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StepChange_Pavan

Tabitha_T wrote: »

Hi

We have received a card today from NCO which was redirected from our old house. The card is addressed to our limited company (which is in the process of Strike-Off) and relates to an old company debt with Orange for approx £200. We have been writing to Orange since the demise of our company last May and have kept them informed of the situation regarding the limited company. In total, they have received five letters from us, all of which have been ignored. We found what appeared to be a Head Office for Orange in Paddington and sent them our copy of the DS01 Companies House form back on 5 October 2010. There has been no acknowledgement from Orange of any kind.

Not sure what to do about this, our limited company is due to be struck off on 11 January 2011. As a limited company we are not personally liable for the debt but not sure dca's seem to think the same, anybody have any experience of this sort of thing?

We have a postal redirection on our old property, hence we have received this NCO card. It says that P Brown will be round on Tuesday (today) between 8am and 8pm. Obviously we won't be there but what do these people do in this event, anybody know? Just what powers of tracking do they have and what lengths will they go to?

Any help appreciated, a worrying situation for us..

Hi Tabitha T and thank you for your post.

We are only able to give advice on personal debts. For help with your business debts you can contact Business Debtline.

Kind regards,
Pavan

michellefromessex

Hello need a little bit of advice regarding 2 debts from years ago that are both operated seperately through Link Financial, The first one has been going on for 10 years now and I have been paying them £5 a month by SO, This week I received a letter saying id not returned their calls and ignored their letters (not received either) so I called them and they are now saying I need to give them a financial statement and start paying more. I said I wasnt prepared to do either my circumstances have not changed and that I will be continuing to pay the same amount. My question here is can they now take this further through the courts? can they make me pay more and do I have to send a financial statement to them?.

2nd debt is for a lot of money (as interest has been added) between me and my ex husband, we both received a CCJ about 10 years ago for this debt, my payments were for £2.50 a month, and not sure what my ex husband was asked to pay, I then divorced my husband and in our divorce agreement through the court it was established and agreed that he would take on sole payments of the CCJ debts, so I stopped paying my monthly payment, however Link started harrassing me last Oct saying my ex husband has not made payment since 2003 and that they would be looking at charges on my property (I gained the house in the divorce), I managed to contact my ex husband and he phoned them and offered them an amount (I dont know how much) to settle, they refused this amount and I dont know anymore regarding if he started payments to them. Again the last few weeks they started with phone calls everyday to me and letters, so today I have set up SO to them to start making the £2.50 per month payments again, I am worried because I am in the property with my now current partner (his name is now on the mortgage) that they will come knocking on my door and expect goods to be taken in payment. Can Link make me start paying more money to them each month even though the CCJ was issued at £2.50 per month?

Thanking you so much in advance for these two questions which are causing me much stress at present. x

sickasachip13

Hi there Sue and Pavan,

My situation: sent the first template letter from CCCS to all the creditors. Changed our bank accounts. Cancelled all DDs and set up the 'important' ones in the new account. Returned reams of paperwork and contract etc to CCCS and waiting to hear back from them. Letters from MBNA received back promptly telling us to cut up our cards (!) We now, I think, need to make token payments until the DMP is set up - we have got some postal orders - but is there a set letter to send with the POs to the creditors?
Thanks.

angry_tiger_2

have sent several letters to natwest about a loan that I had of 10,000 and £2000.00 left to pay. I ran up an overdraft of 3500.00 trying to pay this debt off after a divorce and losing everything I had. I now earn a lowly £15,000. I have consistently offered natwest £100 per month to pay off the loan but want to discuss the overdraft repayment as I never asked for the high an overdraft and as they would not deal on the loand payment, the overdraft was used to help keep up payments on the loan untill I lost my job. I was put into hardship but informed them I was now working 3 months ago and wanted to start paying 100 off the loan. They have now put me into recovery with Triton. I wrote to Triton informing them I had an appointment with CAB and sent them a copy of origianal letter to Nat west and my appointment letter with CAB.

