Extremely threatening letter please help!

angelfire

Can anyone advise on how to deal with the debts themselves? i've had loads of good advice re cutting back but nothing as yet that helps me with a place to start re negotiating with companies etc?

My debts are all quite old and I've read on other threads about companies having to PROVE the debts are mine etc - can anyone help me with this?

I've also been on the CAB website and it says on there my partner will also have to pay but surely this can't be correct? My debts are nothing to do with him?

lynzpower

!!!!!! wrote:

To be fair I don't think my expenditure isn't unreasonable, i'm sure there are plenty of people with budgets for clothes/sky tv/higher phone bills etc - I can free up SOME money by cutting back on our grocery shopping and ask for contributions from family towards my daughter's sports fees, but other than that thats that.

what happens in cases like mine where there is little to spare? I read all the time people saying 'they can't have what you haven't got', but these companies just carry on with their demands as far as I can see - this is why I keep sticking my head i the sand - because when I have tried to sort things out i've sent them an honest I & E and they've ignored it and continued with their threats!

I appreciate the help from people who have suggested ways of cutting back but once all the cutbacks have been made, then what?

The other thing is, I don't want to deal with these nasty companies - I want to repay the companies that lent the money in the first place!

i estimate that by appraising whether you NEED contact lenses, whether BOTH cheerleding and dancing is ESSENTIAL ( or could be paid by someone else ) and with the cutbacks in your food, you will have at least 200 a month, if not 250. You could also critically apraise whether you NEED the car, in which case this would free up a further 110 a month. If you can envisage life witohut the car ( taking into account bus fares or whatever instead) you could save i dunno maybe at least 50 a month through this. So you could have 300 a month spare to throw at your debts.

swampytiggaa

!!!!!! wrote:

thanks for that. I'd still have to buy disposables for nursery mind but it may help a little...

not necessarily..... my boy was in childcare using cloth nappies - you just have to supply the nappies and then give them something [a bag is good] for them to put the soiled ones in.

think nurseries have to be careful about refusing to use cloth - is a bit like refusing to allow a meat free diet for a veggie imo.

other money saver - I use flannels and water rather than baby wipes - cheap and good for the environment and baby's skin

oh and re cloth nappies - there are some yummy ones out there but personally i have got on best with terry squares.... they are cheap versatile and quick to dry pm me if you want any specific help with cloth [I have used cloth nappies on 3 children over 4.5 years so far ]

angelfire

but how do I set about contacting these places? Getting them to prove i owe them etc? These debts are old and one person on this thread has even suggested I shouldn't have to pay - how do I go about looking into this?

As much as I appreciate people suggesting ways of cutting back, I also need advice on reducing the debts themselves - I could quite easily stop eating, drinking, wearing clothes etc and give these companies ALL my money! At some point there has to be a balance struck! There's only so much cutting bacl you can do before there's little point in living at all!

angelfire

swampytiggaa wrote:

not necessarily..... my boy was in childcare using cloth nappies - you just have to supply the nappies and then give them something [a bag is good] for them to put the soiled ones in.

think nurseries have to be careful about refusing to use cloth - is a bit like refusing to allow a meat free diet for a veggie imo.

other money saver - I use flannels and water rather than baby wipes - cheap and good for the environment and baby's skin

oh and re cloth nappies - there are some yummy ones out there but personally i have got on best with terry squares.... they are cheap versatile and quick to dry pm me if you want any specific help with cloth [I have used cloth nappies on 3 children over 4.5 years so far ]

Thanks again - i already have gotten without wipes as you suggest, will give the terry nappies a go until we potty train - which will be asap!

lynzpower

I estimate that you owe 22600.

If you use the snowball calculator you can see where the money is best targeted.

I would find out about why the co is chasing you for 100% of a joint loan and get some advice on how to restructure this. CCCS or payplan will be able to negotiate with your creditors on your behalf about this, and the other debts.

MrsTinks

!!!!!! wrote:

To be fair I don't think my expenditure isn't unreasonable, i'm sure there are plenty of people with budgets for clothes/sky tv/higher phone bills etc - I can free up SOME money by cutting back on our grocery shopping and ask for contributions from family towards my daughter's sports fees, but other than that thats that.

what happens in cases like mine where there is little to spare? I read all the time people saying 'they can't have what you haven't got', but these companies just carry on with their demands as far as I can see - this is why I keep sticking my head i the sand - because when I have tried to sort things out i've sent them an honest I & E and they've ignored it and continued with their threats!

I appreciate the help from people who have suggested ways of cutting back but once all the cutbacks have been made, then what?

The other thing is, I don't want to deal with these nasty companies - I want to repay the companies that lent the money in the first place!

If they have sold your debt then you can't repay it to the company you originally owed it to... simple as that. Yes you could try to get interest frozen on your debts etc. but this WILL affect your credit score. Others here will be able to help advise you better on the exact details better than I can but my best advise right now is to speak to one of the debt charities about the legalities involved with freezing your interest.
Just getting the money written off with no effect on your credit file is not going to happen. They HAVE been trying to get the money from you, and infact you have breached the contract you originally signed by moving and failing to inform them...

I'm sorry but there is not going to be a magical solution that will get your debt written off without some kind of effect...

sportbeth

!!!!!! wrote:

but how do I set about contacting these places? Getting them to prove i owe them etc? These debts are old and one person on this thread has even suggested I shouldn't have to pay - how do I go about looking into this?

As much as I appreciate people suggesting ways of cutting back, I also need advice on reducing the debts themselves - I could quite easily stop eating, drinking, wearing clothes etc and give these companies ALL my money! At some point there has to be a balance struck! There's only so much cutting bacl you can do before there's little point in living at all!

OK, contraversial opinion here, but I will explain and I know people are going to come back and have a go at me.

If there has been no payment or admittance of the debt on your part for 6 years, provided that no CCJ has been awarded against you, you don't have to pay this bloodsucking leach debt collector anything.

The way it works is that the company you originally borrowed from will have written the debt off, the company that have contacted you are like an ambulance chaser, they buy the debt for pennies in each pound and then profit from hoping you don't know your legal rights.

Send them this letter, RECORDED DELIVERY

A copy of the letter to use if you believe the 'debt' is barred under the Limitations Act

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)


External references
http://www.lawcom.gov.uk/docs/cp151apa.pdf

If they have any proof you bet they will throw it at you.

This info was taken from https://www.debthelpuk.co.uk, have a look on there as well. If you have a conscience about the debt, you can offer to pay them 10p to get off your back once they admit they can't do anything to you. But regardless of how many times they have tried to contact you in the last 6 years, if you haven't admitted the debt in writing or made a payment then they can't touch you.

There are other letters available on their site re finding out who thinks you owe them and what you can do. But find out your rights and make sure you don;t let them back you into a corner

heybigspender2006

That information is exceptionally helpful to someone I know. Nice one thank you very much.

sportbeth

My pleasure. I do believe in paying what you owe, but not to someone who has no legal right to it and profits from peoples misfortune like a Debt collector does!

I also on the flip side believe in using the law to your advantage if you are in the right, which this lady's situation is