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Struggling with debt? Ask a debt advisor a question

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  • yeh 3 grand :-(
  • Hi guys,

    I received a letter from Adventist saying they was acting on behalf of Lowell group, saying I owed them money blah blah. Never heard off them so sent them a letter regarding consumer credit act and that I wanted the signed agreement etc etc. received a reply from them today saying

    "we acknowledge from your correspondence that you require a signed contract with THREE mobile and yourself, we advise that as mobile telecoms accounts are not covered under the CCA 1974 a signed contract is not required to open one of these accounts. Therefore a contract will not exist and cannot be provided by our client"

    We have therefore requested copies of the bills from our client for your reference, we have placed your account on hold in the meantime, which will suspend any further action whilst we await there reply.

    Now I never have or have any recollection of being with three mobile I have been with orange for over 5 years. Now if I haven't signed anything how can they prove this is my debt..

    Please help just cleared all my debts and this seems to have come from know where.

    Dave

    Hi Dave and thanks for your post.

    It’s best that you wait for the copies of the bills to see if they are in the correct name and address. If they are and you don’t remember taking the debt out, it could have been fraudulently opened on your behalf.

    If this is the case you would need to take it up with Three in the first instance and get the Communications Ombudsman involved if they don’t respond to you.

    I hope this helps.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • GaynorT wrote: »
    I defaulted on an MBNA credit card in 2002. I have been paying £1 per month to LINK since 2004. In April 2012 they demanded the outstanding debt of £3509.53. I do not have this amount. Today I received a claim form the court as they have now instigated Count Court proceedings against me for £3695.53. I cannot afford to have s CCJ on my credit file [which is currently excellent] as I have just gone through an expensive divorce with my house having to be put up for sale. I have also been left with approx £40k of debt with very little equity in the house. I am currently trying to obtain a mortgage, Can you advice on my best course of action as I do not have the money to pay this and have 14 days to respond [frustrating to receive just before the long BH weekend] Thanks in anticipation.

    Hi GaynorT and welcome to the forum.

    It’s important that you fill out the forms within the timeframe you’re given. There’s an article on our blog that gives you more information on what you should do, but please give us a call if you’re unsure http://moneyaware.co.uk/2012/01/received-a-county-court-judgement-ccj/.

    Unfortunately the only way of preventing it being registered on your credit file is if you were in a position to clear it in full. If you’re not, you’ll need to make an offer of payment that you can afford.

    If you’d like some more detailed advice, please call our free helpline on 0800 138 1111.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • muners wrote: »
    I have since received this information from Equifax:
    Dear .....

    Thank you for getting in touch.

    MacKenzie Hall - Kilmarnock Batch has investigated your query and have told Equifax that the search information is correct and should remain unchanged.

    This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information.

    Address: 58 Portland Street, Kilmarnock, KA1 1JG.



    Having investigated this matter I find it porudent to inform you that the account is not in fact satite barred.
    The last payment made to the account was on the 27th May 2006 for £181.34 which is not more than 6 years.
    the search will remain on your account as there is no reason to remove it.
    Furthermore, please be advised that the Limitations Act 1980 protects statute barred debt against legal proceedings. A search being carried out for the purposes of debt collection cannot be deemed legal proceedings and is therefore fully permissible.


    Where does this leave me?
    Obviously back in 2006 I had dollar off HFC although genuinely I can not recall this. Should I ask for all documents relating to the apparent debt from Mackenzie Hall and get things moving or what (only in writing of course) ? The table one search for outstanding debt is on my credit file. Other than that its clean as a whistle. I'm supposed to be looking at getting a mortgae next week and I know this will severely hamper that.... Help.

    Hi again,

    If you genuinely don’t remember taking out the debt you can write to the original creditor explaining this and they should look into it for you.

    Like the credit reference agency has mentioned, they can’t remove it without the creditor’s permission and as far as they can see there is no reason for them to remove it at the moment.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • StepChange_Pavan
    StepChange_Pavan Posts: 1,354 Forumite
    hamiltol wrote: »
    Hi all

    In brief i have the following outstanding debt to date:

    Halifax CC £7830 Years left ??????
    Nationwide loan £4600 Years left 3.5
    Lloyds car finance £1820 Years left 13 months

    Mortgage
    £109000 valued at £155,000 valued last month

    We are currently renting out the above property and are in rented accommodation this was because of a work related job position.

    we are covering all bills every month and have done a budget planner and are left with enough to feed and cloth our family.

    We have been toying with the idea of selling our house paying of debts and start enjoying life a little more. We have been in rented accommodation for 4 yrs the only reason for this was because of a short temr contract, my situ has changed and I'm now full employed and my partner and are not gaining anything from renting our house out, does not even cover the monthly mortgage. Looking back on this we should of sold house when we moved but kept the house partly for sentimental reasons.

    Now we want to move on. So do we sell, clear all above debts and whatever is left put down deposit on a new home, or do we carry on paying debts until they have all cleared.
    Or is there any other options for us.

