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StepChange_Pavan

Moneymash wrote: »

Hi,
I have a few questions that I have sought help with on the main forums but sadly no joy, lots of views a a couple of responses but no concrete help.

I defaulted on my Capital One card in March. They sent me a letter saying that their nominated representative would be in touch but didn’t confirm who this would be. I then got phone calls and a letter from a company called f.t.c saying they were the managing agents for Capital One. However, I have received nothing from Capital One actually confirming this. F.t.c have a website you can make payments through called Capquest. To begin with I made two payments of £50. Which have been reflected in my outstanding balance at the top of the f.t.c. letters I have so far received? I agreed over the phone to make payments of £74.00 each month via the Capquest website. I got a letter from f.t.c. confirming this arrangement. I have paid the last two months.

My questions are:
How do I confirm that f.t.c are actually the managing agents for my debt?

Also, how do I get a statement/receipt, proof of payment, and any charges, or interest added and what my outstanding balance is (on a monthly basis if possible)?

Is it right that if you are in default you can no longer be charged interest ?

Also is the owner of the debt obliged to provide you with details of the debt e.g. payments made, any charges etc and what the remaining balance is, or is the third party you are making payments to obliged to provide this information?

I have seen in other threads that you can post an SAR and CCA and links to templates (at the time however I didn’t think I needed to do this so didn’t make a note of the information) Having now read that people have paid off debts to a third party that have nothing to do with the owner of the debt. Also that they have paid off the wrong debt I just want to be sure.

I fully intend to pay this debt off; I just want to put my mind at rest that I am actually paying the right people, what if any are the charges and what my balance is each month.

Hi Moneymash and thanks for your post.

It’s quite likely that Capquest are either collecting on behalf of Capital One or have bought the debt from them. Either way, I’d recommend that you contact them and ask for receipts/ proof of payments every time you send them money. You can also ask for detailed statements including any interest that they might be adding. Unfortunately they still have the right to add interest after a default has been issued.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

cezilxx wrote: »

Hi,

i am currently in a lot of debt with credit cards and finance approximately £16000. i have been making the payments and the debt is gradually reducing although it seems at this rate it will be about 15-20 years before it is all paid off. I pay approximately 550 a month off them but they are going nowhere.

anyway i have applied for a couple of loans to consolidate my debt and the repayments would half my monthly repayments and i could be debt free in 5 years, however they always get declined. i currently do not own my own property as we live in one of my father in laws properties. my mother has said she will act as a guarantor on a loan if this is possible but they all seem to have a maximum loan amount of £3000. i am going off on maternity leave in 3 months and will struggle to live off what i have left at the end of each month. i dont want an IVA please help.

Hi cezilxx and welcome to the forum.

It’s difficult to say what your best option will be without knowing more details about your situation, but we don’t usually recommend taking out further credit to pay off existing debts as this can sometimes make the situation worse.

Like you’ve already experienced, it can be difficult to get credit with a poor credit rating. I’d recommend that you compile an income and expenditure to work out how much you can realistically afford to pay towards your debts each month. If you’ll be going on maternity soon, it’s even more important to budget carefully and look at solutions that are flexible and will account for your change in circumstances.

You can visit our online debt advice service Debt Remedy (http://www.cccs.co.uk/ref/drcu) to help you find a solution to your debt problem quickly.

Debt Remedy will assist you in completing a financial statement with information on your household, employment, income, expenditure and debts. From this the service will automatically determine your options.

To help you fill in the form, it’s best to gather together information about:
• Your income
• Your expenditure
• The creditors you owe money to

You’ll receive a downloadable advice booklet providing a tailored solution for you based on your current circumstances and advice on ways you may be able to improve your situation.

If you’re not confident with computers or would like to speak to an advisor then you’re welcome to ring our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm.

If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

I hope this helps.

