Debt advice needed! Please help

miss_t_2

Hi,

I'm really hoping someone can help me in regards to my brother's situation. I've just come back to my parents (it's a religious day) and everyone is out at mosque. I decided to have a read of a new book that my brother had brought whilst I was waiting for everyone to come back, and to my horror, as I pulled the book of the shelf, loads of letters from Debt collection agencies fell down (I didn't know what they were until I saw an outstanding balance on one of them.

I know I shouldn't have looked at them (it was none of my business and believe me I regret it) but he has 3 different agencies chasing him for money.

Capquest often rung for him, but I didn't actually know who they were, and as I am typing they have just rung again now.

I am really upset, as we've always been close and am wondering why he didn't tell me he needed help. The letters are threatening to send bayliffs around to collect goods, but as I said he lives with my parents who know nothing of it.

I'm not sure what help I am asking for my posting this? I am going to pull him aside and tell him I know about what is going on, and am going to offer to give him money to pay off the two smaller debts. However one of them I think is a loan with a bank so there is no way that can be paid off by me.

I really wish I hadn't seen them now! Please don't have a go at me for looking at the letters it wasn't intentional, but any advice about what I can do to help would be much appreciated.

niccatw

I think all you can do is explain to your brother what happened, offer your support and advice and see what he wants to do. He may be relieved that he no longer has to keep it to himself.

There's tons of advice here, so point him in this direction. He can get any specific advice he needs. And those who are much more knowledgable than I am will be able to aske him the question they need to give the best available advice.

He's lucky to have a sister who is willing to help him out. All I would sayis, with regard to the money you are offereing to loan him for the smaller loans, you need to be aware that you might not see that money again if he can't/doesn't pay you back. Not saying that will be the case at all, just one of the things you need to be aware of when offering money to friends or family.

Good luck.

saltnvinegar

Hi Miss T

Obviously there has to be some sensitivity here. First of all your brother is probably embarrassed that he in debt, and maybe feels he has let his parents and you down. The important thing is to not be judgemental but treat it as a situation to be resolved.

I don't think you need to tell him about the letters. If Capquest are calling for him thats all you need to start with. Tell him you know they are a debt collecting agency and they told you they 'have an account'.

Next there is lots of help out there. There are debt charities (CCCS as an example) who will offer support and guidance on how he can tackle these debts. Alternatively ask him to post on here. Its completely anonymous and the DFW's here are all very helpful.

And I'm afraid you have now also discovered the nasty world of debt collectors. They CANNOT send baliffs round to collect goods for consumer debt (credit cards, loans) unless he has already been taken to court and had a CCJ made against him which he has failed to pay.

Again CCCS can help with this and the DFW's have a wealth of experience dealing with debt collectors.

Once the debt is repaid then thats only the start. Where he will really need help is preventing him getting back into the spiral of debt and this from reoccuring.

Good luck and if you need any help you know where we are

SnV

miss_t_2

niccatw wrote: »

He's lucky to have a sister who is willing to help him out. All I would sayis, with regard to the money you are offereing to loan him for the smaller loans, you need to be aware that you might not see that money again if he can't/doesn't pay you back. Not saying that will be the case at all, just one of the things you need to be aware of when offering money to friends or family.

Good luck.

Thank you for your help, I have realised that I probably won't see the money again but I want him out of this situation by causing as little damage to the family as possible! I think it is enough to make both my parents very ill through stress to be honest so want to avoid them knowing!


In regards to the bayliffs is that really true? I've been sitting here crying my eyes out through worry that my parents will have them knocking on my door. I don't think he has been to court, as then I am sure he would have said something, but it is a bit like "what do I know" at the moment.

I did have a feeling he was in debt, just because of the phone calls and asked him many a time and offered my support then. I guess I am a little angry at him for not telling me then. But saying that, having friends who are in debt, and being in a situation when I wasn't myself working and living on a shoe string budget I do understand he must have been embarrassed.

I will definitely be doing my best to help him sort this out and will hopefully be able to keep him out of debt once it's sorted.

Thank you so much for your help. I didn't know where else to go as I can't talk to anyone else about this.

saltnvinegar

miss_t wrote: »

In regards to the bayliffs is that really true? I've been sitting here crying my eyes out through worry that my parents will have them knocking on my door. I don't think he has been to court, as then I am sure he would have said something, but it is a bit like "what do I know" at the moment.

Obviously it depends on your situation but yes it is true.

There is a big difference between baliffs and doorstep collectors, not only in their powers but also how the can be appointed. If it is standard consumer debt (credit cards, overdrafts, loans) Capquest cannot 'send in the baliffs' unless a CCJ has been awarded and your brother has not paid it.

