Struggling with debt? Ask a debt advisor a question

CCCS_Sarah

daviekail9 wrote: »

Hi just wanting a bit advice i have a catalougue debt with littlewoods and it got sold on to nationwide debt recovery a while back but then i lost my job and they wouldnt take reduced payments i tried several times to get this but they point blank refused then a few months later they have sent me a statement saying the debt had went from 112.90 to 26.90 i tried to ring to make payment but they now say its been passed to lowell group i rang them and they explained it was a mis-calculation and the debt had went back up to 112.90 im very confused can they do this and where did the minus 86 pounds come from?? Help!!!

Hello,

It maybe worth requesting a copy of your agreement as this would also include all your transactions. I have added a letter below that you can use. This should hopefully help.

Sarah

Example letter – request for creditor information

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

Without Prejudice

Dear Sirs
With reference to the above account
Please will you send me a true copy of the original signed agreement together with an up to date statement of the account showing all transactions, including interest and charges, and a copy of any other document referred to in the agreement.
I understand I am entitled to this information under ss77-79 of The Consumer Credit Act (CCA) 1974.
I also understand that this information should be sent to me within 12 working days of you receiving this letter. The CCA states that creditors are unable to enforce an agreement until this request is complied with.
I am enclosing the £1:00 fee, payable under the Consumer Credit Act 1974, for each account.
Yours faithfully
(Print name)

CCCS_Sarah

spoll wrote: »

My parents have a dmp with the CCCS - all of the creditors except for one (the one owed the largets amount unfortunetly) have frozen interest and thanks to the monthly payements the debts are slowly coming down.

The one that has not frozen the interest is now taking parent to court to try and secure the debt against their home (or add it to the mortgage, we're not sure), using a Interim Charging Order (on land property).

Do you have any advice?

Thanks

A creditor will apply to the court for a charging order and an interim charging order will be granted if the court is happy that they own or part own a property. This is not a final charging order. Your parents will be given 21 days notice of a court hearing, the hearing will be to see if the final charging order will be granted.

The hearing will be in the Judges private chambers. If your parents object to the charging order they will have to write a letter of objection at least seven days before the hearing stating the reasons why the object. The objections should be taken into account by the judge at the hearing. I would recommend that your parents attend the hearing, so if it is not at their local court, they can apply for this transferring by completing a form called an N244 and explain the reasons why they can not get to the other court i.e. distance.

Possible defences that your parents could use are:-

Ø If the charging order would prejudice other creditors i.e. not enough equity for all creditors to have a charge on their house
Ø If the house is in joint names and the debt is just in one of their names
Ø Not enough equity to cover the debt
Ø If the total debt is below £5000 they could apply for an admin order instead


If the charging order is granted, your parents could ask the court if they can pay in instalments.

Your parents could ask the court for conditions to be added to the charge. For example, as long as the payments are maintained that they do not allow an order of sale.

If your parents want to attach conditions to the charge then they would also need to supply written evidence along with a financial statement.

Hope this helps, if they need anymore information then they can call our client support department and they will be happy to discuss this and send out a new financial statement if needed.

Sarah

CCCS_Sarah

fairybex wrote: »

I'll try and keep this brief.
Myself and my now ex-partner owe a lot of money (we were on a dmp) but most of it is in my name as I always had the better job, now we are seperated I will have to pay (22,000) on my own. With interest always piling on it will take me forever to pay it off, is an IVA an option?

My parents think they may be able to help but only if the creditors accept a lower full and final payment, does this happen?

Thanks for any support

It would really depend on your situation, so I would not be able to say without knowing your full financial details.

If you would like the CCCS to have a look at your options, you can call our helpline free on 0800 138 1111.

If an IVA was an option for you, this would stop the interest and charges and you would get a guaranteed end date so worth looking into.

Sarah

3431Anna

I would like to start a DMP with cccs for myself, my husband has a DMP for his own accounts which he has had for about 6 months would it be ok for me to have one also thanks

CCCS_Sarah

sylvie1978 wrote: »

Hello,

Please can you advise me?
I am in debt of £23,000 as a result of credit cards and loans. I am just about making minimum payments and paying my rent, but I am not going to be able to manage this for much longer and I am extremely worried. All the minimum payments needed leave me no money for essentials such as food, travel to work, basic clothing etc. This means I am having to increase my debt just to buy essentials, and am getting increasingly trapped in further debt. I have recently tried to obtain a condolidation loan at a much better interest rate which would have saved me £400 a month in payments and would have allowed me to repay my debt in 7 years, but this was declined by my bank on the grounds of affordability. I am desperate to get something sorted out before its too late! I have income of £950 per month after tax, and my essential expenses excluding repayments come to approx £450.
I would appreciate any advice you can give me on the best course of action for me to take.
Thanks in advance!

Hi Sylvie,

Thank you for your message.

