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StepChange_Pavan

Loobysaver wrote: »

I have had a debt collector knock on my door twice this week looking for my boyfriend. I have ignored the door but it is pretty obvious there is someone home as lights are on etc. (he left his card)

My boyfriend is not on the electoral roll at my address yet and the only reason the debt collector has called here is because he was hassling my boyfriends ex where she lives and she gave him our address. There is no other trail so show he lives here, i.e no credit card, no recent credit etc.

I would appreciate some advice
1. debt is over 6 years old
2. debt collector only has my partners ex word he lives here

HOWEVER, To put a spanner in the works I think my partners ex has admitted to the debt and has agreed to pay £10 per month towards it even though it is only in my partners name. This was before the 6 years were up so does this affect things?

We don't know what to do. Do we continue ignoring or do we need to start sending letters to the creditor?

Any advice would be great. Thanks.

Hi Loobysaver and thanks for your post.

The debt would only be unenforceable (under the Limitations Act) if either your boyfriend or his ex hadn’t made a payment or admitted the debt within the last 6 years. If his ex girlfriend has recently paid something towards the debt, the 6 year period starts all over again. However, even if the debt was unenforceable, this doesn’t write the debt off and your boyfriend is still liable to pay if it is his debt.

If he admits liability he can come to an arrangement to pay the debt back at a rate that he can afford. If he’d like some help with this he can contact us for some more advice.

I hope this helps.

Kind regards,
Pavan

chareverett

Hi, we have quite a bit of debt but cant seem to find any help. We have a £2,000 credit card debt, £1,200 in store cards and catalogues and my partner is always over his over draft limit so obviously gets more charges from the bank.
We're only suffering like this because he was made redundant when I was pregnant and didn't receive any benefits for 6 months so had no choice but to take out the credit card and use store cards and that to buy things we needed.
We really, really need some advice please?

Charlotte

Loobysaver

CCCS_Pavan wrote: »

Hi Loobysaver and thanks for your post.

The debt would only be unenforceable (under the Limitations Act) if either your boyfriend or his ex hadn’t made a payment or admitted the debt within the last 6 years. If his ex girlfriend has recently paid something towards the debt, the 6 year period starts all over again. However, even if the debt was unenforceable, this doesn’t write the debt off and your boyfriend is still liable to pay if it is his debt.

If he admits liability he can come to an arrangement to pay the debt back at a rate that he can afford. If he’d like some help with this he can contact us for some more advice.

I hope this helps.

Kind regards,
Pavan

Thanks but can you just clarify for me why the 6 years starts all over if it is my boyfriends debt and his ex has arranged some payments when its not in her name?

fermi

CCCS_Pavan wrote: »

If his ex girlfriend has recently paid something towards the debt, the 6 year period starts all over again.

Not true.

The debt is not in the ex's name and they are not liable for it.

You can only restart the 6 years by making a payment or acknowledgement if you are the debtor or their representative.

Certainly not the case for either here.

StepChange_Pavan

Loobysaver wrote: »

Thanks but can you just clarify for me why the 6 years starts all over if it is my boyfriends debt and his ex has arranged some payments when its not in her name?

Hi again,

I’m sorry for any confusion; I misread the post and thought that she had paid because it was a joint debt (in which case the 6 years would have started again). Fermi has also kindly clarified this for you.

If he still admits liability, we can advise him further.

Kind regards,
Pavan

StepChange_Pavan

muners wrote: »

Hello, I previously posted this:

Hello, I have noticed on my Equifax credit report today that Mackenzie Hall have carried out a table 1 search on me back in july and put down "outstanding Debt" I sent a statute of limitation letter to them at the start of august when i received a letter from them with just a reference number on it (unfortunately not recorded delivery). Today a received another letter from them with the details of the alleged debt (£3003.41 to HFC bank although willing to settle for £2252.56 within five days)

I paid this loan off in 2002 when my father left me some money in his will (much to the annoyance of my solicitor dealing with my divorce at the time) however I have no receipt for this. I have a letter from my bank stating even they do not keep recoreds going back that far.

I have written another Statute of Limitation letter this afternoon and will send it recorded delivery this time. I am wondering what my options are and any plan of action i can take including getting the table 1 search removed???


Since I sent this letter (nearly two months ago) I have heard nothing, had no reply no phone call etc. Yet the table 1 search remains on my credit report..... I am moving home in a couple of weeks what should I do??

Hi muners and thanks for your post.

