Another debt free wannabe (long first post sorry)

Beki88

Hi all. Well I have come on here for some advice but it isnt for me.
Im sort of acting on my mums behalf.
Bit of background: She's an alcoholic who has stopped a few times but always ends up starting again so this time I've said sort debts before drink then it gives her one less of a reason.
She doesnt work as she is actually quite ill, she lives in a council house with my brother ( hes on JSA at moment but flits in and out of work). She is trying to get into a bungalow/flat as this would help her save money.

She went through CAB a while back (about 2 years) but the guy was hopeless, he started proceedings for a DRO but mum couldnt afford to pay the full amount, he also failed to notify some of the companies that he was working on her behalf so she ended up with a lot more charges etc.

I didnt release how much she owed till recently, I know to others it may not seem a lot but she gets such little amount of money. I have actually paid some off for her :shocked:

She is in arrears with her rent by a lot as when my brother was in work he was meant to pay but he didnt, and then when he is on JSA he is meant to pay a small bit again he didnt so mum is slowly paying that off. We think it is over 600 but her rent card isnt very clear she currently pays £23 a fortnight and 6.96 goes to the arrears. They threatened her with court but she has maintained payments for a few weeks so that is on hold.
She was in debt with the council tax and got took to court for it ended up with charges etc. She just got her new council tax bill and has to pay £15 a month, I just paid off her £75 arrears.

I currently pay her TV license for her £13 a month.
Her water she keeps falling behind on so they just rearrange her payment schedule but we have just applied for yorkshire water trust fund.
Gas & elec are token meters but she ends up sat in the dark and freezing in winter, I normally add her some gas when its cold.

PAID OFF:
Reader digest £15.32
Studio Cards: was 110.16 got settlement of 82.62
Provident: was 368.90 got settlement of 185

Both studio and provident was passed from debt company to debt company and I have since discovered we could have complained about that.

What she still has:

• Lewis Debt recovery (for CLC) 92 & 112

• Newmans Debt Agency ( for JD Williams/Oxendale) debt started at 372.90 now stands at 536.03 with charges. (solicitor letters from Nelson Guest & Partners. Debt was previously with Credit security limited and westcot)

• Robinson Way (KDS) 164 (have had letters from Horwich Farrelly solictors dont think they are real!)

• Buchanan Clarke & Wells (for shopacheck/welcome finance) 402 (letter from geoffreyparkerbourne solicitors had previously had letter with a statement from Credit Account Management)

Now we also have Mackenzie Hall/ Credit Account Management for Littlewoods 211.30 BUT Scotcall were also chasing for the debt too of 220 which they said was Littlewoods. Mum started paying one and was told to pay the other and then told off by the first for not paying! :mad:
I checked with Littlewoods and they said she only has one account outstanding but were unable to tell me how much was owed or who was collecting (very helpful)

I also signed up to credit expert on a free trial (everything has been with her consent I must add) and the CAM is showing on her credit report as 211.
The other debts are on there except that KDS doesnt show up any ideas why?

Ok wow such a long post sorry and thank you if you are still reading.

Obviously her priority debts are the rent and council tax but I would like to make a start on these others.
She has very little money to spare each week and will often borrow off family to get her through but I am willing to help where I can.

Mum cant even remember half of the stuff she owes so should I get them to prove it or just accept it as her forgetting?

I have asked Oxendales to send a statement so I can see what the charges are for. Can we fight those would be great of we could knock 163 off the bill!?

How do I sort out the issue with littlewoods?

What is a reasonable amount to offer to pay and can they refuse even a small amount?

Can I find out how much they bought the debt for (for the ones that did that is)
If I wanted to pay them off could I ask for a settlement fee? What is the normal way of doing it amount/percentage etc?

Im sure I will think of other things but I think I have wrote enough for now!

Thanks for reading, anything I have missed or that you need to know please ask and I will reply asap

[Deleted User]

Firstly, welcome to the boards. There are lots of very knowledgeable people on here who will advise you on many of the things above (hopefully they will be along shortly)

One thing I do know is that yes, definately get them to prove the debts, there's a template letter on here that will help you with that. Do you think that any of them might be statute barred? Do you know how old the debts are? Do you know when she last made payment towards them?

Before you can really do anything, what you need to do is to identify what all these debts are and how much each of them is for. And you are right Rent and CTax are her priority debts.

Also, I assume that she has stopped opening new credit accounts/stop spending on any of the ones she has.

If CAB didn't work out for her there are other FREE sources of debt advice, many people on these forums have used them and speak highly of them (CCCS, and National Debt line amongs others).

