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katnkrisis

Long story shortish, my partner was made redundant in 2008, struggled to get work and in 2010 tried to commite suicide (had had enough, didn't suceed thankfully), he now has been diagnosed with severe depression and anxiety and is thus being cared for a mental health illness, he is at home but is unable to work. My income is all that is coming in and he is entitled to no benefits.

I have just under £30000 of unsecured debts and for the last year i have being paying £1 a month to my 5 creditors (with advice from Payplan and CAB), all have been very understanding, except one.
I have loan of just under £6000 with Black Horse and two weeks ago i recieved a phone call from dlc, saying that Black Horse had sold them my debt and they wanted full payment or 2% monthly. I have an income of £1260 and outgoings of £1363 (this is the least i can pay, watching every penny i spend). I have arranged from August last year to only pay interest on my mortgage, so that has helped. But although some of the other creditors have moved my debt they are all happy with £1 a month, for how much longer i don't know. When dlc rang i had no idea, but said i would like something in writing and i would send them my income and expeniture. I recieved their letter and they want as they had said on the phone or they would start legal proceeding, i then got a phone call today saying i had had 2 weeks and could i make a payment or they would start legal proceedings immediately. I have no money to give them and if i did agree to the 2% (and find it somehow), my other creditors would see this and want the same. They have said they will issue a ccj and "charge" against my house, if i sold it i would pay them with any money i make. I am not seeling my house anytime soon so what happens will they send the bayliffs round, i have a car that is worth £2000, but need that to get to work and have no other way to get to work (no public transport). What do i do? Can they take my car/ house/any personal items. I have nothing of great value. Why aren't the others doing the same and will they? I know i can't continue to only pay £1 to them, but hopefully when my partner is well and he can get some employment i will be able to put something more definate in place like an IVA (all unsecured debts are in my name only).
All this is putting a huge amount of stress on me and my partner, not helping his recovery and my state of mind. I just want to curl up and for it all to go away. Any advice/ support is much needed thank you in advance.

secretshopper75

Sue, many thanks for all your help, enjoy your retirement

Onyourcase

Hi I'm new,
I've debts with several companies and are trying to negotiate a solution following helpful advice from the NationalDebt Helpline. Most creditors are acting responsibly. However Lloyds TSB are harassing us by phone, all days of the week, at home and work, all times of the day. I always ask politely for them (and I'm beginning to recognise the same people) to stop calling and communicate in writing, also saying my wife (who has breast cancer) and I are finding there calls stressful and harassing. I've told them I'm logging the calls and I've mentioned paragraph 144 of the lending code. How can I get them to stop?

System

katnkrisis wrote: »

Long story shortish, my partner was made redundant in 2008, struggled to get work and in 2010 tried to commite suicide (had had enough, didn't suceed thankfully), he now has been diagnosed with severe depression and anxiety and is thus being cared for a mental health illness, he is at home but is unable to work. My income is all that is coming in and he is entitled to no benefits.

I have just under £30000 of unsecured debts and for the last year i have being paying £1 a month to my 5 creditors (with advice from Payplan and CAB), all have been very understanding, except one.
I have loan of just under £6000 with Black Horse and two weeks ago i recieved a phone call from dlc, saying that Black Horse had sold them my debt and they wanted full payment or 2% monthly. I have an income of £1260 and outgoings of £1363 (this is the least i can pay, watching every penny i spend). I have arranged from August last year to only pay interest on my mortgage, so that has helped. But although some of the other creditors have moved my debt they are all happy with £1 a month, for how much longer i don't know. When dlc rang i had no idea, but said i would like something in writing and i would send them my income and expeniture. I recieved their letter and they want as they had said on the phone or they would start legal proceeding, i then got a phone call today saying i had had 2 weeks and could i make a payment or they would start legal proceedings immediately. I have no money to give them and if i did agree to the 2% (and find it somehow), my other creditors would see this and want the same. They have said they will issue a ccj and "charge" against my house, if i sold it i would pay them with any money i make. I am not seeling my house anytime soon so what happens will they send the bayliffs round, i have a car that is worth £2000, but need that to get to work and have no other way to get to work (no public transport). What do i do? Can they take my car/ house/any personal items. I have nothing of great value. Why aren't the others doing the same and will they? I know i can't continue to only pay £1 to them, but hopefully when my partner is well and he can get some employment i will be able to put something more definate in place like an IVA (all unsecured debts are in my name only).
All this is putting a huge amount of stress on me and my partner, not helping his recovery and my state of mind. I just want to curl up and for it all to go away. Any advice/ support is much needed thank you in advance.

Hi Katnkrisis and welcome to the forum

I’m sorry to hear about you and your partner’s situation it sounds as though you’re going through a really tough time.

You have done the right thing by contacting all your creditors and making them aware of what’s going on. You are also correct in treating all your creditors equally at this point and not showing any preference.

In regards to court action and bailiffs, the creditor in question would have to apply for a CCJ and you would need to then default on this arrangement before any court bailiff could be instructed or any further action could take place. If any of your creditors did apply for a CCJ you would have the opportunity to make your offer of payment to the court.

You can read more about creditor action on our website.

If you do get any court paperwork you could contact us for further help.

It sounds like you have already had some good advice on how to deal with your current situation. If anything changes please get in touch.

Kind regards
Mat

System

Onyourcase wrote: »

Hi I'm new,
I've debts with several companies and are trying to negotiate a solution following helpful advice from the NationalDebt Helpline. Most creditors are acting responsibly. However Lloyds TSB are harassing us by phone, all days of the week, at home and work, all times of the day. I always ask politely for them (and I'm beginning to recognise the same people) to stop calling and communicate in writing, also saying my wife (who has breast cancer) and I are finding there calls stressful and harassing. I've told them I'm logging the calls and I've mentioned paragraph 144 of the lending code. How can I get them to stop?