The first thing you would need to do is put together a detailed budget. This would list all your priority living costs, you would need to include everything from rent, utilities down to food and clothing. Once this is completed, this will show you how much money you have left to service the debts. If there is a shortfall then you should seek advice from a free organisation such as the CCCS, CAB or National Debtline.

There are a number of different debt solutions, but your debt counsellor will be able to talk through these with you. If you would like an appointment with the CCCS then you can call our helpline free on 0800 138 1111.

In the meantime if you are really struggling, you would need to open a new bank account, arrange for any income to be paid into this account and switch over any priority direct debits. With regards your payments towards your debts, if you just pay them what you can for the moment as a goodwill gesture and explain that you are seeking advice.

Hope this helps

Sarah.

CCCS_Sarah

littleclover wrote: »

Hi
I have been looking at arranging a DMP with CCCS and have had a remedy set by yourselves. I am just wondering can I open a DMP on 3 of my credit accounts but not all as there are only 3 i have come into problems with since my husband was laid off last year; littlewoods, additions and mint. The rest i am keeping up with and some very close to ending so if I open a DMP on everything it may not be wise, if you get my gist!!!
Please help as I have agreed an ATP with littlewoods over 6 months but the other 2 have been passed over too and I'd like some advice before contacting them again
Thanks
bev

Hi Bev,

Thank you for your message.

You would need to include all debts in a debt management plan, as it’s an overall debt problem you are having not just with a particular debt. You need to treat all your creditors equally, so you would not be able to offer some reduced payments and not the others.

If you would like to discuss this, there will be a contact number in your pack. They will be able to run through this with you.

Sarah

CCCS_Sarah

3431Anna wrote: »

I would like to start a DMP with cccs for myself, my husband has a DMP for his own accounts which he has had for about 6 months would it be ok for me to have one also thanks

Hi Anna,

You would be able have an appointment to see if a dmp is an option for you, or if your husband’s dmp is with the CCCS you could look at a joint one. If you would like to go joint dmp with your husband, then he would need to call our client support department while you are there.

If you would like an appointment just in your name then you could call our helpline free on 0800 138 1111.

Sarah

lex1ngton

hello,
It was suggested i put this on here for advice thanks..

been sent a final letter today from barclays, had a loan of £25,000 and a ppi to go with it, costing £8283.94, i put in a claim for a ppi refund etc - and it has been up held, (so they are paying it back) however my loan has been passed to the barclays debt recovery unit about 2 years ago now and i have been paying just £1.00 a month as a nominal paymnet - (i am in dispute with them, in my eyes anyway) they calculated the repaymnet as
ppi premium £8283.94,
ppi interst paid £994.93
minus ppi paymnets reversed £1989.80

and they then said as the loan is in debt recovery they have sent a payment of £7289.07 to reduce the outstanding debt and a cheque to me for the reverse paymets with 8% statutory interest giving a cheque to me of £2129.09,

my question is this - are they allowed to take off £7289.07 and put it back against the debt ? - surely this is being like a preferred person ? - i have other debts that i owe surely i should have the money and then share it equally with the all the other people i owe money to equally - isnt it unfair on the other people i owe money to ?
can they do this ?
thank you
Lexington

tiredgirl

We had a friend stay with us for approx. 12 months whilst they renovated a home. This friend moved on to stay with relatives some time ago but mail is still coming to our home. Inadvertently I opened one of these letters and it shows that our friend is in arrears with her mortgage on the renovated property which they aren't living in. As our address is being used for the correspondence, if our friend gets deeper into debt will this affect our credit rating going forwards??

brokepaolo

Hi,

I'm waiting for my DMP to be set up, it won't be until the 1st of June. In the meantime, all my creditors have started calling me incessantly and emailing me about my accounts with them being in arrears, this despite me having emailed them all yesterday informing them that I am entering a DMP and will be sending them written confirmation of this as well as a token payment.

just now for example, I received an email with the following written in it:

'If you do not make contact, your account will be transferred to our Credit Control Team. I would like to remind you that upon applying for a loan you fully agreed to our terms and conditions, the Consumer Credit Agreement and also verbally confirmed that you were in a position to at the least, repay the interest on its due date. You also agreed that any outstanding balance you had with Cash Genie UK Ltd will fall outside of any debt management programme. You would have also been informed that calls are recorded. '

At the time of taking out this particular loan, I had not entered a DMP and while I understand that they are referring to the outstanding balance falling outside of the DMP, will they really insist on that?

their email then goes on to detail various courses of action they will take to recover the debt, which is of £170, including doorstep collectors etc..

The CCCS are sending me a letter for me to forward to my creditors which I should receive today and can then forward on tomorrow.

should I respond again to these emails stating that this is what I have been advised to do by the CCCS?

also, I cancelled my cards and direct debits to stop payments going out on the day they were due, the CCCS advised me to do this while I wait for the DMP to be set up, so my question is, how do I send them a token payment? do I send them a cheque? Do I pay cash into their account at the bank branch or should I send postal orders?