However (and I don't want to frighten you here but you need to understand how this could happen) your brother may have had a CCJ awarded against him without his knowledge if the papers were sent to a previous address (a nasty debt collecting agency tactic).

He can check this by checking his credit report with the standard Credit Reference Agencies.

However if this has happened he may be able to get the CCJ set aside if he can show that papers were sent to an incorrect address (A reapplication could be made by the creditor however).

You need to check urgently also whether the debt is consumer debt or court fines as the rules for baliff appointments are then different in these cases.

However lets be positive and hope that what they are really referring to are:

Doorstep collectors - have as much powers as a flea ridden poodle. They have no right of entry to your home and have no powers to possess goods. If you ask them to leave they have to and if they do not you should call the police.

If Capquest have not got a CCJ and this is consumer debt and are using the word 'baliffs' instead of 'doorstep collectors' in their letters then this can get them into serious trouble with the OFT and you should report them.

I'm hoping for you that the letter is just one of Capquests nasty little tactics but the only way to really find out is have a frank conversation with your brother I'm afraid.

Best Wishes

SnV

miss_t_2

saltnvinegar wrote: »

Obviously it depends on your situation but yes it is true.

There is a big difference between baliffs and doorstep collectors, not only in their powers but also how the can be appointed. If it is standard consumer debt (credit cards, overdrafts, loans) Capquest cannot 'send in the baliffs' unless a CCJ has been awarded and your brother has not paid it.

However (and I don't want to frighten you here but you need to understand how this could happen) your brother may have had a CCJ awarded against him without his knowledge if the papers were sent to a previous address (a nasty debt collecting agency tactic).

SnV

Thanks again for your help! He has only lived away from home for a year whilst he was at uni, but I will definitely be having a chat with him when he gets home!

Will hopefully keep you updated, and will probably be back for more advice if that is okay?

saltnvinegar

miss_t wrote: »

Thanks again for your help! He has only lived away from home for a year whilst he was at uni, but I will definitely be having a chat with him when he gets home!

Will hopefully keep you updated, and will probably be back for more advice if that is okay?

Anytime and of course pop back here the DFW's are happy to help out.

Have a search of the forum for Capquest too, it will help you understand their tactics.

To understand bailiffs check this website out:

http://www.bailiffadviceonline.co.uk/

I believe its run by a poster on here who goes under the name Herbie21. Do a search for threads she advises on and you will get an idea of when bailiffs can be appointed.

SnV

miss_t_2

saltnvinegar wrote: »

Anytime and of course pop back here the DFW's are happy to help out.

Have a search of the forum for Capquest too, it will help you understand their tactics.

To understand bailiffs check this website out:

http://www.bailiffadviceonline.co.uk/

I believe its run by a poster on here who goes under the name Herbie21. Do a search for threads she advises on and you will get an idea of when bailiffs can be appointed.

SnV

Have searched Capquest -OMG is all I can say. Am even more worried now. The debt they are handling is one that I am going to offer to pay off, however I can see people have had a lot of problems with them. I'm probably going to be asking really stupid questions over the next couple of days , so please bear with me, as I am new to this. I did see on one of his letters that he has obviously ignored, they were willing to reduce the payment as a final settlement. However I think he has missed the date. If I am able to help him (or allowed) what do we do, as from what I've gathered, he shouldn't ring them on the phone? Would a letter therefore be better, saying that he would like to pay a settlement? - Is this even possible? :think:

The other small debt is with Clarity, the bigger one is with AIC? not quite sure. However some of the older letters were with different companies, so I really don't know how much in debt he is. I can only help out with a few hundred pounds, any more and I will be in struggling with my payments, hence why I want to make sure that the money I give him will actually clear those debts (I'm not worried he won't send it, I'm worried that they will say it's not enough or something like that).

I can see myself becoming sick with worry over this... the longer I am waiting for them to get home so I can speak to him, the worse I am feeling.

saltnvinegar

Hi Miss T

Easy to say I know but please do not worry. I learned from personal experience that it will do nothing to help the situation.

In fact making you worried is exactly what those debt collecting agencies want you to do as it makes you more pliable when they demand money.

Ok lets deal with Capquest first. Is it Capquest who are threatening bailiffs? Is the debt they have offered a reduced settlement on also the same debt they are threatening bailiffs?

Think about it. If the above is true, why, if they can apply to the court to have bailiffs remove goods, would they then offer a reduced settlement? Doesn't make sense does it?

So onto Clarity and AIC. These are also both debt collecting agencies. You mention that the same debts were also mentioned by other companies? This may suggest that the debts are being sold on.

Have you managed to speak with your brother yet? If you could let us know exactly what these debts are for the DFW's here can help some more.

btw, for the moment do not pay any of these companies a single penny and under no circumstances give them financial info such as debit card details. You will find they are not averse to taking additional payments.

SnV