Kind regards,
Pavan

kefalos10

Can you advise me please. Know we've been stupid and done wrong but nothing you can say we will make me feel worse than i already do. We've been on a dmp with cccs for 8 years with about the same amount of time left. We pay£133 pm. Because this left us with practically nothing and we needed a new boiler plus my daughter got married we have taken out doorstep loans and used catalogues and now have additional debt. We were wrong i know but been on the plan so long and things happen. We are now considering all options ie bankruptcy iva or a new dmp. If i ring cccs will they just wash their hands of us?

debsydale

Hi
I have two problems first problem is I have a car with a car loan. I get paid £300 per month car allowance before tax and I pay my car loan with this, with my job I do a lot of driving and my car now has very high mileage, I am trying to trade it in but it is now in negative equity and no one wants it (or not for a decent price anyway) the only way I can get a new car is to pay the £2000 negative equity, money I dont have. I am in a lot of debt and really struggling, I know you say transfer credit cards to an interest free but what if you cant get another card. I dont have any CJD's or anything like that just a bad credit rating. I earn quite good money but it seems to be getting out of control, I would love a consolidation loan so it would just be one payment, but no one will give me one I really need help please

System

wunder wrote: »

Hi all,

I am new to this forum so please bear with me

Ok here goes, I had an old Barclay card debt, I never paid for over 6 years and it was in my maiden name, All of a sudden HFO find my address and start contacting me. Then Turnbulls lodge proceedings and I receive a claim form, which I return with a defence re statute barred defence.

Turnbull forward me copy statements from Barclaycard, no logo, no stamp, just typed in some software, in my maiden name and say the last payment was made in 2006.

Am I able to dispute the debt, re;

1. Authenticity of the documents
2. Name of debtor
3. Non production of CCA

Also am I able to request a copy of the CCA at this stage? I have requested copies of documents relied on under CPR.

They are saying they are going to apply to the court for a summary judgment, I have asked the court to stay the claim until the documents are provided.

Please help I have young children and cannot be dealing with this hassle. I am sure I did not pay anything since 2004 and they somehow have these plain paper printed statements in my maiden name. Any advice will be appreciated.

Hi wunder and welcome to the forum.

If you are disputing a debt, you are disputing the fact that the debt is yours. It could be difficult to dispute a debt that you say is yours, but is in your maiden name and at your old address.

Creditors are unable to legally pursue you for the debt if, after six years;

• The creditor has not already obtained a county court judgment (CCJ)

• You or any one else owing the money (on a debt in joint names) have not made a payment

• You have not written to the creditor admitting you owe the debt

This is known as statute barred and refers to the Limitation Act.

The creditors can argue that if you didn’t inform them of a change of address and name you have wilfully avoided paying the debt.

If they say you paid in 2006 you may need to provide proof that no payment was made (bank statements from the months the creditors say you made a payment) but again the court may ask why you weren’t making payments at the time.

I’d recommend that you put together an accurate income and expenditure budget and make an offer of payment that you can realistically afford, if the creditors do get a CCJ and you can’t afford the repayments that are set we can offer advice on how to vary the amount. But, it would be best to prepare a budget in advance of any hearing.

I understand that this is a stressful time but if you need any other advice at the court stage or after please feel free to ask.

I hope this helps

Kind regards
Mat

System

elsiepac wrote: »

Hi there

I am currently on a DMP with CCCS and have been since January 2010. In mid May I managed to reduce some costs and have quadrupled what I am paying on DMP each month, from £111 (last one on 1 May) to now £476 (first one paid 1 June so not yet showing on my statement).

I am obviously pleased that I have managed to do this, and whilst my budgets are now extremely tight, quite frankly I'd rather be debt free quicker than having luxuries!

By my reckoning, this means that my last payment will be slightly lower amount, but I will pay it on 1 November. So when CCCS pay my creditors on 25 (ish) November I will be debt free.

Fantastic!

One issue, I haven't been in touch with any creditors since a couple of months after it all started. Until I've started coming on these forums, it never occurred to me that the balances shown may not be accurate. I have no problem contacting them to get updates - I have proof that a couple of them definitely stopped interest and charges, however I, perhaps somewhat naively, believed that the rest of them would have as well. In the last month or so, it's dawned on me that this may not have happened and so I may not be debt free in November after all which is a huge blow.

