Ask a CCCS counsellor a question

CCCS_Sue

kj1 wrote: »

hi
I have unsecured and am having to use further borrowing to keep up with minimum payments, I am considering a DMP as way of getting out of this cycle and become debt free. I have some concerns though:
1. my husband has always been good at paying off all his debt and he only has one credit card with a small balance which he is about to pay off if I take a DMP for the debt thats in my name will it negatively affect his credit history? Similarly if I have a credit card with the same company as he does will he have to give up his card, he uses a cashback card that he pays off in full every month.
2. I have a mortgage with the halifax and a credit card with them will this have any implications? My mortage fixed deal has just ended should I secure another deal before starting a dmp? I was told that halifax mortgages are seperate from the credit card part of the company so this may not be an issue.
Thanks for any help u can provide.

Hi kj1and thank you for your message

Your debt will not affect your husband, unless you have debts in joint names or he has guaranteed any of your debts.
Likewise, your credit card should not affect your mortgage.
What is important is that you keep up with your mortgage payment as this is your main priority.

Regards
CCCS_Sue

CCCS_Amanda

greenback wrote: »

Hi, I'm looking for some advice from a CCCS counsellor. I have an appointment with a debt counsellor next week and am trying to pull together all details of my finances. Here's my problem...

I took out two credit cards in June 2006. One from Marks & Spencer and one from Tesco. I didn't spend responsibly and both accounts got passed to Moorcroft debt recovery. I made irregular payments to both of these accounts with the last payment in Oct 2008. I phoned Moorcroft yesterday (with reference numbers) to find out what my outstanding balance was. After being on hold a couple of times, i was told that both of these accounts had been passed back to the original companies and I would need to contact them.

I phoned M&S and spoke to three different people. They told me that they had no record of my account and no record of me ever having any credit with them. It's the same story with Tesco.

I'm trying to sort my debts out and find out what I owe but I have never heard of debts and files just disappearing!

Any ideas or suggestions?

Hi Greenback,

Thanks for your message.

You could try to get a copy of your credit file before your appointment and see if you can trace the debts. Usually the credit file will show who is currently holding a debt.

Alternately, when you phone M&S and Tesco make sure that you are speaking to debt recovery and not just on the general information line. They should be able to trace the debt with your name and address.

I hope that this helps.

Regards,
Amanda

CCCS_Amanda

adler wrote: »

Hi,a quick question please.There are many adverts in the press who claim to wipe out credit card debts working on unenforceable credit card agreements.How true is this and how does this work?

Hi adler,

Thank you for your message.

There seems to be a lot of organisations offering “wipe-off debt” services for a substantial fee. It’s worth noting that consumer credit debts will only be written off, if there is clear evidence that the creditor in question has breached the guidelines set within the Consumer Credit Act. The commercial companies offering to wipe off debts seem to be advertising this to the wider market, without prior knowledge to the individual’s financial situation.
If you are in a position where you think your creditors have taken unnecessary action which breaches the CCA and have evidence that proves so, then you could consider going down the route of disputing the debt through County Court. I would be very careful of any organisation offering such services, especially when they are charging substantial fees with no guarantee of success, when it’s something that you could do for yourself.
My advice would be that if you do feel you have a case where you feel your creditors have breached the CCA, speak to someone who can offer free independent advice, such as the Office of Fair Trading.
More information can be found on the Office of Fair Trading website: http://www.oft.gov.uk/news/press/2008/consumeralert.

Regards,
Amanda

Morgans_Dad

Hi there was told to ask a CCCS expert for further advice on this as there has been some confusion.

Basically need to verify the date when the 6 year statute bar clock has started. I made last payments to debts in 2003, but started an IVA in 2004. I only started the process through a 3rd party company, we never got to agreeing on payments or anything as my income became to low for it to succeed but I think they wrote off for balances and latest info at the time.

Should I leave it until 6 years after the failed IVA to be sure, use the DPA to get all account details and see whether they have anything from the IVA on file, or am I safe to get just a statement and take last payment date as the start of 6 years?

Advice appreciated,

Morgan's Dad

gingerling

Hi all

I am considering contacting CCCS about my debt.
I have a mortgage which is upto date and currently all my debt is.
However I am using a overdraft to keep up with payment with my pay being cut by a great deal.
My main worry is that my loans and debt are not very old. 2 of my loans were only taken out in january with both having 3 months payment holiday so I have now paid 3 payments.
Will this pose a problem?
Also do CCCS have full access to my credit file?

cheers

Beauty_Therapist

I went off the rails when I was 18, and had a bad disagreement with my mum and left home suddenly. I'd been given a car to learn to drive, but it was off the road needing repairs and I'd cancelled the insurance and car tax to save money. Even though I hadn't passed my test, my boyfriend at the time pursued me to go and get the car when the family was out. He managed to get it running and we took it. I slept in it when I couldn't find a couch to sleep on and drove it around untaxed and uninsured. I'm very ashamed of what I have done and certainly do not expect any sympathy as on one rainy day after taking my boyfriend to work I lost control of the car and hit a brand new Mercedes. Luckily no one was hurt. I was charged and went to court, but wasn't given a custodial sentence. The accident woke me out of my insanity – what if I'd killed someone, or been killed. I needed to change my life. I was ashamed and couldn't go back to my parents. They are good people and didn't deserve a daughter like me so I went to college and trained to be a beauty therapist, working part-time in a shop (where I've been for six years). I managed to obtain assistance with accommodation through a charity that helps troubled teenagers. They were impressed with how hard I was trying to improve and helped me obtain a grant to set up my own beauty therapy business. I've since reconciled with my parents and they are willing to let me convert their dining room into a treatment room. But I can't get insurance as I have a bad credit rating.

