Struggling with debt? Ask a debt advisor a question

maxipep

Hello, just a quick question about DMP with CCCS. I filled the budget sheet in and it said I had 165.00 a month spare which I presume would be divided equally between all creditors, supposing one of them says they arent interested, wouldn't that then make it virtually impossible to pay them off because the money I had spare each week would be paying all the other creditors,

System

ayyjay wrote: »

Back in 2004 bought a laptop from Dell for about £1500 - moved house in 2005 and never heard anything from them - they have sold the debt to Red Car? and they are now wanting the money - i thought if they hadnt had any contact in 6 years they had to write it off - or are the agency trying their luck - what to do next? Neither me nor my ex husband are able to pay this debt off and think they shouldnt be chasing him anyway. Any help appreciated.

Hi Ayyjay and welcome to the forum.

If you moved house and didn’t update the creditors with your address they can view this as debt avoidance as it’s your duty to inform them of your current address.

The limitations act is explained below with a template letter to send them in the first instance. It’s also worth noting the limitations act does not wipe the debt, it just means that the debt is not enforceable.

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.
If you believe that the creditor is timed out to collect the debt, you may wish to use the template letter below.

Example letter – limitations act

From:
Name:
Address:
Postcode:
Date:
CCCS Client No:
To:
Creditor’s Name:
Account/Agreement No:

Without Prejudice

Dear Sirs
Ref
I do not admit any liability for your claim and will not be making any payment towards it, as it is now more than six-years since any cause of action may have accrued. Any claim would, therefore, appear to be statute barred under section 5 of The Limitations Act 1980 and any court claim will be defended on that basis.
In addition section 2.14 of The Office of Fair Trading Collection guidance states that it is unfair to pursue such claims where, as here, the creditor has made no contact during the relevant limitation period.
If, however, you have substantive evidence that your claim is not statute barred then please supply it to me within 21 days. If you are unable to provide such evidence please confirm that no further action will be taken against me.
Yours faithfully
(Signature)
(Print name)
I hope this helps.
Kind regards,
Mat

System

alcee12 wrote: »

hi looking for some advice on a car loan ,, i was with this finance company for years and unfortunately i fell in financial hardship last year and was 3 payments behind previous to that i asked if they would reduce my payments to help me out answer was bluntly no anyway they repossessed my car no notice turned up and took it but did get default letter they sold it at auction and after the payments i made and the amount they got for car i still owed £3300 but this was really the interest so they got there money back,,,, but they said interest comes off at first part of loan so hard these people ,,,,,they passed my account to a debt collection agent ,,then it went to another ,,,now another has contacted its only cos im not working and can only pay £20 per month they are wanting £100 at least they are saying so its going around all these debt companies help

Hi Alcee12 and thanks for your post.

It sounds like you would benefit from some free and impartial advice.

The first thing to do is put together an accurate income and expenditure budget and we can assist with this.

Depending on your situation there maybe a number of solutions available to you and we can also offer advice on how to deal with the debt collection agents until a solution is in place.

The first thing to do is 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,
Mat

System

nataz wrote: »

Hi just a quick question. Im been on a DMP with CCCS since feb 2010. I have just received a letter from Roxburghe about one of my loans. They are demanding F&F etc etc Of course I cant pay it and have obviously been paying the original creditor via the DMP

My question is do I need to do anything? Should I call CCCS and/or Roxburghe?

Thanks

Hi Nataz and thanks for your post.

If it looks like the debt has been sold onto Roxburghe you should give us a ring or drop us an email so we see can update our records.

I hope this helps.

Kind regards,

Mat

System

mitzy2010 wrote: »

Hi I have recently sent a SAR to the debt management company i was using, but left a year ago. I finally received a response, which included a letter written to me ( which i didnt receive) detailing phone calls from them to all of my creditors past and present, requesting balance of account, charges interest and date date was sold if applicable.