The reason I have not phoned them is because I moved addresses last year. I am staying with my parents at the moment and am scheduled to move out in December this year. Whilst CCCS have my new address, I most certainly have not told my creditors I have moved, as I can't receive any communications to that address about debts. My fear is that by phoning them and asking for balances, they will make me tell them the address, and I just can't. I'm stuck between a rock and a hard place as I will happily ring up once I've moved out, but by then if it turned out there is still money owing, then a, I wouldn't be able to afford to pay it at the rates I am now - I will have precisely £150 a month spare when I move (but the point was this was going to be savings!) and b, I would have missed a payment by that point.

I'm starting to get really worried as I want my debts to be sorted once and for all, but I can't have letters to my parents house, I REALLY can't. Any suggestions for me? Starting to lose sleep over this, worrying about it all.

Sorry for huge post, couple of things I thought of was
1. When I changed my address with CCCS would they have changed it with the creditors and thus I'm worrying about nothing as they haven't contacted me at my parents house, maybe because my DMP is going really well?
2. Is there perhaps a way that CCCS can get my current balances on my behalf somehow? I really want to get this sorted, I'm just so worried about it all.

Thank you for your help

LC

Hi elsiepac and thanks for your post.

Congratulation on doing so well, sounds like you’ll be debt free soon.

You should always keep your creditors up to date with your current address. However, I’d recommend that you call the creditors and use your old address to pass data protection and then make you enquiries.

As you’ll hopefully be debt free in November I wouldn’t see this as an issue in the short term unless the creditors have taken any further action you are not aware of. The only way to find out about this is for you to call them.

If when you contact your creditors you find there are issues you might want to contact us for advice.

I hope this helps

Kind regards

Mat

System

kefalos10 wrote: »

Can you advise me please. Know we've been stupid and done wrong but nothing you can say we will make me feel worse than i already do. We've been on a dmp with cccs for 8 years with about the same amount of time left. We pay£133 pm. Because this left us with practically nothing and we needed a new boiler plus my daughter got married we have taken out doorstep loans and used catalogues and now have additional debt. We were wrong i know but been on the plan so long and things happen. We are now considering all options ie bankruptcy iva or a new dmp. If i ring cccs will they just wash their hands of us?

Hi kefalos and thanks for your post.

Don’t worry, just give us a call and we’ll look at the situation again.

It could be bankruptcy or an IVA is a better solution and we’ll advise you of all your options.

I hope this helps.

Kind regards

Mat

michelle45_2

Hi
Just a bit of advice please. I am about to start a DMP, when my statements have all arrived, however, I have sweet talked my boss into letting me have overtime for the next couple of months. Which, should work out after tax etc about 200.00 per month.

Should I save it up and pay in a lump sum or pay as and when I get it. Doesnt seem much monthly.

Michelle

System

debsydale wrote: »

Hi
I have two problems first problem is I have a car with a car loan. I get paid £300 per month car allowance before tax and I pay my car loan with this, with my job I do a lot of driving and my car now has very high mileage, I am trying to trade it in but it is now in negative equity and no one wants it (or not for a decent price anyway) the only way I can get a new car is to pay the £2000 negative equity, money I dont have. I am in a lot of debt and really struggling, I know you say transfer credit cards to an interest free but what if you cant get another card. I dont have any CJD's or anything like that just a bad credit rating. I earn quite good money but it seems to be getting out of control, I would love a consolidation loan so it would just be one payment, but no one will give me one I really need help please

Hi debsydale and thanks for your post.

We don’t usually advise on taking out any further credit.

If you are struggling I’d recommend that you put together an accurate income and expenditure budget and we can help you to do this.

It’s difficult to understand if your car is on Hire Purchase or an unsecured loan, either way we should be able to offer some advice.

I’d recommend that you ring our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm.

If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

I hope this helps.

Kind regards,

Mat

debsydale

Hi

Thanks Mat I will ring that number.