I received ANOTHER letter today from Triton (3rd Nove) asking me to contact them. I am sooooooo mad. I just spoke to someone who said they wanted to go through my finances and see what i could pay. I told them I had ALREADY done this with Nat West and offered to pay 100 per month which Nat West would not accept and I was not prepared to do anything untill I have spoken to the CAB.

Triton informed me the phone calls would continue untill I came to an arrangement to pay them and go through my finances with THEM.

What more can I do?? I can even afford the 100 per month on my salary of 15000 after rent and outgoings but a family member offered to help.

What shall I do?? Any suggestions?? I might add I was a loyal customer of NatWest for 25 years and used to pay thousands into their my account. Now I have nothing I am being harassed by Triton.

CCCS_Sue

madmich666 wrote: »

Hi all,

It started when I got made redundant and hubby's hours at work were cut we couldn't afford to pay all the maintenance charge for our leasehold flat. The management company then doubled the already extortionate maintenance to over £2,000 for the year so of course we could not pay.

Then they started charging interest. In the Lease this states it is 1% but it is not clear as to whether that is daily, weekly, monthly or yearly and I am currently in contact with the freeholder about this.

So the management company are now charging interest worked out at 1% per week based on there being 4.33 weeks per month, personally I thought it had to be worked out at x added per week not rounded like that to work out per month. I am querying the interest amount any way because payments to be off set (due to me cleaning the building and not being paid but it coming off my balance) were not taken off.

Now please correct me if I am wrong but when I worked at a solicitors and dealt with interest on debts owed to the firm and for court documents (its been a long time hence I'm asking for clarification) we worked out the interest set at x per day/week etc and not charging interest on interest. Now the management company have set up an excel spreadsheet working out the interest each month but this is based on the figure for the month before with the interest added and therefore interest is being charged on interest. Someone else who I have spoken to about this said that interest cannot be charged on interest, is this correct?

Can any of you clever people give me any info on how the interest should be worked out per week at 1% (my brain has turned to mush since the birth of my baby and all the sums I use never seem to be correct) and if interest can be charged on interest. Any legislation about this that I can use when writing to them and any suggestions on wording would be very useful

Also I would like to add that I have contacted them about stopping the interest via letters as I have with all my other debts in order to pay off the amount owed but they have refused point blank about this and not sure where to turn next but I have a feeling that the interest is incorrect and want to deal with this before being able to consider the best way to deal with the debt.

Any advice on what I can do next?

Thanks very much in advance. I look forward to some advice and suggestions.

Mich

Hi Mich and thank you for your message.

Leasehold laws can be very complicated!

It sounds as though they are using Compound interest.


This is calculated on the balance outstanding including any interest already added. This means they are charging interest on the interest already on the account.


I have attached a link to the Leasehold Advisory Service.

The Leasehold Advisory Service is an Executive Non Departmental Public Body (ENDPB) funded by Government to provide free advice on the law affecting residential leasehold property in England and Wales. They also offer a mediation service.

http://www.lease-advice.org/

They may be able to give you further help and advice on how you stand regarding this.

Hope this helps.

Kind Regards
Sue

CCCS_Sue

michellefromessex wrote: »

Hello need a little bit of advice regarding 2 debts from years ago that are both operated seperately through Link Financial, The first one has been going on for 10 years now and I have been paying them £5 a month by SO, This week I received a letter saying id not returned their calls and ignored their letters (not received either) so I called them and they are now saying I need to give them a financial statement and start paying more. I said I wasnt prepared to do either my circumstances have not changed and that I will be continuing to pay the same amount. My question here is can they now take this further through the courts? can they make me pay more and do I have to send a financial statement to them?.

