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  • AndyLGR
    AndyLGR Posts: 229 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    CCCS_Sue wrote: »
    A default notice is a formal letter telling you how much to pay to bring the account up to date and when you need to pay.
    Your creditor will usually send you a default notice after three to six missed payments. You are given at least fourteen days to pay.
    A default notice will also warn you that if you cannot pay your account will be cancelled and be ‘defaulted’. This means you can no longer use this facility to borrow money. The creditor can then:
    • Demand the full balance is paid immediately
    • Sell the debt to a collection agency
    • Begin court action to recover the debt
    • If the agreement is hire purchase, start proceedings to repossess the goods
    The creditor can only carry out these actions after the account has defaulted. If you pay back the arrears amount stated within fourteen days, no further action is taken. If future payments are missed a default notice can be issued again.
    A default notice is only required for debts regulated by the Consumer Credit Act.
    You do not have to make the full payment if you are unable to do so.
    You can carry on making payments through your DD.


    Regards
    Sue

    Thanks for the reply Sue.

    The missed payments occurred approx 3 years ago, I missed 5 in total. Yet the loan has continued with them taking the same amount out each month and without me missing anymore payments in that time.

    I have spoken to them and they said the end date of the loan was the beginning of March 2010. So now that its ended I owe them the amount they detailed in the default letter and I have 14 days to either pay it in full, but if I cant then they have said they will issue the default and it will go on my credit file. I am in a position whereby I can repay it anyway so I just wanted to check that a default will not be registered against me.

    Thanks again.
  • We have banked with the same B Soc for over 20 years, and have our mortgage, children's accounts and Child Trust Fund account with them. I am a mature student with a small monthly bursary. My husband works and his salary is paid directly into our joint current account. Due to our reduced income, our overdraft has crept up over the last 2 and a half years and last summer we had 2 months when a cheque and a direct debit were not covered by the funds in the account and were dishonoured, incurring charges. Our overdraft facility has just been reviewed and we have been told we have to reduce it from £3000 to £1550 within the next 3 weeks. Any attempt to negotiate a longer term has been met with negative consequences ranging from becoming credit blacklisted to having our account frozen. The only way we can resolve this is by using the remaining balance on a credit card as a credit transfer, incurring fees, but with an interest free period until November. I tried to explain that I will be able to start earning when I qualify in September, but all our requests fell in deaf ears. I feel we have been let down by this B Soc, as I understood they were supposed to have the interests of their customers first, but clearly not. Do we have grounds for registering a complaint regarding their bullying behaviour, and at what point and how should we change our banking service provider? Many thanks for any help you can give. JD
  • Looking for help, please........
    I have debts totaling less than £4k..2 catalogs, 2 store cards and a loan. Over the last few years I have had cancer twice and an injury to my spine which has caused me to take approx 2.5years off work, i then had to move from my parents house to my own flat. I earn £1002 per month and from that I have to pay rent, council tax, gas, electric, food, petrol (to get to work) and other living expenses..this leaves me with approx £10 per month spare!!! I have written to all of my debt to advise them of this and offering a nominal payment based on what I can afford, all but one refused. I am now getting letters and continuous calls from Reliable collection in relation to one of the catalogs (i owe them less than£500). The latest lettter is advising that the have made an appiontment to contact my home on wed between 6pm-9pm. I called to tell them that i do not agree to this apt and the rude person i spoke to said I would have to deal with the people who would come to my house!! Letter was from them so no idea who is coming. I have written to them numerous times explaining my circumstances and spoken to them on the phone but they wont stop. I dont know what to do next!!!!!!
  • Hi CCCS

    Next Directory are requesting that I sign and return a credit agreement that they have sent to me over the weekend, saying if I do not return the credit agreement signed they will no longer be able to accept my DMP.
    Obviousley they do not have a valid CCA and are using this letter as a smoke screen.
    What is the best way of responding to this request, as they are currently accepting my DMP and have frozen all interest.

    Thank you
    DMP mutual support thread member:327
  • Hi there,

    I would like to clear/sort out a debt that I had with my ex partner over 10 years ago. We defaulted on a loan and it was passed to a collection agency (EOS). I can't find their contact details at the moment but I have been paying for this debt alone £20 per month. I want to know if, (once I find their contact details) I can ask for the debt to be written off or for the company to accept a payment from me (lower than what is owed) to clear this debt sooner.

    Thanks
  • MyopicMoo
    MyopicMoo Posts: 274 Forumite
    Hi,
    I had a car through Welcome finance taken out in March 2008. The amount was just over 9k and 4k of interest was front loaded. Due to my husband being made redundant we were unable to keep up payments on it. When he got a job we offered to make an arrangement but were told that unless we paid all the arrears within days they would not do anything. We explained that this was not a possibility, so they said they would arrange for the car to be reposessed, we said that this would have to be the case but that we were willing to do it voluntarily. That was in November, they eventually reposessed the car in January.

