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CCCS_Sue

adrian4design wrote: »

Apex Credit Solutions & Lloyds TSB

Hi I'm looking for some advice, its a bit of a long story but it all started with bank charge setc. etc. I argued with the bank over years worth of charges even raised a small claims case, which got stayed and I guess is now moot, during this time I lost my job and my overdraft charges mounted against my £500 overdraft the debt now totals £800 odd.

I argued withe Ombudsman that Lloyd s had failed in their duty as they never tried to assess me or offered any kind of a payment plan, unlike Barclay's which it pains me to say behaved exemplary, Lloyds never did anyhting but send threatening letters. Anyway the Ombudsman ruled the debt stands and that was months ago, January time since then nothing. Two weeks ago I got a letter from Apex saying their acting on behalf of Lloyds (Yeah right) and would I like to sort out payment so I called them and offered the lady £30 quid a month, which is about all I can spare as a small family and me the sole earner. They then demanded financial data so they could assess what I could afford and I said I had told them what I could afford and that they as a third party had no right to my data and I would have to take advice, I then said will you take my £30 and she said not without figures and there it was left.
I should have written but I have been a busy at work and today I have a letter saying:

"Apex Credit Management are dissapointed that despite our efforts to contact you regarding your debt with Lloyds TSB Bank plc. you have failed to reach any agreement with us.

We now believe that you are simply avoiding paying your debt and must therefore act in the best interests of our client.

We utilise external data sources to profile our accounts carefully and believe that you have the ability to make payments on this debt. Consequently your account will be passed to our internal litigation team in order to consider the best course of action for recovery of the debt outstanding. This may include legal action to obtain a county court judgment which may then seek to enforce by wat of a charging order or attachment to earnings application.

Please contact us yadah yadah yadah......."

No time frame given.

I just don't know what to do, I will happily pay them £30 a month if it is easiest but it would leave a bad taste, or can I tie them up in paperwork like CCA requests, challenge the validity of the debt. I never signed anything regarding the overdrafts and the manager who when I lost my job arranged the first £250 and subsequent increase to £500 overdraft then just vanished quite abruptly and the bank say they didn't know I lost my job.

Please, please help any advice would be appreciated.

Hi adrian4design and thank you for message

The creditors will need a copy of your income and expenditure to back up the offer you are making. After paying all your priority bills and other essential costs, whatever is left is the realistic amount you could offer.
A CCA request is normally used if you receive a demand for a debt that you know nothing about. If the creditor is unable to produce the original signed copy of the agreement, then they are not able to enforce the debt.
My advice would be that if you do feel you have a case where you feel your creditors have breached the CCA, speak to someone who can offer free independent advice, such as the Consumer Direct.

Regards
Sue

CCCS_Sue

helena83 wrote: »

Hi

I have all the paperwork for the DMP now. Having gone through the budget and the list of creditors there are a couple of changes I need to make to the amounts I owe and there is another account to add which has been missed while I was on the phone. What do I need to do about it and will it delay setting up the DMP?

Thanks

Hi helena83 and thank you for your message

You need to ring our client support team who will make the necessary changes on your budget for you.
If you have had advice from our online Debt Remedy, then you will need to call the Debt Remedy team.
This would not normally delay setting up your DMP.
It will depend whether the amount of the debt to be added will make a difference to the advice already offered.

Regards
Sue

Elvira2009

Hi, Please could somebody help me, this is a two part question. I am currently trying to put my past mistakes right and pay back one overdraft and two loans. I am in a payment plan with Moorcroft Debt Company and am currently paying what I can comfortably afford for the overdraft. I have spoken to them today and they have told me that they will be sending me a letter asking me to pay more money. I asked them why since I was paying what I could afford but putting it up might make me struggle and they said that an expenditure form where I list my incoming money and then my outgoings was only valid for 6 months and that if I want to continue paying the same amount I would need to fill a new one in. However, I didn't fill one in when I set up the original arrangement as it was all done by phone. Can I ask them to send me a copy of my original expenditure form that was done over the phone so I can see how my expenditures vary now as to when I filled in the form?

