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  • FIRST POST
    • CottonTail1322
    • By CottonTail1322 12th Jan 18, 3:23 PM
    • 6Posts
    • 0Thanks
    CottonTail1322
    Help with Debts
    • #1
    • 12th Jan 18, 3:23 PM
    Help with Debts 12th Jan 18 at 3:23 PM
    Iím really hoping someone can help me here, Iím utterly sick with worry over my debts.

    Back story (short version): my husband and I both had very well paying jobs until I became ill and unable to care for myself, let alone work so for almost 7 years Iíve been on disability benefits and he is my carer and my health will only get worse (MS).

    We have debts of around £35k in total, all unsecured. Weíve been paying a few DCAís token £1 payments but we hadnít heard from the other debts. Well they finally caught up with us and we are getting weekly letters from Lowell and Cabot, theyíre now threatening court action. Iím fairly sure that at least a few of these are statute barred but Iím not 100% on that. I just want to clear all of this up.

    Iíve tried to read up on everything but itís hard, I get Ďbrain fogí and struggle taking in info. Am I right in assuming that I should send a CCA request to all DCAís and see what happens or is there another way? I posted on a fairly well known Facebook group about this and was advised to Ď3 letterí them all but from my reading this isnít all that successful. They also suggested I donít get a copy of my credit report as they sell details on to creditors, is this correct? As it stands I donít know what shows on my credit report and what doesnít and I donít know what to do about it all.

    Iíd be unbelievably grateful for any advice offered.
Page 1
    • sourcrates
    • By sourcrates 12th Jan 18, 3:25 PM
    • 13,073 Posts
    • 12,384 Thanks
    sourcrates
    • #2
    • 12th Jan 18, 3:25 PM
    • #2
    • 12th Jan 18, 3:25 PM
    New thread needed methinks cottontail.

    Moved.
    Last edited by sourcrates; 12-01-2018 at 4:17 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • sourcrates
    • By sourcrates 12th Jan 18, 4:16 PM
    • 13,073 Posts
    • 12,384 Thanks
    sourcrates
    • #3
    • 12th Jan 18, 4:16 PM
    • #3
    • 12th Jan 18, 4:16 PM
    Hi,

    Forget the 3 letter thing, its codswallop, and has been tried, tested, and thrown out of court.

    CCA however, is a good starting point, but see below *, send to all relevant accounts, that would be loans, credit cards, catalogue accounts, store cards, but not old bank accounts, or mobile contracts, as different rules apply to those.

    This will also have the effect of putting all accounts "on hold" whilst your request is actioned, should give you a month or two breathing space to sort out your plan of action.

    Checking your credit file will alert your creditors you are active, but they already know your address, and have permission to use your data, so no reason not to check your file.

    Really you must check your credit file first, try Noddle,* because you need to know if any accounts are statute barred or not before writing to them.
    Last edited by sourcrates; 12-01-2018 at 4:19 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • CottonTail1322
    • By CottonTail1322 12th Jan 18, 4:36 PM
    • 6 Posts
    • 0 Thanks
    CottonTail1322
    • #4
    • 12th Jan 18, 4:36 PM
    • #4
    • 12th Jan 18, 4:36 PM
    Thank you for the advice. I will check my credit file now I know it’s safe to do so (I probably sound ridiculous).

    2 of my smaller debts are for a phone contract and a bank account, what should I do with regards to these, if you don’t mind advising?
    • sourcrates
    • By sourcrates 12th Jan 18, 4:42 PM
    • 13,073 Posts
    • 12,384 Thanks
    sourcrates
    • #5
    • 12th Jan 18, 4:42 PM
    • #5
    • 12th Jan 18, 4:42 PM

    2 of my smaller debts are for a phone contract and a bank account, what should I do with regards to these, if you donít mind advising?
    Originally posted by CottonTail1322
    CCA does not apply to those, maybe send "provit" letter :

    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Separate the debts you think maybe statute barred from the rest, don't send anything to those debts just yet.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #6
    • 12th Jan 18, 5:17 PM
    • #6
    • 12th Jan 18, 5:17 PM
    Hi CottonTail1332


    Welcome to the forum. Just a note of caution, if you have a debt that is not quite statute barred, sending the CCA request could be classed as a written acknowledgement of the debt and restart the 6 year limitation period. That's because the CCA requests that they provide a copy of your credit agreement.


    If you're contacted about a debt you are confident is statute barred, you can send the company a sample letter asking them to prove otherwise https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx.


    You mention the threat of court action. A creditor or debt collection agency (DCA) should send you a letter before claim, that is a letter warning you of their intention to take court action, before court papers are issued. There is a reply form you must respond to, which includes an option to dispute the debt. If you do receive a letter before claim it's best to seek specialist advice from one of the free debt advice agencies.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • CottonTail1322
    • By CottonTail1322 13th Jan 18, 1:15 PM
    • 6 Posts
    • 0 Thanks
    CottonTail1322
    • #7
    • 13th Jan 18, 1:15 PM
    • #7
    • 13th Jan 18, 1:15 PM
    Ok Iíve checked my credit file but a few of my debts arenít on there at all. In fact a lot of them arenít. I donít understand at all, what does that mean?
    • sourcrates
    • By sourcrates 13th Jan 18, 1:29 PM
    • 13,073 Posts
    • 12,384 Thanks
    sourcrates
    • #8
    • 13th Jan 18, 1:29 PM
    • #8
    • 13th Jan 18, 1:29 PM
    Ok I’ve checked my credit file but a few of my debts aren’t on there at all. In fact a lot of them aren’t. I don’t understand at all, what does that mean?
    Originally posted by CottonTail1322
    There are three main credit reference agencies in the UK.

    Noddle

    Equifax

    Experian

    you need to check all 3, it can be done for free through various 3rd party sites,
    Google is your friend.

    If the debts still don't show, then it may suggest that they are over 6 years old, and have dropped off your file.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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