Struggling with debt? Ask a debt advisor a question

StepChange_Pavan

budgiewatch wrote: »

Hello i am in a mess and i could do with some advice please. I took out an IVA in 2008 for 394.00 per month. Total of debt was 32,000 to 5 creditors.
Due to 3 redundancies, one being very traumatic my health has been shot to bits. and since August 2010 i have only been able to get short term low paid jobs. I live in a rented Flat and i have no assets. In November the IVA failed and within two weeks i have had HSBC chasing me for 11,000.
This has been going on for nearly 15 years now and what used to be a total debt of 15,000 has grown to the above. I am on Jobseekers allowance and i am 54 years old.
any advice would be welcome.

Hello budgiewatch and thanks for your post.

We’d need to look at your situation in a bit more detail to be able to determine your options, but from what you’ve said there will definitely be a solution for you.

I’d recommend that you 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.

Kind regards,
Pavan

domino2112

Hi Everyone

Hopefully I'm in the right place and somebody will be able to assist me.

Basically a few months back out of the blue I received a number of letters from a debt collectors stating that I owed a certain amount of money to Lloyds TSB. I had no idea what this was for so ignored the letter, soon I received a letter from another company Geoffrey Palmer (or something similar) again asking for payment. Following the advice on these forums I sent the letter requesting proof of the debt. Soon the letters stopped, happy days.
About a month passed and then I received a letter from Robinson Way asking me to pay them for a debt to Lloyds. I sent the same letter asking for proof and got a letter back saying they would send me the proof soon. 2 weeks later I received a letter saying they could not obtain the proof and would no longer contact me.
Lo and behold I have just now received a letter from Moorcroft requesting I pay them.

What would be the best course of action? continue sending the letters to anyone who claims that I owe them money?
What I don't want is to damage my credit file or have to pay someone money I don't owe...

Thanks in advance!

Labmaranerlover

Hi,

I'm not sure If you can help but I recived a letter last night from scotcall stating that they are going to be making a doorstep visit in relation to an old barclaycard debt from when I was at uni.

I called them this morning as I was under the impression this was statute barred as the last time I made a payment or acknowledged the debt was may 2005

They told me they don't have it going statute barred until 2013.

I asked them if they could send me details as to where they get this date from and they asked me to contact cabot European financial ltd as they had the details.

I called Cabot who told me they have it going statute barred in 2012 but refused to give me any details saying I needed to deal with scotcall on this.

I'm now really stuck because I still maintain this debt is statute barred as Cabot confirmed last payment was may 2005 but neither company is wiling to give me the details.

Scotcall also said they will not put any type of hold on the account whilst this is investigated and that I must pay the full amount immediately or face court proceedings.

Please help....I feel like I'm being pushed from pillar to post!

Many thanks

Miss stressed out!

StepChange_Pavan

domino2112 wrote: »

Hi Everyone

Hopefully I'm in the right place and somebody will be able to assist me.

Basically a few months back out of the blue I received a number of letters from a debt collectors stating that I owed a certain amount of money to Lloyds TSB. I had no idea what this was for so ignored the letter, soon I received a letter from another company Geoffrey Palmer (or something similar) again asking for payment. Following the advice on these forums I sent the letter requesting proof of the debt. Soon the letters stopped, happy days.
About a month passed and then I received a letter from Robinson Way asking me to pay them for a debt to Lloyds. I sent the same letter asking for proof and got a letter back saying they would send me the proof soon. 2 weeks later I received a letter saying they could not obtain the proof and would no longer contact me.
Lo and behold I have just now received a letter from Moorcroft requesting I pay them.

What would be the best course of action? continue sending the letters to anyone who claims that I owe them money?
What I don't want is to damage my credit file or have to pay someone money I don't owe...

Thanks in advance!

Hi domino2112 and thanks for your post.

It sounds as though they can’t get proof of the debt so they keep passing the debt on to other collection agencies.

If you’re certain that you didn’t take out the debt there’s no need to worry, but you could get a copy of your credit file to see what’s on there and be sure.

Other than that, it’s best to keep sending the letter and don’t make a payment until they can prove (or you find out) that it is your debt.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

Labmaranerlover wrote: »

Hi,

I'm not sure If you can help but I recived a letter last night from scotcall stating that they are going to be making a doorstep visit in relation to an old barclaycard debt from when I was at uni.

I called them this morning as I was under the impression this was statute barred as the last time I made a payment or acknowledged the debt was may 2005

They told me they don't have it going statute barred until 2013.