Also my second questions is, I have a loan with a major bank who have passed it onto a debt agency but when I rang the debt agency in question they said they have no record of it and are not collecting on it. I have tried to trace this debt down for over nine months now with the bank constantly ignoring my letters. If the bank has not got it and the debt agency has not got it, can I write to the bank and ask them to wipe the debt off my account? I can't pay what they can't find. Thank you.

callie_sunrise

CCCS_Sue wrote: »

Hi callie_sunrise and thank you for your message

If your car is essential for work, then it could be classed as a priority.
I do not have access to your full financial circumstances, but could you consider putting any spare money aside to save up for the car and make token payments to your creditors until you have enough? Or would this take too long?

If you have no other option than to buy a car on credit, then I would recommend that you call to speak to our client support team who will look at updating your budget and advise you further. It is possible that you may have to look at other options until your car is sorted out.

Regards

Sue

Hi Sue,

Thanks for the response!

It would take too long to save for a car. I need it to get to work and also drive to various places for work. I also have a sick mother who I need to be on hand for as and when needed.

What other options are you referring to?

Thanks,

MirjamL

I didn't know where to post this exactly, so if this is the wrong place...sorry...
Anyway. I am crying my eyes out because i just realized that we are so screwed (sorry for the expression). But few months ago, my partner had to take advance from his employer, which means he get less now for few months. So we could move into our own rented flat. Luckily we don't have any kids, just the two of us. Here's what's troubling me. Next month (to be exact, next friday), income 700. And outgoing money: rent- 600; council- 115 or something like that; tv license - 30; water/gas/electricity about 100; phones/internet/tv - 60; transport to work for him - 70. I am unemployed. So outgoing money clearly over the income. and i don't know what to do. we don't have even money for food... i can't get benefits, because we are relatively new to uk and i haven't worked here, so they propably won't give me any benefits. i am just crying here and don't know what to do.... how to survive.... i am not going to even talk about loans we should be paying back to friends and family... they can wait. can someone please help?

fermi

MirjamL wrote: »

I didn't know where to post this exactly, so if this is the wrong place...sorry...
Anyway. I am crying my eyes out because i just realized that we are so screwed (sorry for the expression). But few months ago, my partner had to take advance from his employer, which means he get less now for few months. So we could move into our own rented flat. Luckily we don't have any kids, just the two of us. Here's what's troubling me. Next month (to be exact, next friday), income 700. And outgoing money: rent- 600; council- 115 or something like that; tv license - 30; water/gas/electricity about 100; phones/internet/tv - 60; transport to work for him - 70. I am unemployed. So outgoing money clearly over the income. and i don't know what to do. we don't have even money for food... i can't get benefits, because we are relatively new to uk and i haven't worked here, so they propably won't give me any benefits. i am just crying here and don't know what to do.... how to survive.... i am not going to even talk about loans we should be paying back to friends and family... they can wait. can someone please help?

Hi.

Welcome to DFW & MSE.

I notice you have your own thread here ---> We need some advice!

If all normal users (non CCCS) could read and respond on that thread that would be great.

Thanks

JP1901

I posted this in the credit card section but it may have been in the wrong place so I have posted it here too - hope that is ok!

This may go on a while so I will apologise now. Basically I am after some help on how to deal with Capital One. I have been in touch with CCCS regarding my debt, after going through everything we agreed that before we went down the DMP route I should contact all the companies I owe money to myself & see if I could come to a mutual arrangement, I have done this now and every company has been helpful & all plans have been arranged and are being paid. Apart from Capital One. I offered to pay them £80 per month until the balance is paid off, they wouldn't accept this & said that I had to fill in a statement of earnings form, which they then did not bother sending, they have been calling & calling me (I have got to the point of ignoring their calls now which I know I shouldn't do), I explained to them (when I did answer) that I had not received this form so they said they would send this again, this finally arrived on Thursday, when I look through the form though they want all of my partners details, income only though, and then they want me to also provide copies of all my bank statements, wage slips & copies of all the household bills, do I really have to send this into them or is there another way I could deal with them & come to a mutual arrangement? Any advice or letter wording etc would be much appreciated, this is the last debtor I have to set up a plan with now.

