at Need to Sleep

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# 60
red apple
Old 19-11-2012, 10:44 PM
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Join Date: Nov 2012
Posts: 4
Default Extra Dla

Hi
I have not been completely honest with your company I have a dmp with you which i have had for 5 years. when i started the dmp I was not claiming dla for both my children

A few years back I got dla for both my kids I did not declare this at my reviews as I saw the money as my kids money for their disabiltys and not for my debt repayment I now know this is wrong.

I have over the past two years saved up 3 thousand pounds to pay my debt but it is not enough to clear the rest of my debt 5 thousand pounds debt . I am worried that if i phone up and say about the kids dla i will get into trouble for not declareing it in the past

I was completely honest about my outgoings I didnt claim for the extra stuff I had to pay out for my kids disabiltys because of my kids dla covered this, and I did say about the extra child tax credit i got due to them both being on dla it was just the dla I didnt say about.

im not sure how to put this right. Should cancle my dmp pay of the 3 thousand pounds of my debt then start a new one this time declareing my kids dla, or should I say nothing and carry on saving untill i have paid of all my debt . I am commited to clearing this debt I have never missed a dmp payment and I have saved this money to help clear my debts. I have foolishly got my self into this mess and i do worry about this daily .

The thing is with the kids dla payment I could proberly come off the dmp and just pay the min payments should i do that .

im sorry to of load this on to you but i just want to put this right i am very sorry for this mess please help

Last edited by red apple; 20-11-2012 at 8:07 AM.
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