Help please - CCs, loans, O/Ds, don't know where to start!

TheBex

Hello guys, long-time lurker here.

I'm trying to help my Brother with his debts, and would like to court opinion on the best advice to give him. The situation is:

Credit Cards All with DCAs, no payments made for months, no contact since June and no interest.
Tesco (Fredrickson International) - 3500
Capital One (Robinson Way) - 2850
Morgan Stanley (Moorcroft) - 3500

Loans as CCs, but DCAs are still in contact
Black Horse PF (Mackenzie Hall) - 800
Home learning college (Apex) - 3200

Overdrafts as CCs.
Natwest (Moorcroft) - 2200
Nationwide (Fredrickson International - 2350
Halifax (Capquest) - 800

Halifax - joint account (with his ex, not me!), paid around 1500 in charges. Made an SAR with a cheque which they applied to the account ignoring the SAR. Have sent prove it letter to Capquest and are waiting on response.

So I thought what he should do, starting at the bottom, is
1. Report Halifax for a DPA breach, ask them again for the SAR and get on the charges there.
2. Send prove it letters for both the loans (when they come back, if the debts are enforcable, make a FF offer to Mackenzie Hall and set up a plan with apex.)
3. send the 2nd letter for CC charges to the CCs.

This is the bit I really need to check - since no-one's contaced him since June should we not just sit on the quiet debts and ignore them? We wondered if they've been quiet because they know they're unenforcable. Obviously with roughly 20K debt there's no spare money to pay them anyway, but I wondered if its best to ignore them until they're statue barred or go on the prove it route and try to get them written off due to unenforcability? What do you all think?

Thanks in advance, it's really difficult to advise someone else!

Bex

katsu

Bex,

Has he done an SOA? How much can he afford to make repayments?

I can't comment on the unenforceability route.

TheBex

Hello Katsu, thank you for your reply.

He's working that out for me. I expect it'll be about £100. We're thinking about a DMP.

The thing I'm really wondering about is shall we not remind the quiet creditors of his debt for the time being, giving him some breathing space to focus on the others?

I don't want to advise him to push through with the prove it route if there's a chance they'll start hassling him again, conversely, I don't want to miss a window of opportunity with the unenforcability in case that option is removed....

It's all a bit complicated compared to my own experience. :S

Horace

I would suggest doing a full SOA (statement of affairs) http://www.makesenseofcards.com/soacalc.html - follow the instructions on there to copy and paste it here. It is hard to comment unless we have seen the full SOA.

TheBex

Thanks Horace, but because he's not looking for help to cut down his outgoings, an SOA won't help much. His amount available to repay will be around £100.

I really just want opinions on whether it's best to keep quiet about a debt that you're not being hassled about, in the scheme of those debts. What do you all think about that?

thewad

How'd he get away with no bothering?
No statement every month either??

John

TheBex

Nope, no statement. I've no idea, it's quite a feat isn't it?! He hasn't paid for months... maybe the debts have been sold to a new DCA and there's a lag?

lully88

If its statute barred you have to wait for 6 years with no contact so if they call your bro and he confirms his name and data protection quetions its another 6 yrs. I suggest he pays them, otherwise he'll be looking over his shoulder as to wether someones chasing him.
Send a financial statment if he can only pay £100 per month to all his creditors then thats all he can pay, all further action will be delayed while the arrangment is in place as long as he sticks to it the DCA should contact him for defaultting then he can get on with hi life DONT GO TO DEBT MANAGMENT he will be throwing his precious money away for something you can do yourself,
try and find the britsh bankers association trigger figures- it tells you what gudlines agencies use when checking your financial statment

TheBex wrote: »

Thanks Horace, but because he's not looking for help to cut down his outgoings, an SOA won't help much. His amount available to repay will be around £100.

I really just want opinions on whether it's best to keep quiet about a debt that you're not being hassled about, in the scheme of those debts. What do you all think about that?