My stupidity at 18 has made life very difficult, but I really am trying to turn things around. I am paying back the Mercedes insurance company for the damage to their car which they valued at £8,500. The Citizens Advice told me to fill out a form to show my income and outgoings which I sent to the insurance company. They increased the money I owe them to over £10,000 and agreed I pay them back £14 per month until my situation improves. It's going to take me forever to pay this debt, so my question is will I have a bad credit rating for the rest of my life because of the money I owe?

Before I left home I'd taken out a contract phone with Orange. When I was living on my own I went into my local Orange shop and asked them when the contract would end (the paperwork was back at my parents) and they told me September 08. So I told them I wrote to them and told them I wanted to cancel the contract as soon as the 18 months were up and stopped sending payments and using the phone in the September. To cut a long story short (lots and lots of letters from me to Orange), I was misinformed in the shop and the contract didn't end until the November. Even though I hadn't used the phone since the September, I ended up paying Orange up until December 2008 just to make them leave me alone. But I'm assuming this dispute with them has also added to my bad credit rating. Question two is, how do I remove the Orange dispute from my credit rating?

giddyg

Hi,
Please can you advise as I am going out of my mind with worry.
Today we have been to try and set up a basic bank account with Barclays, but we were declined. When we asked why, we were advised to contact Experian to get our credit history and it might be due to a CCJ (which we have never had) We were gutted as we are trying to prepare a new account as advised by your people at CCCS in readiness for our appointment on July 22nd. We were totally up front with Barclays and told them we have been late paying credit cards, but all our other credit was up to date. The Experian reports shows 1 default record and late payments, both on credit cards but all other credit satisfactory.
Where do we turn now? We have been told to apply to a bank for a basic account that is not linked to any of our credit cards or banks, which are Natwest, tesco, lloyds, MBNA capital one .

freedom777

We have been trying to get through to the bankruptcy team at the CCCS for over a week now and we can not so I have decided to post here. We are going through all the options of whether to go for an IVA or file for bankruptcy but have a lot of unanswered questions.

I am trying to find out whether my partner (not business) would be counted in my bankruptcy if she has a joint loan with me?

Also if we were able to pay this joint loan off and it was just all my debt, how would it affect her credit rating for me to go bankrupt (we live at the same address)?

How long does bankruptcy affect your credit score, is it for life?
Thank-you in advance.

CCCS_Sue

Morgans_Dad wrote: »

Hi there was told to ask a CCCS expert for further advice on this as there has been some confusion.

Basically need to verify the date when the 6 year statute bar clock has started. I made last payments to debts in 2003, but started an IVA in 2004. I only started the process through a 3rd party company, we never got to agreeing on payments or anything as my income became to low for it to succeed but I think they wrote off for balances and latest info at the time.

Should I leave it until 6 years after the failed IVA to be sure, use the DPA to get all account details and see whether they have anything from the IVA on file, or am I safe to get just a statement and take last payment date as the start of 6 years?

Advice appreciated,

Morgan's Dad

Hi Morgans Dad and thanks for your message.

It is difficult to say without knowing how far the application for the IVA had gone.
If the creditor can prove you wrote to them admitting the debt, or that you or anyone else owing the debt made a payment then the six years limitation period would start running from the date that contact or payment was last made.
Also it is important to note that if the creditor has been to court and there is a CCJ outstanding, then you cannot use the Limitations Act to dispute the debt. It does not matter how many years ago the creditor went to court, the CCJ will still exist.
You are entitled to a copy of any files the creditor holds containing the history of your account under the Data Protection Act 1998. A request for the file would not mean you were admitting the debt so it may be an idea to look at this first.

Regards
CCCS_Sue

CCCS_Sue

gingerling wrote: »

Hi all

I am considering contacting CCCS about my debt.
I have a mortgage which is upto date and currently all my debt is.
However I am using a overdraft to keep up with payment with my pay being cut by a great deal.
My main worry is that my loans and debt are not very old. 2 of my loans were only taken out in january with both having 3 months payment holiday so I have now paid 3 payments.
Will this pose a problem?
Also do CCCS have full access to my credit file?

cheers

Hi gingerling and thank you for your message

I would recommend you call us as soon as possible and make an appointment to speak to one of our debt counsellors.
If you are continually living off your overdraft, then you need to look at your income and expenditure and prioritise all your expenditure.
Otherwise, your situation can only get worse.
We do not have access to your credit file,but I have attached a link for you which explains how you can get a copy of your file and gives further advice regarding this. click here

The fact the loans are recent will not affect you getting an appointment to discuss your situation.

If you would like to talk to a debt counsellor about your situation, you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

Regards,
CCCS_Sue