2nd debt is for a lot of money (as interest has been added) between me and my ex husband, we both received a CCJ about 10 years ago for this debt, my payments were for £2.50 a month, and not sure what my ex husband was asked to pay, I then divorced my husband and in our divorce agreement through the court it was established and agreed that he would take on sole payments of the CCJ debts, so I stopped paying my monthly payment, however Link started harrassing me last Oct saying my ex husband has not made payment since 2003 and that they would be looking at charges on my property (I gained the house in the divorce), I managed to contact my ex husband and he phoned them and offered them an amount (I dont know how much) to settle, they refused this amount and I dont know anymore regarding if he started payments to them. Again the last few weeks they started with phone calls everyday to me and letters, so today I have set up SO to them to start making the £2.50 per month payments again, I am worried because I am in the property with my now current partner (his name is now on the mortgage) that they will come knocking on my door and expect goods to be taken in payment. Can Link make me start paying more money to them each month even though the CCJ was issued at £2.50 per month?

Thanking you so much in advance for these two questions which are causing me much stress at present. x

Hi Michelle and thank you for your message

Although you say your circumstances have not changed since you started making the payments initially, I would recommend that you send an update of your income and expenditure so that they can see you are in the same position.
Then stick to your payment if that is all you can realistically afford.
If they are not happy with the amount you are offering and the debt has been defaulted, then they could look at issuing a CCJ.
If it does go to court, then the judge will consider what is a realistic amount to pay and the CCJ will be set at this amount.

With regard to the other debt, usually, if a debt is in joint names, then you are both joint and severally liable for the repayment. If your ex has not kept up the payments on a CCJ, and you have not made any payments, then the creditors can take further action and can go for a charge on your property.
I am not sure what your divorce agreement specified, but if you can prove that the debt was transferred to your ex husband, then you might be able to put in a defence against a Charge being issued. However, without knowing your full details, I cannot say whether this would be possible. You would certainly need to get some legal advice.
I have attached a link to a website called ‘Community Legal Advice’. They give free confidential legal advice and may be able to give you further help and advice on how you stand regarding this.
http://www.communitylegaladvice.org.uk/index.jsp

With regard to increasing the amount of the CCJ, they would normally need to go back to court. But again, if your husband agreed in the settlement that he would pay this, you need to find out how you stand legally.

If you would like some further help and advice regarding putting together a budget and looking at all your options, you can use our online Debt Remedy facility.
Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. This link will take you directly to Debt Remedy www.cccs.co.uk/ref/drcu
Alternatively, you can call free for an appointment to speak to one of our debt counsellors about your situation on 0800 138 1111.

Hope this helps

Kind Regards

Sue

StepChange_Pavan

sickasachip13 wrote: »

Hi there Sue and Pavan,

My situation: sent the first template letter from CCCS to all the creditors. Changed our bank accounts. Cancelled all DDs and set up the 'important' ones in the new account. Returned reams of paperwork and contract etc to CCCS and waiting to hear back from them. Letters from MBNA received back promptly telling us to cut up our cards (!) We now, I think, need to make token payments until the DMP is set up - we have got some postal orders - but is there a set letter to send with the POs to the creditors?
Thanks.

Hi Sickasachip13 and thanks for your post.

You should have received a ‘Notification of DMP’ template letter in your DMP pack that you can send along with your token payments.

It just explains that you are starting a DMP with the CCCS and you are offering a token payment until the start date.

If you would like us to send you another one, send us a private message with your client reference number and I will organise this for you.

Kind regards,
Pavan

CCCS_Sue

angry_tiger wrote: »

have sent several letters to natwest about a loan that I had of 10,000 and £2000.00 left to pay. I ran up an overdraft of 3500.00 trying to pay this debt off after a divorce and losing everything I had. I now earn a lowly £15,000. I have consistently offered natwest £100 per month to pay off the loan but want to discuss the overdraft repayment as I never asked for the high an overdraft and as they would not deal on the loand payment, the overdraft was used to help keep up payments on the loan untill I lost my job. I was put into hardship but informed them I was now working 3 months ago and wanted to start paying 100 off the loan. They have now put me into recovery with Triton. I wrote to Triton informing them I had an appointment with CAB and sent them a copy of origianal letter to Nat west and my appointment letter with CAB.

