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StepChange_Pavan

footprint wrote: »

hello I dont know if im in the right place here but I need some help ?

My boyfriend was declared bankrupt last year (October) and has been asked to pay £270+ a month to moonbeever. The insolvency service dealt with the case. When he was first bankrupt he was just split up from his ex therfore single. Now he is living with me and my 2 children and now has to pay child support to his 3 childrens mum. We have tried to contact moonbeever about reducing payments and they were so unhelpful. Told us they would send a new means assssment form and never did anything about it.

His repayments are killing us what can we do ??

Also how long do these payments last because he is not sure he thinks its until 2012.

Any help or advice on how to deal with this please ??

Thank you

Hi Footprint and thank you for your message.

I’d recommend that your partner contacts them again to ask for a means assessment form as his circumstances have changed.

If they still do not send you one, he could go back to his official receiver and he should be able to help.

If I am right in assuming that he has been given an Income Payment Agreement, this would usually last for 3 years. Again, he could check with the OR if he is unsure.

Hope this helps.

Kind regards
Pavan

StepChange_Pavan

RubySewSew wrote: »

Hi, I'm on the CCCS website using the online tool. I have entered my details twice but both times it has failed to store my debt details. Am I doing something wrong?

Hi RubySewSew and thanks for your message.

Did you get a web reference number? If you are still having problems, I’d recommend that you call the web support team as they should be able to access your details if they are stored or let you know if you are doing something wrong.

Kind regards
Pavan

footprint_2

CCCS_Pavan wrote: »

Hi Footprint and thank you for your message.

I’d recommend that your partner contacts them again to ask for a means assessment form as his circumstances have changed.

If they still do not send you one, he could go back to his official receiver and he should be able to help.

If I am right in assuming that he has been given an Income Payment Agreement, this would usually last for 3 years. Again, he could check with the OR if he is unsure.

Hope this helps.

Kind regards
Pavan

thankyou. rang moonbeever again and they are willing to talk shop now so to speak. thankyou very much

dexter555

Hi i have a 9 year old debt from a bank which i got overdrawn by about £1100 this was in 2001

Since then i moved about and forgot about it but a couple of years ago started to get recovery letters from all different companies, i am unemployed and recently got another letter i know i should not have ignored it but got a letter today to say that if i dont pay within 7 days recovery agent will visit my premises what can i do?

StepChange_Pavan

dexter555 wrote: »

Hi i have a 9 year old debt from a bank which i got overdrawn by about £1100 this was in 2001

Since then i moved about and forgot about it but a couple of years ago started to get recovery letters from all different companies, i am unemployed and recently got another letter i know i should not have ignored it but got a letter today to say that if i dont pay within 7 days recovery agent will visit my premises what can i do?

Hello Dexter555 and thank you for your message.

If you don’t already have a CCJ, have not made a payment or written to them admitting the debt within the last 6 years, the creditor is legally unable to pursue you for the debt.

This is known as statute barred and refers to the Limitation Act.

If you believe that the creditor is timed out to collect the debt, you could use the template letter below.
Alternatively, you could work out an income and expenditure and offer them a realistic amount that you can afford each month. You can use our online Debt Remedy facility to help you do this: http://www.cccs.co.uk/ref/drcu

Kind regards
Pavan

Example letter – limitations act

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

Without Prejudice

Dear Sirs
Ref
I do not admit any liability for your claim and will not be making any payment towards it, as it is now more than six-years since any cause of action may have accrued. Any claim would, therefore, appear to be statute barred under section 5 of The Limitations Act 1980 and any court claim will be defended on that basis.
In addition section 2.14 of The Office of Fair Trading Collection guidance states that it is unfair to pursue such claims where, as here, the creditor has made no contact during the relevant limitation period.
If, however, you have substantive evidence that your claim is not statute barred then please supply it to me within 21 days. If you are unable to provide such evidence please confirm that no further action will be taken against me.
Yours faithfully
(Signature)
(Print name)

dexter555

f you don’t already have a CCJ, have not made a payment or written to them admitting the debt within the last 6 years, the creditor is legally unable to pursue you for the debt.

