Ask a CCCS counsellor a question

cazzy_gal

Hi all,
I emigrated in 2004, defaulting on an unsecured bank loan. I returned to this country in 2005 and heard nothing for a very long time, i made no contact myself as all my old paperwork had been lost in the move. recently i rec'd a letter from the bank saying they had sold my debt on to a 3rd party. now from what i understand this company buys debts like mine for a pittance and hopes to make huge profits from getting the full amount back. they are now threatening me with court action - are they entitled to get the 8k they are demanding?
I am a single mum working part time and surviving on working family tax credit, housing benefit and a v small wage - i simply cannot afford to make huge payments to these people and want to know of the best way to deal with them.
I don't deny that i owed the bank about 7k - but surely what i really owe to this other company is what they paid for my debt?

10past6

cazzy_gal wrote: »

they are now threatening me with court action - are they entitled to get the 8k they are demanding?

Who is the DCA that's chasing you?

10past6

CG, Send the following letters in this order BY RECORDED DELIVERY:

Creditor / DCA
Address

Your Address


Date:

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

ONLY PRINT – NEVER SIGN YOUR NAME

Wait until you here from them, then send this letter:

Loan or CC Company
Address


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXX

With reference to the above agreement, I would be grateful if you would send us a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

ONLY PRINT - NEVER SIGN YOUR NAME

cazzy_gal

I have a letter from HSBC saying that they sold my debt of £7561.91 to Lowell Portfolio 1 Ltd on july 6th 2007.

the most recent letter on the subject was from red debt collection agency saying that their client is HSBC Bank plc - now i thought that the debt was with Lowells - not HSBC oh dear looks like i'm going round in circles. anyway the letter says "we now intend to advise our client to issue a claim in the county court to recover the debt"

I haven't replied to any letters apart from one of the first ones rec'd from Lowells where i said that i would ask for advice on the matter before getting back to them....sadly i didn't get much advice and didn't get back to them.

looks like the ostrich method isn't working! i need to face up to this pretty quick. any advice greatfully rec'd!

caz

10past6

cazzy_gal wrote: »

the letter says "we now intend to advise our client to issue a claim in the county court to recover the debt"

Standard computer / template letter, just ignore it.

cazzy_gal wrote: »

I haven't replied to any letters apart from one of the first ones rec'd from Lowells where i said that i would ask for advice on the matter before getting back to them....sadly i didn't get much advice and didn't get back to them.

Send them the first letter I posted above.

Lowells are well known on here, you need to put the dog back in the kennel, follow the guidence from the members on here.

cazzy_gal

thank you very much,

i will try that... will keep you posted...

btw what happens if they come back with all the proof requested? am i then deep in the 'brown stuff'?

caz

10past6

cazzy_gal wrote: »

btw what happens if they come back with all the proof requested? am i then deep in the 'brown stuff'?

caz

Chances are they won't, if they do, then post here

Lovella

Hi, wonder if you can help? I've been on a DMP for 3 years now and only have a year left - I can't wait. However, I was given a CCJ in 2006 when things were really messy and my head was well and truly in the sand. It was given by a financial advisory company, who arranged a re-mortgage for me, but which I never took out. What I hadn't realised was that if I didn't re-mortage through them then their arrangement fee of £300 would need to be paid. I just didn't have the money at the time and without any warning I was issued with Court papers. There was nothing I could do at the time - so now I have a CCJ for such a trivial amount. I

've never paid it - but would like to do so now - my question is - while I know that paying it will only show as 'satisfied' on my credit report until it gets taken off altogether in 4 years (been there for 2 years already), will paying it improve my credit rating or not? While I was doing some research online, some people seemed to suggest that by paying it 2 years down the line that I will actually damage my credit.... I'm quite confused and would be interested to hear if anyone knows?

Aside from the CCJ, my credit file looks really healthy - I've been paying almost £1,000 a month now into my DMP so my debts are almost gone, everything gets paid on time etc etc.

Thanks in advance!

mazzamc_2

Hi

A few years ago I very stupidly signed up to B&E Debt Management without really seeing what else was out there.

Due to personal circumstances I stopped paying them a few months ago, and quite rightly the companies I owe money to are now chasing me.

I do want to start sorting this out, but have just spoken to CL Finance who I owe £201.00 to and said that I could afford £20 a month. They have said that this may be acceptable but I will need to fill out an expenses form, and even if this is ok, I am still going to have a CCJ against me, as I won't be paying off the total amount in three months. Are they allowed to still put a CCJ against me, even if I offered to pay the money back, and I will I still incure court charges. They have also sent my blue CCJ form to my old address which I am unable to get, and have told me they can't send out another.

I also have another debt with Fredrickson Internation totalling £1,159, what would be the best thing to do on this one?

Thanks

CCCS_Matthew

toottifrootti wrote: »

CCCS_Sarah - yes I am - sorry should have said that.

Hi tootifrooti. Sorry your post seemed to get lost in the middle of the thread, apologies for that.

We have a team of Scottish trained counsellors who will be able to go through your situation and provide you with your options to sort this out. If you want to book an appointment to speak to one of them, feel free to call our helpline on 0800 138 1111.

Matthew