Hi Onyourcase and thanks for your post,

Sorry to hear about your situation and your wife’s illness.

I’d recommend that you put your request in writing to the creditor concerned and send the request recorded delivery, so you have proof that they have received it.

The Office of Fair Trading has some useful advice in regards debt collection procedures. If you feel you’re being treated unfairly you can also make a complaint to them.

Below is a sample letter you could use to help you.

I hope this answers you question.

Kind regards
Mat

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

katnkrisis

Thank you very much Mat, i feel much less frightened having read more about ccj's and what the creditors can and can't do. I have also had a look at the thread regarding contacting the office of fair trading, in case they get more intimidating. Thanks again :beer:

Dennyjen

CCCS_Sue wrote: »

Hi Dennyjen and thank you for your message

If you have not got the information you requested, it has been two weeks plus one month since the request was made and they are not ceasing collections whilst the debt is in dispute then an offence may have been committed. You can consider reporting the creditor to Trading Standards and complaining about the breach of OFT Debt Collection Guidance – e.g. para 2.8(k) (not ceasing collection activity whilst investigating a reasonably queried or disputed debt).

You could also send the following letter:-

[FONT=&quot]From:[/FONT]
Name:
Address:
Postcode:
Date:
[FONT=&quot]To:[/FONT]
Creditor’s Name:
Account/Agreement No:
[FONT=&quot]Without Prejudice[/FONT]
Dear Sir / Madam
With reference to the above account.

I wrote to you on (date) requesting a copy of the above agreement
together with the relevant information under Section 77-79 of the
Consumer Credit Act (CCA) 1974. I enclosed the £1.00 fee. This letter was
delivered and signed for on (date).
I have not yet received the information requested.

The CCA allows 12 working days for this request to be fulfilled. The 12
days ended on (date) and you are now therefore in default of the CCA.
I understand that under the Consumer Credit Act 1974 creditors are
unable to enforce an agreement if they fail to comply with the request for
a copy of the agreement and statement of account under these sections of
the Act.
This means this debt is now unenforceable.

Yours faithfully


If they provide the necessary information you requested, then you will need to come to an arrangement to continue with the payments. You need to make sure these are realistic.Do not be pressured into paying more than you can afford.


If you require further help, you can contact us free on 0800 138 1111


Regards
Sue

Hi Sue

Thank you for your reply to my post. I have already sent the letter you suggested to the debt collection agency and they didn't bother to reply. I then received a letter along with a statement of payments made so far from the original lender - Santander, who suddenly seem to have reappeared on the scene after two debt collection agencies contacted me re this debt. I haven't replied to Santander yet until i hear further from you re the best way forward.

Kind regards.

Denise.

Jas5000

Hello

I am hoping for a bit of advice. I am looking to get on the housing ladder and get a mortgage at the end of the year so decided to perform a credit check on myself. I used to be reckless with credit cards spending etc going back many years. I have been paying everything off and have not defaulted on anything for about 4 years - I'm just about to start saving.

I usually check my credit report with Experian however went for a free option this time with "Creditscorematters". My report was fine, a 3/5 star rating. However I noticed at the bottom of the report was a link to previous aliases/addresses which showed my ex, old address etc. I clicked on this which redirected me to a seperate report based on a previous address I lived at with my disturbed ex partner. On this page I was mortified to see my name and a CCJ listed! This is something I haven't ever previously seen!

Then it all came flooding back to me (although I can't actually vividly remember - the joys of being a daft foolish 20 year old!). I believe I was a guarantor on one of his previous loans (silly me I know!) and it would appear that he defaulted so many times it went to a CCJ in Feb 2007. I haven't (as of yet) ever heard anything and its not like I have been in hiding. I have since been approved for credit cards elsewhere/had several credit checks after moving back home to my parents house which was my previous address. I would of thought they would of found me by now if they were trying? Other companies searching for me definitely did!

What I find confusing is that on my report it states I have 0 CCJ's however linking to a seperate address there it is, for £1900. Does anyone understand how this works? I would of thought they would link together?

I am not in contact with my ex any more and not sure what to do? I know he left our old address a few months after I did as I was stuck paying off various bills in that time. All I can see is that he is on Facebook and I know the area he is living in, but thats it. I'm not sure if I should look into it as I don't want to open up a can of worms as I am desperately trying to save towards a deposit for a house - it hasn't affected me yet so not sure if its going to cause problems in the future?

Any advice would be greatly appreciated

Many thanks

Jane91

Ive found myself in a position where im currently paying a DMP and im able to pay a little more per month on it.

My question is I have spoken to the people who i owe and they are willing in some cases to accept a lower final payment.

Should i just increase the amount i pay monthly to the debt management people or do i keep the money to one side and pay the debts off at the lower settlement fee? whilst also paying my current monthly payment.

The company i am with is fee free.


Thank you

Hunglish

Hi,

Looking for some good honest solid advice. Received advice from several different companies and banks that all seem to want to offer their own solutions rather than give unbiased advice.

To be short I am in a mess, due to many reasons, over borrowing in the past, closure of my business, end of relationship, and if i'm honest, plain carelessness and pretending the problems didn't exist.

My income has reduced from £4,000 per month to £950 due to my business closing. I saw this coming, but only when it was too late.

So now I have £6000 tax bill and £800 accountant fees to pay immediately.
£22000 in personal loans/credit cards owed, with monthly repayments of £750.

This is before I even begin to look at child maintenance and living expensives.
I am currently living with work colleagues abroad, so have no home costs, but this will end imminently. I will have to live somewhere. But how?

Please, where should I turn first?
Thanks for any help.