Incidentally - I have been keeping up with the £80per month off my own back for the last 3 months as this is how long this has nowe gone on for.

Thanks

Julie

CCCS_Sue

Elvira2009 wrote: »

Hi, Please could somebody help me, this is a two part question. I am currently trying to put my past mistakes right and pay back one overdraft and two loans. I am in a payment plan with Moorcroft Debt Company and am currently paying what I can comfortably afford for the overdraft. I have spoken to them today and they have told me that they will be sending me a letter asking me to pay more money. I asked them why since I was paying what I could afford but putting it up might make me struggle and they said that an expenditure form where I list my incoming money and then my outgoings was only valid for 6 months and that if I want to continue paying the same amount I would need to fill a new one in. However, I didn't fill one in when I set up the original arrangement as it was all done by phone. Can I ask them to send me a copy of my original expenditure form that was done over the phone so I can see how my expenditures vary now as to when I filled in the form?

Also my second questions is, I have a loan with a major bank who have passed it onto a debt agency but when I rang the debt agency in question they said they have no record of it and are not collecting on it. I have tried to trace this debt down for over nine months now with the bank constantly ignoring my letters. If the bank has not got it and the debt agency has not got it, can I write to the bank and ask them to wipe the debt off my account? I can't pay what they can't find. Thank you.

Hi elvira2009 and thank you for your message

I would recommend that you send the creditors a copy of your income and expenditure so they are able to see your situation and how much you can realistically afford to offer.
Stick to the amount you can afford and do not be pressured into paying money you do not have.
Send the money with a copy of your budget to support your offer.

If you would like help in putting together a budget and making an offer, then you could call free for an appointment to speak to one of our debt counsellors.
The counsellor will also discuss all your options. To book an appointment with one of our trained counsellors you would need to contact our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

Alternatively you can visit our online debt advice facility called Debt Remedy. Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. This link will take you directly to Debt Remedy www.cccs.co.uk/ref/drcu
With regard to the debt that has been passed onto a collection agency, you could send the bank a request for a subject access report. This asks them to provide you with all the information they hold on you.
I have attached a link to booklet which has details and further information and gives a sample letter you could use. There is a fee for this.
click here

I have also attached a link to the OFT’s Debt Collection guidelines which states that it is unfair practice not to ensure that an adequate history of the debt is passed on.
It also states that it is unfair not to cease collection whilst investigating a queried debt.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hope this helps

Regards
Sue

CCCS_Sue

callie_sunrise wrote: »

Hi Sue,

Thanks for the response!

It would take too long to save for a car. I need it to get to work and also drive to various places for work. I also have a sick mother who I need to be on hand for as and when needed.

What other options are you referring to?

Thanks,

If you contact our client support team, they have all your information and will be able to discuss your options with you in more detail.

Regards
Sue

CCCS_Sue

MirjamL wrote: »

I didn't know where to post this exactly, so if this is the wrong place...sorry...
Anyway. I am crying my eyes out because i just realized that we are so screwed (sorry for the expression). But few months ago, my partner had to take advance from his employer, which means he get less now for few months. So we could move into our own rented flat. Luckily we don't have any kids, just the two of us. Here's what's troubling me. Next month (to be exact, next friday), income 700. And outgoing money: rent- 600; council- 115 or something like that; tv license - 30; water/gas/electricity about 100; phones/internet/tv - 60; transport to work for him - 70. I am unemployed. So outgoing money clearly over the income. and i don't know what to do. we don't have even money for food... i can't get benefits, because we are relatively new to uk and i haven't worked here, so they propably won't give me any benefits. i am just crying here and don't know what to do.... how to survive.... i am not going to even talk about loans we should be paying back to friends and family... they can wait. can someone please help?

Hi mirjamL and thank you for your message

You have certainly come to the right place for help.


I would recommend that you call us as soon as possible for an appointment to discuss your situation with one of our debt counsellors. Lines are open from 08.00 until 20.00 Monday to Friday. All our help and advice is completely free and confidential.
The counsellor will help you to put together a budget and then discuss options to deal with your situation and also look at how to try and maximise your income.

Regards
Sue