You should also work out her income/expenditure and find out how much she can realistically pay towards her debts.

HTH

D9

Culex

Missis_Beki wrote: »

Bit of background: She's an alcoholic who has stopped a few times but always ends up starting again so this time I've said sort debts before drink then it gives her one less of a reason.

As if that's going to stop her for long.

Unfortunately, it won't.

She doesnt work as she is actually quite ill,

Does she receive Disabled Living Allowance and, if not, why not?

I currently pay her TV license for her £13 a month.

Could she possibly live with you? I understand that it might hamper one's lifestyle to have a permanent housemate of a boozy and/or cantankerous, dear old sot, smelling of urine and cheap sherry, but it would work out cheaper and you'd not have to worry about her freezing to death.

What she still has:

• Robinson Way (KDS) 164 (have had letters from Horwich Farrelly solictors dont think they are real!)

Alas, they are. Whether the Horwich Farrelly of your letters are the same as the august Mancunian firm I have referenced above may, of course, be quite another matter. Some DCAs have a curious habit of sending what seems to be a letter from a firm of solicitors but which proves to have a slightly different trading name, quite a different address and which is not, in fact, a registered solicitor at all. Neither the Law Society nor the Solicitors' Regulatory Authority is exactly delighted by such antics.

Now we also have Mackenzie Hall/ Credit Account Management for Littlewoods 211.30 BUT Scotcall were also chasing for the debt too of 220 which they said was Littlewoods. Mum started paying one and was told to pay the other and then told off by the first for not paying! :mad:
I checked with Littlewoods and they said she only has one account outstanding but were unable to tell me how much was owed or who was collecting (very helpful)

Send both DCAs a "prove it" letter that also asks for a notification of assignment. It surely cannot have been assigned to them both!

I also signed up to credit expert on a free trial ...
The other debts are on there except that KDS doesnt show up any ideas why?

Who the bugg[STRIKE]e[/STRIKE]ry are KDS?

Mum cant even remember half of the stuff she owes so should I get them to prove it or just accept it as her forgetting?

You seem to have omitted her wholesale account with Diageo

I have asked Oxendales to send a statement so I can see what the charges are for. Can we fight those would be great of we could knock 163 off the bill!?

You can fight them if you like, perhaps on the basis that the charges made are considerably more than the few quid that an estimate of liquidated damages would be; I'm not sure you'd win. whilst the company might lose more in costs to defend the action than they might hope to gain so they'd probably be wiser to settle.

What is a reasonable amount to offer to pay and can they refuse even a small amount?

£1 and no, they can't; besides which, they'd have to be crazy to refuse even that as a continued payment of even a token amount would prevent the debt becoming statute barred which, if left unpaid and unacknowledged for six years (five in Scotland, as Scots are cannier wi' their bawbies) would mean that it could no longer be enforced through the courts.

Can I find out how much they bought the debt for (for the ones that did that is)

As the law currently stands, I doubt it.

Culex

Domino9 wrote: »

If CAB didn't work out for her there are other FREE sources of debt advice, many people on these forums have used them and speak highly of them (CCCS, and National Debt line amongs others).

That's CCCS or National Debtline, but certainly not http://www.bestsolution.tv/, http://www.directdebtadvice.co.uk/ or http://debtfreeafterall.co.uk/government.html, each of which bunch of commercial saprophytes has paid Google (motto: Don't be evil.) to have their advert placed above the entry for the genuine, free service.

Beki88

Culex wrote: »

As if that's going to stop her for long.

Unfortunately, it won't.

It may not but wont know untill we have tried, previously we tried drink then debt but it failed so this is worth a shot.

Culex wrote: »

Does she receive Disabled Living Allowance and, if not, why not?

She was turned down before because my sister did the forms wrong, ive just received another set for her so going to get some help filling them in, ive already told her if she gets it it goes to my bank account till things are paid off then she can have the money.

Culex wrote: »

Could she possibly live with you? I understand that it might hamper one's lifestyle to have a permanent housemate of a boozy and/or cantankerous, dear old sot, smelling of urine and cheap sherry, but it would work out cheaper and you'd not have to worry about her freezing to death.

HELL NO! I love her to pieces I do believe me but no I think I would end up with a murder charge within a week

Culex wrote: »

Alas, they are. Whether the Horwich Farrelly of your letters are the same as the august Mancunian firm I have referenced above may, of course, be quite another matter. Some DCAs have a curious habit of sending what seems to be a letter from a firm of solicitors but which proves to have a slightly different trading name, quite a different address and which is not, in fact, a registered solicitor at all. Neither the Law Society nor the Solicitors' Regulatory Authority is exactly delighted by such antics.