Is this allowed?, i feel very angry that they can speak to all these people about my accounts. I thought a SAR was a request for all information held about me, not permission to speak on my behalf?

Thanks in advance for your help

Hi Mitzy2010 and thanks for your post.

A debt management company are usually instructed to act on your behalf in regards to your debts, this could include calling and writing to your creditors on your behalf.

It would depend on the wording of the original agreement you signed with the debt management company as to what level of permission you gave them.

I hope this helps.

Kind regards,

Mat

LovelyLiv

Hello
I hope that you can help me.
I have been keeping an eye on my credit score for a couple of years now as in 2007 I defaulted on a credit card debt and obviously, have a default on my name - not good, especially as I want to get on the property ladder.
I've been as good as gold since then as I didn't really understand what I was doing back then and the implications a default has.

So, I keep tabs on my credit with Equifax every month. They say I have a 'poor' score of 406 and this default. However, I've just got an Experian report today and they said I'm 'good' with 939 and no mentioned default! I'm really confused as to what to do. Any advice on why this is?

Many thanks
Liv

System

fairybex wrote: »

After going backwards and forward with the wording of this they have now said they won't accept a full and final payment and have passed me on to somebody called Blair, Oliver and Scott who say they have 'reviewed' my finacial situation and will also not be able to accept my full and final offer!!! How on earth can they do this if I've never heard of them!!
Advice please

Hi Fairybex and thanks for your message.

It sounds like the debt has been sold on or passed to a debt collection company.

Creditors are not bound to accept full and final settlement offers and can take further action in recovering the debt once you have broken the initial agreement.

I recommend that you provide them with an income and expenditure budget that shows you cannot afford to pay the requested amount or the contractual instalments and that the full and final offer is a good one.

I hope this helps.

Kind regards,

Mat

System

petesrepairs wrote: »

I was wondering if anyone could help, I have spent several years abroad, 5 and a half to be more exact. When I first moved I managed to rack up a debt with my bank, who passed it on to a debt company to "hunt down". When I moved back to the UK I checked creditexpert.co.uk to find it was defaulted july 2005. but had never contacted the company as I wanted to get settled in before contacting them. I noticed after consulting creditexpert that the defaulted debt has gone off their site. After looking online I noticed that the debt is "statute-barred" providing I havent contacted the company acknowledging the debt. They have recently been sending me letters at my new address for the money but as yet I have not replied. After reading about statute barred on the national debtine site, it says "Use this letter to help you dispute liability for a debt where a creditor has not contacted you for over six years and you have not made a payment or written acknowledging that you owe the debt during this period." Now I have not made a payment or contacted them within the 6 years of the defaulted amount. But they have sent me letters, does that mean I am not able to send a letter stating the amount is statute barred as they have contacted me, or am I still able too?

Thank you

Pete

Hi Pete and thanks for your post.

I see Fermi has given an excellent answer to your question. If you have any further questions please post again and we'll try our best to answer.

I hope this helps.

Kind regards,

Mat

System

maxipep wrote: »

Hello, just a quick question about DMP with CCCS. I filled the budget sheet in and it said I had 165.00 a month spare which I presume would be divided equally between all creditors, supposing one of them says they arent interested, wouldn't that then make it virtually impossible to pay them off because the money I had spare each week would be paying all the other creditors,

Hi Maxipep and thanks for your post.

It’s entirely up to the creditors whether they stop interest and charges. No debt management company or charity can guarantee that creditors will do this.

Hopefully by showing them that you are making your best efforts to repay as much as you can the creditors will consider suspending charges.

We often find that some creditors will not stop interest or charges straight away, but will re consider their position after a few payments through the DMP.

I hope this helps.

Kind regards,

Mat

Whirley

Hi, I have a query..
I am currently on a debt management plan with cccs and it is nearing the end (wahoooo!). i have a few more months to pay. my question is this, what happens with my payment as some creditors will require less than the regular monthly payment than usual, will the excess go to the others that still havent finished? does this happen automatically? im a bit confused! thanks