I received ANOTHER letter today from Triton (3rd Nove) asking me to contact them. I am sooooooo mad. I just spoke to someone who said they wanted to go through my finances and see what i could pay. I told them I had ALREADY done this with Nat West and offered to pay 100 per month which Nat West would not accept and I was not prepared to do anything untill I have spoken to the CAB.

Triton informed me the phone calls would continue untill I came to an arrangement to pay them and go through my finances with THEM.

What more can I do?? I can even afford the 100 per month on my salary of 15000 after rent and outgoings but a family member offered to help.

What shall I do?? Any suggestions?? I might add I was a loyal customer of NatWest for 25 years and used to pay thousands into their my account. Now I have nothing I am being harassed by Triton.

Hi and thank you for your message.

I can understand your frustration regarding this, especially after being loyal to Nat West all these years.

However, you need to get yourself back in control of your finances and, if you have not already done so, you could start by getting a basic bank account elsewhere. Have your money paid into the new account and then set up an agreement with Nat West to pay the overdraft off at an amount you can realistically afford. This prevents them taking money from your account without your permission to repay the debt. It also puts you back in control of your money. I have attached a link to a booklet which has a list of basic accounts and gives you further information.
http://www.moneymadeclear.org.uk/pdfs/bank_accounts.pdf

Once you have a new account, (or if you have already moved to another bank), put together a budget showing your income and expenditure and send it with an offer of payment you can afford and stick to the repayments. Even if Triton refuse your offer, send it anyway.

If you would like some further help and advice regarding this you can call free for an appointment to speak to one of our debt counsellors on 0800 138 1111.
Alternatively, you can use our online facility, Debt Remedy.

Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. This link will take you directly to Debt Remedy www.cccs.co.uk/ref/drcu

Kind Regards
Sue

sickasachip13

Hi Pavan. Thanks for clarifying, I will use the letter as suggested (just wasn't sure if there was another letter to be used instead).

sj1977

Hi CCS_Sue, having a few issues with money owed to Welcome finance. have a vehicle that is on HP and have arrears of £1400, I asked for them to put in writing and I will contact them, as I don't wish to deal over telephone. They said they will only send out standard letters asking to ring them, even though I said that won't be suitable to me. I asked about timescale of repaying arrears (they said no timescales) so I said can I pay and additional £10 for next few month until back on feet. I was told no and as a favour if I pay the £1400 by December they will halt reposession. I asked for this in writing and was told no. I know the £10 additional will take 12years to repay but I don't intend to leave it that low. I also received a letter stating we've paid £3700 of the loan, and in the credit agreement it says if I pay £3400 car cannot be recovered without Court Order , which they do not have. I was told that figure on the agreement didn't take into account other figures? I said this is not mentioned and said that contrdicts what I have in writing. I asked if they could see that and I was told they could see what I was reading but would not confirm what I said.

At moment recovery firm turned up at 10pm and tried to recover car off my drive which I refused and called Police, they suggested to me leave them clamp car instead of taking, I wasn't hapy with theis seeing as the car firm had no right as far as I was concerned. They even blocked of my cul-de-sac with the lorry.

The police officer wasn't sure what to do and said that the clamp was best method until resolved with Welcome. who also said they wont remove clamp until all arrears paid.

help?

edit. I also asked why not received letters saying coming for car, they said 8 cards posted, which none received, they have also tunred up at home unannounced and continue to ring even though we had written to them to stop and deal only in letter, I was asked is there a reason why not dealing on phone so I said yes. as people can get confused.

there was a soem sort of repo order made in April which was stopped and extra paym,ents made but we overstretced ourselves so I was told they just re-initialted the repo order with no letter.