I hope you saw our initial reply here: http://forums.moneysavingexpert.com/showpost.php?p=48786485&postcount=2672.

Initially you would need to contact the creditor, but if they are not responding you can contact the credit reference agency. Pages 19 and 20 of this booklet explain how you can do this: http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

chareverett wrote: »

Hi, we have quite a bit of debt but cant seem to find any help. We have a £2,000 credit card debt, £1,200 in store cards and catalogues and my partner is always over his over draft limit so obviously gets more charges from the bank.
We're only suffering like this because he was made redundant when I was pregnant and didn't receive any benefits for 6 months so had no choice but to take out the credit card and use store cards and that to buy things we needed.
We really, really need some advice please?

Charlotte

Hi Charlotte and thanks for your post.

We’d need to look at your situation in more detail to be able to advise you. However, I’d recommend that your partner opens up a basic bank account away from any of his debts. This will prevent them from taking his income towards the debt as soon as it goes into his account.

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.

I hope this helps.

Kind regards,
Pavan

Sparkles81_2

I wonder if you could answer a few questions on DMP.

After just completing the online assessment with CCCS, they have recommend that by £550 per month we will be debt in 5 years 7 months. Assuming they can stop the interest.

This seems a good option but I have a few questions...

How badly does going onto a DMP effect your credit rating?? Not asking to obtain a credit card again....never ever want one again for the rest of my life. But we will need to remortgage at some point in the future, we are okay whilst interest rates are low but in the next 5 years they will rise.

Also, when on a DMP you pay them via direct debt. But what if you get some extra cash you want to put towards the debts, can you make additional payments to your DMP??

The DMP is based on our current financial situation, but if I make an extra £100 each month say doing surveys for example would be great to add it to reduce the debt.

I think a DMP is going to be a our best solution but I know my husband will think there is some kind of catch and worry how much it will effect our crediting rating.

StepChange_Pavan

Sparkles81 wrote: »

I wonder if you could answer a few questions on DMP.

After just completing the online assessment with CCCS, they have recommend that by £550 per month we will be debt in 5 years 7 months. Assuming they can stop the interest.

This seems a good option but I have a few questions...

How badly does going onto a DMP effect your credit rating?? Not asking to obtain a credit card again....never ever want one again for the rest of my life. But we will need to remortgage at some point in the future, we are okay whilst interest rates are low but in the next 5 years they will rise.

Also, when on a DMP you pay them via direct debt. But what if you get some extra cash you want to put towards the debts, can you make additional payments to your DMP??

The DMP is based on our current financial situation, but if I make an extra £100 each month say doing surveys for example would be great to add it to reduce the debt.

I think a DMP is going to be a our best solution but I know my husband will think there is some kind of catch and worry how much it will effect our crediting rating.

Hi Sparkles81 and thanks for your post.

Going on to a DMP won’t affect your credit rating directly, but as you’ll be making reduced payments this will be marked on your file. Everything that goes on there will stay for 6 years and then will drop off after.

We usually recommend not worrying about your credit file – as you say you won’t be looking for any credit anytime soon anyway. You would need to weigh up the options, and unless there is another way of maintaining your payments a DMP could be your only option.

When it does come to remortgaging, we can recommend a broker that helps clients with adverse credit histories.

We don’t recommend that you vary the amount you pay every month. It’s better to save up any extra amounts and once you have a lump sum you can give us a call and we can recommend your best option. We don’t include any income that’s not guaranteed on your budget so it would be treated in the same way as money for overtime for example.

I hope this helps.

Kind regards,
Pavan

Sparkles81_2

CCCS_Pavan wrote: »

Hi Sparkles81 and thanks for your post.

Going on to a DMP won’t affect your credit rating directly, but as you’ll be making reduced payments this will be marked on your file. Everything that goes on there will stay for 6 years and then will drop off after.

We usually recommend not worrying about your credit file – as you say you won’t be looking for any credit anytime soon anyway. You would need to weigh up the options, and unless there is another way of maintaining your payments a DMP could be your only option.

When it does come to remortgaging, we can recommend a broker that helps clients with adverse credit histories.

We don’t recommend that you vary the amount you pay every month. It’s better to save up any extra amounts and once you have a lump sum you can give us a call and we can recommend your best option. We don’t include any income that’s not guaranteed on your budget so it would be treated in the same way as money for overtime for example.

I hope this helps.

Kind regards,
Pavan

Thank you for answering, very helpful.