I asked them if they could send me details as to where they get this date from and they asked me to contact cabot European financial ltd as they had the details.

I called Cabot who told me they have it going statute barred in 2012 but refused to give me any details saying I needed to deal with scotcall on this.

I'm now really stuck because I still maintain this debt is statute barred as Cabot confirmed last payment was may 2005 but neither company is wiling to give me the details.

Scotcall also said they will not put any type of hold on the account whilst this is investigated and that I must pay the full amount immediately or face court proceedings.

Please help....I feel like I'm being pushed from pillar to post!

Many thanks

Miss stressed out!

Hi Labmaranerlover and thanks for your post.

If the debt is statute barred, you need to get the proof before they apply for a county court judgement. You could make a subject access request and ask for the proof in writing. I’ve included some sample text below. Remember to keep copies of everything and send it recorded delivery.

You could also view your credit file to see if there is any information on there.

It’s important to note that if the debt is statute barred, this doesn’t write the debt off, but means they can’t legally enforce it. The debt will still exist.

Kind regards,
Pavan

**Sample text**
Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to ****

If you need further information from me, or a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate officer.

meme86

hi

just started up a dmp with cccs, with the first payment taken out of my account on the 1st January

my due date for payments for a credit card and my 2 loans is the 1st of each month.

if i remember correctly, the payments from cccs reach the creditors by the 25th of each month

would i need to send them a token payment before 1st jan, then everything is ok after? as i don't want to annoy the creditors anymore.

i have just sent 1 payment to the other credit card because that due date is the 19th december

domino2112

CCCS_Pavan wrote: »

Hi domino2112 and thanks for your post.

It sounds as though they can’t get proof of the debt so they keep passing the debt on to other collection agencies.

If you’re certain that you didn’t take out the debt there’s no need to worry, but you could get a copy of your credit file to see what’s on there and be sure.

Other than that, it’s best to keep sending the letter and don’t make a payment until they can prove (or you find out) that it is your debt.

I hope this helps.

Kind regards,
Pavan

Hi Pavan

Thanks for the quick response. I just checked my credit file and there is a default showing to Lloyds TSB which was added to the file in August of this year. I don't have any products with them and the last thing that I did have was a bank account from about 12 years ago?

Thanks

1worried1

Hi, I am writing on behalf on my brother who has had credit card debt for many years and has finally acepted my offer of help to sort them out!
we requested credit file from experian and had written the following letter to everybody on there as the debts are all at least 4 years old and he has no documentation relating to any companies or debt collection agency's

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974 together with my account statement.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque issued on my behalf in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully
Is has been more than the 14 days and one company (which hols 3 of the debts) hasn't replied so I assume we can now ask them to write off the debt? do you have a sample letter for this please?
also one has requested we send them a copy of the experian report? why would they need that? we have given name and address allready on the first letter? what would be your advise on the next letter we send to them and do you have a sample for that?
a couple have sent the £1 back and said the debt is no longer with them so can I request they remove the entry on the credit file? do you have a sample letter for this also?
another has sent the £1 back and said they don't know what the original debt is for as they have only bought the debt and can't supply any more information? it that possible?
sorry about so many questions, and thank you in advance for the answers

StepChange_Pavan

meme86 wrote: »

hi

just started up a dmp with cccs, with the first payment taken out of my account on the 1st January

my due date for payments for a credit card and my 2 loans is the 1st of each month.

if i remember correctly, the payments from cccs reach the creditors by the 25th of each month

would i need to send them a token payment before 1st jan, then everything is ok after? as i don't want to annoy the creditors anymore.

i have just sent 1 payment to the other credit card because that due date is the 19th december

Hi meme86 and thanks for your post.

It’s a good idea to let your creditors know what’s going on and what to expect. You should have received a ‘DMP notification’ letter with your welcome pack which you can use to let your creditors know that you’re starting a DMP.

You’re right that your money will reach your creditors by the 25th so if you have the money available, you can send a token payment along with the letter.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

domino2112 wrote: »

Hi Pavan

Thanks for the quick response. I just checked my credit file and there is a default showing to Lloyds TSB which was added to the file in August of this year. I don't have any products with them and the last thing that I did have was a bank account from about 12 years ago?

Thanks

Hi again,

It seems strange if you’ve not banked with them for 12 years. Was the account closed with nothing outstanding at the time?

I’d recommend that you ask them for proof of the debt (like you have before) and if they don’t provide it you can ask Lloyds TSB to remove the default.

I hope this helps.

Kind regards,
Pavan