    Having heard nothing since then, I finally received an HP statement this week. They have sold the car for just over 3k (right at the lowest it is marked as in Parkers). So now I still owe 6.6k. Is there anything I can do apart from coming to an arrangement and being tied to this disgusting company for the foreseeable future?
    Ebay challenge 2010 - £525
    :idea:August 2009: Debt _pale_: [STRIKE]£55895.56[/STRIKE] £43069.65 - £12825.91 paid off so far (23%)
    Council Tax Arrears Paid £6023.67/£6581.64 (92%) :j
    2009 (5 months) £5753.53 paid / 2010 £7072.38 paid so far
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    We have banked with the same B Soc for over 20 years, and have our mortgage, children's accounts and Child Trust Fund account with them. I am a mature student with a small monthly bursary. My husband works and his salary is paid directly into our joint current account. Due to our reduced income, our overdraft has crept up over the last 2 and a half years and last summer we had 2 months when a cheque and a direct debit were not covered by the funds in the account and were dishonoured, incurring charges. Our overdraft facility has just been reviewed and we have been told we have to reduce it from £3000 to £1550 within the next 3 weeks. Any attempt to negotiate a longer term has been met with negative consequences ranging from becoming credit blacklisted to having our account frozen. The only way we can resolve this is by using the remaining balance on a credit card as a credit transfer, incurring fees, but with an interest free period until November. I tried to explain that I will be able to start earning when I qualify in September, but all our requests fell in deaf ears. I feel we have been let down by this B Soc, as I understood they were supposed to have the interests of their customers first, but clearly not. Do we have grounds for registering a complaint regarding their bullying behaviour, and at what point and how should we change our banking service provider? Many thanks for any help you can give. JD

    Hello,

    Thank you for your email.

    Banks can close overdrafts at any time or reduce them. I would recommend that you open a new account at a different bank and move all your money into there as soon as possible. This means that your money is safe; I would recommend you do this for all your accounts.

    Once you have set up all your income to go into your new account and your priority bills to be debited from there, you will be able to come to an arrangement over the outstanding money.

    You will need to put together a detailed financial statement to see how much you can realistically afford to pay them. If you need any help to complete a financial statement and you want the CCCS to look at your options, please call 0800 138 1111.

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    Need_help wrote: »
    Looking for help, please........
    I have debts totaling less than £4k..2 catalogs, 2 store cards and a loan. Over the last few years I have had cancer twice and an injury to my spine which has caused me to take approx 2.5years off work, i then had to move from my parents house to my own flat. I earn £1002 per month and from that I have to pay rent, council tax, gas, electric, food, petrol (to get to work) and other living expenses..this leaves me with approx £10 per month spare!!! I have written to all of my debt to advise them of this and offering a nominal payment based on what I can afford, all but one refused. I am now getting letters and continuous calls from Reliable collection in relation to one of the catalogs (i owe them less than£500). The latest lettter is advising that the have made an appiontment to contact my home on wed between 6pm-9pm. I called to tell them that i do not agree to this apt and the rude person i spoke to said I would have to deal with the people who would come to my house!! Letter was from them so no idea who is coming. I have written to them numerous times explaining my circumstances and spoken to them on the phone but they wont stop. I dont know what to do next!!!!!!

    Hello,

    Thank you for your message.

    Sounds like these are standard collections letters you are getting. If someone did turn up at your home, they are not a bailiff and don’t have the powers of a bailiff. This means you can ask them to leave your property.

    You would be able to stop the calls; I have attached a letter below that you could use to send them.

    I would recommend that you have an appointment with the CCCS as soon as possible so that we can help you put together a detailed financial statement and look at all your long term options. If you would like an appointment please call our helpline free on 0800 138 1111

    Hope this helps
    Regards
    CCCS



    To whom it may concern

    Dear Sir/Madam

    I am writing to ask that you no longer contact me by telephone as your calls are causing me considerable stress due to the frequency, and that they are being made at inappropriate times. Please remove my telephone number from your database and send all future communication in writing to my home address.

    I have provided the most recent copy of my income and expenditure to make you aware of my current financial situation. I will continue to make my payment of x on the x of every month and will keep you informed of any changes in my circumstances as I am keen to resolve this issue as soon as possible.

    I understand that following this request if you continue to call I can contact the Office of Fair Trading to make a formal complaint.

    Please confirm in writing that your records have been amended.

    Yours sincerely
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    sandycarl wrote: »
    Hi there,

    I would like to clear/sort out a debt that I had with my ex partner over 10 years ago. We defaulted on a loan and it was passed to a collection agency (EOS). I can't find their contact details at the moment but I have been paying for this debt alone £20 per month. I want to know if, (once I find their contact details) I can ask for the debt to be written off or for the company to accept a payment from me (lower than what is owed) to clear this debt sooner.

    Thanks

    Hello,

    Thank you for your message.

    You could get a copy of your credit file, this will have the details of the lender on there.

    If you did have a lump sum to pay towards the debt then you could try and negotiate a lower settlement figure, this is known as a full and final settlement. I can send you an advice booklet on this if you want? If you want a copy of this send me an email to [EMAIL="contactus@cccs.co.uk"]contactus@cccs.co.uk[/EMAIL] FAO Sarah

    Thanks
    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    MyopicMoo wrote: »
    Hi,
    I had a car through Welcome finance taken out in March 2008. The amount was just over 9k and 4k of interest was front loaded. Due to my husband being made redundant we were unable to keep up payments on it. When he got a job we offered to make an arrangement but were told that unless we paid all the arrears within days they would not do anything. We explained that this was not a possibility, so they said they would arrange for the car to be reposessed, we said that this would have to be the case but that we were willing to do it voluntarily. That was in November, they eventually reposessed the car in January.

    Having heard nothing since then, I finally received an HP statement this week. They have sold the car for just over 3k (right at the lowest it is marked as in Parkers). So now I still owe 6.6k. Is there anything I can do apart from coming to an arrangement and being tied to this disgusting company for the foreseeable future?

    Hello,

    Thank you for your message.

    As you no longer have the car you would be able to make a reduced monthly payment. With regards your other options, I would not be able to say without knowing your full situation. If you would like an appointment to discuss this with the CCCS, you can call out helpline free on 0800 138 1111. Your counsellor will be able to help you complete a detailed financial statement and look at your options.

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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