    Many thanks
    Laurie

    Hi Laurie and thanks for your post.

    It’s difficult to say what your options are in detail without looking at your situation as a whole. However, from what you’ve mentioned it sounds like selling the house is a good idea, especially if the rent isn’t covering the mortgage. You could then see how much you get from the sale before deciding what to do.

    Depending on how much money you have from the sale of the house you may be able to offer your creditors settlements for less than the debts are worth.

    If you’d like us to look at your situation in a bit more detail, you can call our free helpline on 0800 138 1111 and we can discuss your options.

    I hope this helps.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • StepChange_Pavan
    StepChange_Pavan Posts: 1,354 Forumite
    Worry wrote: »
    Hi Do you need to have a certain amount of debt before you can seek debt help?

    Thanks.

    Hi Worry, and thanks for your post.

    There’s no minimum amount of debt needed before you can get debt advice – it’s more about whether you’re struggling or not.

    If you’d like some advice on your situation you can visit our online debt advice service Debt Remedy (http://www.cccs.co.uk/ref/drcu) or ring our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm and Saturdays 9am – 3pm.

    I hope this helps.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • StepChange_Pavan
    StepChange_Pavan Posts: 1,354 Forumite
    bikkiboo wrote: »
    Hi,

    I have tried contacting through private messaging to the CCCS
    but it doesna seem to send??

    Can someone help with this?

    Thanks

    Vikki

    Hi Vikki,

    I’m sorry for the delay – we were closed over the bank holiday period but I’ve sent you an answer to your message.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • tazz72
    tazz72 Posts: 2 Newbie
    Hi. Desperate for some advice on my debts. Although I don't owe alot compared to some, about £5000, it's the fact that I haven't been working much in the last 6 years due to ill health and am on JSA at the moment that I can't settle them off. I've been paying what I can when I can but can't set up a fixed amount that most of the creditors want. They all want between £40 and £60 pounds per month which when you are getting £280 is impossible. I've offered to pay each of them £10 per month ( there's 5 of them ) but been told that this is unacceptable, or they can only accept payments of X amount, or their card system charges them £5 each time. I'm constantly bombarded by phone calls daily, which is annoying the hell out of my father whom I stay with at the moment because I can't afford to stay anywhere myself. What I was wondering is if there is indeed a minimum payment these companies can demand even when the circumstances and common sense say otherwise ? Thanks in advance.
  • Hi,
    Im in debt and struggling my od is currently 2315. And i have a credit card of 7412.
    I know we all have a bad deal but mine has been unique to say the least 4 yrs ago my ex husband had an accident resulting in him being paralysed unfortunately our marriage didn't work we divorced and due to his disability he got everything my name still remains on the mortgage and i have a charge on the property which doesn't come into effect until his death.
    since then i have had to rebuild my life with our now 5 yr old son, it has not been easy and to top it all off my son is now going through the process of being diagnosed with autism he needs care 24/7 which means i cannot work, i do have a new partner but his wages only cover our food costs. Is a Dmp my best option or should i talk to my bank and see if they can help i feel sick everytime a statement comes please can someone advise me.
    Thanks
  • tazz72 wrote: »
    Hi. Desperate for some advice on my debts. Although I don't owe alot compared to some, about £5000, it's the fact that I haven't been working much in the last 6 years due to ill health and am on JSA at the moment that I can't settle them off. I've been paying what I can when I can but can't set up a fixed amount that most of the creditors want. They all want between £40 and £60 pounds per month which when you are getting £280 is impossible. I've offered to pay each of them £10 per month ( there's 5 of them ) but been told that this is unacceptable, or they can only accept payments of X amount, or their card system charges them £5 each time. I'm constantly bombarded by phone calls daily, which is annoying the hell out of my father whom I stay with at the moment because I can't afford to stay anywhere myself. What I was wondering is if there is indeed a minimum payment these companies can demand even when the circumstances and common sense say otherwise ? Thanks in advance.

    Hi tazz72 and welcome to the forum.

    You shouldn’t be paying them money that you can’t afford – the minimum we would recommend is paying £1 per month per creditor as a gesture of goodwill.

    You can send them a copy of your budget as proof that you can’t afford to offer them any more. The only option they have to try and get more money from you is to apply for a county court judgment. The courts would ask for the same information and wouldn’t order you to pay anything more that what your budget shows you can afford.

    You can ask for the creditors to contact you in writing only if you feel that they’re harassing you by telephone.

    Paying token payments isn’t really a long term solution as it won’t clear the debts within a reasonable timescale. If you’d like some more details advice on your options you can visit our online debt advice service Debt Remedy (http://www.cccs.co.uk/ref/drcu).

    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 Helpline on 0800 138 1111 (free, including mobiles). We’re open Monday to Friday 8am - 8pm and Saturdays 9am – 3pm.

    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
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
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