Hi thanks for your responce pavan,

The money was owed to a bank and was never taken to court i dont have ccj and it was only 3 weeks ago that i recived a letter from a finacial company threating to take me to court if i did not repond to their last letter within 7 days, yet 3 weeks later i have got this letter saying that recovery agent will be visiting my home to commence recovery proceddures, the people who are pursueing the debt is some company who have bought the debt of the bank, i have never admtted to the debt or had any contact with the bank or debt companies at all

Tonylpool

Hi, I got myself into debt back in 2006 - some £23k and had a light bulb moment 2 years ago; as a result, I've made massive steps and now my debts are circ £9k with a debt free date of December 2011. A lot of it has been through the help and support on here.

However, I have been approached today by a company called Equidebt claiming payment for an MBNA debt of £2679.33. I have never avoided any of my debts but this is one I never had. This first raised its head last year when MacKenzie Hall wrote to me over the same alleged debt; at this point their client was Equidebt!

After almost a year of writing to MacKenzie Hall, they apologised and confirmed this wasn't my debt, their reasons were that erroneous information was supplied to them from Equifax.

After speaking to Equidebt today, I have told them the same and they have asked me to email them a copy of MacKenzie Hall's letter and a copy of my Equifax credit file. This debt does not and has never appeared on my Equifax file, but I don't know if I should let them have this?

Can you advise?

Regards and many thanks

Tony

skippyTT

Hi, I owe £36k & am making payments into a DMP of £400/month. I have recently started living with my girlfriend who was unemployed when we met. She has an income of approx £500/month & I am not sure how this affects my DMP?

On the face of it, it seems like as a couple my girlfriends income should be added to mine, but this seems harsh on her as non of my debts were her responsibility.

Would my DMP payment have to increase to the full £900 available or does Cccs consider them just my debt so it's just my income considered?

robert_m_2

Hi,
Just looking for some advice as to what my 'situation' holds for me further down the line.
Summary would be i seperated from my then partner May 2007, leaving me in a pretty bad way mentally and with various debt which i have not been able to make payments to, and considering the attitude of the banks and the hooooge penalty charges that they hammered me with when i was down and almost out, i quite probably wont be making any payments to.
There was a couple of credit cards for 2 or 3 thousand each which i have not heard from (last payments prob April 2007) and the main one of an unsecured loan with about 23,000 still outstanding.
Recieved court summons in Feb this year talking me to court over this and i decided to pay the £80 to defend it for the sheer annoyance factor before going BR. After remembering something from a radio money prog i realised i 'might' have a get-out-clause with the 2007 amendment to the 1974 CCA and turned up at court to defend myself. After 6 months of getting new court dates i got to the stage of the Sheriff going for a debate under Rule 22 which i dont really understand, but the pursuers dropped it a few days beforehand.
Dont think it makes that much diff apart from that i wont 'have' to go BR.
My query mainly revolves around what next.
I am in Scotland so i believe the debts become statute barred after 5 years from date of default. Will they still show up in credit checks at that point? Can the pursuers restart court proceedings for the 23,000 within this timescale? does the lack of a CCJ count for anything in rebuilding credit record??
Your advice appreciated.

CCCS_Sue

Tonylpool wrote: »

Hi, I got myself into debt back in 2006 - some £23k and had a light bulb moment 2 years ago; as a result, I've made massive steps and now my debts are circ £9k with a debt free date of December 2011. A lot of it has been through the help and support on here.

However, I have been approached today by a company called Equidebt claiming payment for an MBNA debt of £2679.33. I have never avoided any of my debts but this is one I never had. This first raised its head last year when MacKenzie Hall wrote to me over the same alleged debt; at this point their client was Equidebt!

After almost a year of writing to MacKenzie Hall, they apologised and confirmed this wasn't my debt, their reasons were that erroneous information was supplied to them from Equifax.

After speaking to Equidebt today, I have told them the same and they have asked me to email them a copy of MacKenzie Hall's letter and a copy of my Equifax credit file. This debt does not and has never appeared on my Equifax file, but I don't know if I should let them have this?

Can you advise?

Regards and many thanks

Tony

Hi Tony

I have replied to your message in PMs.

Let me know if you require any further advice.

Regards

Sue