So do I report them as being fakes as the address on the letter is London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY. EMAIL: [EMAIL="payline@hflegal.com"]payline@hflegal.com[/EMAIL] TEL 01618334418.
Funny enough the debt agency address: London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY!

Culex wrote: »

Send both DCAs a "prove it" letter that also asks for a notification of assignment. It surely cannot have been assigned to them both!

I'm on it!

Culex wrote: »

Who the bugg[STRIKE]e[/STRIKE]ry are KDS?

Local debt thing I think: http://www.kdsfinance.co.uk/

Culex wrote: »

You seem to have omitted her wholesale account with Diageo

Dammit they just keep on coming

Culex wrote: »

You can fight them if you like, perhaps on the basis that the charges made are considerably more than the few quid that an estimate of liquidated damages would be; I'm not sure you'd win. whilst the company might lose more in costs to defend the action than they might hope to gain so they'd probably be wiser to settle.

I will wait to see what the charges are for and then let you know so you can advise more specifically if that is ok?

Culex wrote: »

£1 and no, they can't; besides which, they'd have to be crazy to refuse even that as a continued payment of even a token amount would prevent the debt becoming statute barred which, if left unpaid and unacknowledged for six years (five in Scotland, as Scots are cannier wi' their bawbies) would mean that it could no longer be enforced through the courts.

£1 is good we could manage that.

Culex wrote: »

As the law currently stands, I doubt it.

OK wasnt something I really needed to know just thought Id ask

@ Domino9

I will contact CCCS and find out what they can do.
None of the debts are statue barred think she has made a payment on most within last couple of years, think she probably went off track with a lot of them this time last year just before she was admitted to the psych ward!

She applied to Damartex for a catalogue just before christmas but was turned down thank god, she said she only wanted a bra but I know had they gave her credit she would have used it.
I think the rest she cant spend on and now all the other loan companies are staying away from her which is good!

We have tried budgets before but she can never stick to them especially thanks to my good for nothing brother even though he gets JSA he doesnt help with money around the house gas elec etc so mum is practically supporting 2 people on 1 persons money and until she moves to a bungalow, or he moves out things suck!
We have tried to talk to him but hes one of those angry weed smoking gym smashers who quite frankly scares the bajeebies out of us all so its like banging our heads against a wall.
Mum wont kick him out as he is her baby and she lost a son years ago so she is very protective over him even though she knows it would help if he was gone.

Sorry for the waffle.

Thanks so much

Culex

Missis_Beki wrote: »

So do I report them as being fakes as the address on the letter is London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY. EMAIL: [EMAIL="payline@hflegal.com"]payline@hflegal.com[/EMAIL] TEL 01618334418.
Funny enough the debt agency address: London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY!

Yes, as hflegal.com is registered to Robinson Way Ltd. who, as we know, are debt collectors rather than solicitors.

See sections 20 - 27 of the Solicitors Act 1974; as is implied by section 22A, you should report them to their local Weight and Measures Office or, as they are now known, Trading Standards Department.

Do not bother with Consumer Direct, as it is only a department of the OFT (Office of Faffing and Twaddling) which seems to have resumed its hibernation cycle.

I am sorry I could not be of more practical help.

Beki88

That information is brilliant just what I need!
*strokes puddy cat* Exceeeeellllent

Just wondering do you happen to have a template letter at all so I know what to put? thanks

chevalier

hi there sorry to hear things are so grim with your mum. The National Debtline have great template letters for all sorts of situations, so I suggest there is a good place to look
chev

Beki88

Right my mum got a letter with the transactions on her account with oxendales/JD williams.
A lot of the charges are 12.00 which are for when they have sent her letters. These are the ones I feel are very unfair.
There are 19 of these totalling £228.

There are also ones that say interest added which I have no idea about.

I photo copied them in the hope people could advise me further?
http://s1208.photobucket.com/albums/cc369/BekiH88/

How do I go about getting these charges taken off the amount that is owed?

Beki88

Anyone with advice for the above post?

Beki88

Spoke with littlewoods today regarding the 2 debt collectors, apparantly mum has/had two seperate accounts both with littlewoods.
I didnt think you could hold two accounts with them??
They also said that one of the accounts was opened in 2000 and has no date of birth so I asked how they could legally provide credit to which she was stumped! This is the account that scotcall were chasing, it has now been passed/sold to GB Debt.

Im really confused as on mums credit report there is a shop direct paid off, the CAM (which is collecting for littlewoods) nothing else on there about another littlewoods. Please can anyone help??