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Please can someone give me some helpful advice??

My (now) ex-husband left me with three children and in debt. In August 2004 I took out a £7000 loan to pay off some debts and buy a second hand car but became unemployed in April 2005 and was advised by citizens advice to write to the bank (Natwest) and personally hand the letter to the manager explaining my situation and request that they stopped interest and charges so that I could sort out my finances which I done in May 2005.

As it was nearly seven years ago its a bit hard to place everything but to cut a long story short Natwest never stopped charges but ddidnt contact me either. In May 2008 I received a letter from a collection agency the amount owed showing was some £10,000 over my original loan. I wrote to the collection agency explaining what had happened and started requesting how they came to that sum. I never heard back from them but they passed it onto another collection agency. Over the next year or so this continued to happen, I would write to the collection agency requesting a statement. I also wrote to Natwest directly but never got a response they simply passed it on from collection agency to another.

I always stated in my letters that I would repay what I owed but not any more and requested time and time again for a statement. I finally complained to the ICO in 2009 and they wrote back in Feb 2009. They felt that they had not complied as they did not respond within the timescale and when they did finally respond the sent the information to the incorrect address.

ICO wrote to Natwest and I did not hear anything after that. I put a note on my credit file that I was in dispute of the amount and waited to hear again from someone.

In August 2009 I moved and had my mail redirected for 6 months. In this time I never received a thing from anyone and I hoped it was because it was written off.

The last letter I received from a collection agency was dated February 2009. They said that they were suspending all collections while it was being investigated. The amount they said I owed was £18,506.93. Today I received two letters at my new address from a collections agency, one for £2782.41 and the pther for £11826.13 and they have two seperate account numbers. The letters also say that I have recently received a letter from Natwest which is certainly untrue. I havent written a letter yet because I really want the best advice as to what to do.

Please can someone advise me of my best options. For the first time my life feels like it is getting straight and I truely feel I have done everything possible to sort this issue out in the past. It started making me ill before and I really do not want that to happen again. I was hoping to clear my credit reference next year and buy a house.

Please please help me!!!
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Comments

  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    The sound advice is they will not write this off as they have been in pretty much constant touch with you since you took the loan. For a loan to become statute barred there must be 6 years of daylight between you and the last time you acknowledged the debt, which you say yourself there has not been.

    I'm afraid you still owe the money.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Thank you for your help. When you say acknowledge the debt, do you mean reply to a letter?? I have been disputing the amount for nearly 4 years but have been responding to the letters. Does it not matter that the amount has changed or that they havent given me a breakdown of how they have come to this amount etc??
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    Disputing the amount is not denying the debt is yours. And even if you did deny it I suppose it wouldn't be hard to prove. By disputing it you've admitted liability I would say. You had the money, spent the money and then fell on hard times. It doesn't mean the debt would just go away.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • deewand wrote: »
    For the first time my life feels like it is getting straight and I truely feel I have done everything possible to sort this issue out in the past. It started making me ill before and I really do not want that to happen again. I was hoping to clear my credit reference next year and buy a house.
    Thing is, you weren't getting straight at all, as you must have realised that you just couldn't ignore the undisputed amount you owed?
    I agree that these new figures are obscene, and you may be able to get this reduced if you are able to fight your case and follow it up diligently (not letting it lapse and merely hoping in other words).
    Get together all your paperwork and file copies and make an appointment with one of the debt charities, and see if they can take on your case for you and get the latest figures reduced.
    For now, you need to completely forget about buying a house - that is a total non-starter.
  • I never tried to run away from it. It was just easy to bury my head for a while. While it was quiet I was able to start dealing with other issues but then it came back with avengence and no matter how I have tried to resolve the issue Natwest and the collection angencies completely ignored the points and queries I raised. I felt harrassed and bullied even though I was doing everything I could to resolve the problem. All I want to know is if they have treated my case legally and fairly. I feel not and wonder if I have any grounds to get it written off??
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    deewand wrote: »
    All I want to know is if they have treated my case legally and fairly. I feel not and wonder if I have any grounds to get it written off??
    That isn't something we could realistically help you with on a forum, which is why LL has pointed you towards one of the debt charities, they will take time to look at your case and contact Natwest/Dca on your behalf. Its not something we can do for you.

    As for getting it written off, I wouldn't think so. Maybe the debt charities could get some of the charges and interest removed, but you have a debt, and that can't just be wiped.

    Good luck.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Thank you for your help. xx
  • p00hsticks
    p00hsticks Posts: 14,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    deewand wrote: »
    In August 2009 I moved and had my mail redirected for 6 months.

    Did you also notify Nat West and/or the relevant Debt Agencies at the time of your new address ?
  • deewand wrote: »
    I I felt harrassed and bullied even though I was doing everything I could to resolve the problem. All I want to know is if they have treated my case legally and fairly. I feel not and wonder if I have any grounds to get it written off??
    I doubt very much that you will get your debt written off, you may get some of it written off, particularly the latest charges, but I don't feel you can do this without back-up from a debt charity. Playing the 'I feel harrassed and bullied' card will not get you very far and you are giving yourself false hope in doing so. Get the paperwork together, get it in chronological order and take a deep breath and get some help from a debt charity. They wont judge you, but they will only deal in facts and not emotion.
  • Tixy
    Tixy Posts: 31,455 Forumite
    [QUOTE=deewand;49168373
    I always stated in my letters that I would repay what I owed but not any more and requested time and time again for a statement.
    [/QUOTE]

    This is why your debt will not be statute barred, because everytime you wrote to them you admitted the debt was yours.

    [QUOTE=deewand;49168373
    Today I received two letters at my new address from a collections agency, one for £2782.41 and the pther for £11826.13 and they have two seperate account numbers. The letters also say that I have recently received a letter from Natwest which is certainly untrue. I havent written a letter yet because I really want the best advice as to what to do.
    [/QUOTE]

    I would suggest your first response is the standard prove it letter - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 - asking them to prove that you owe the debt, and prove they have the right to collect it. You also need to understand why there are 2 debts they are chasing (if you believe you only have one debt outstanding), which they should do when they respond to your prove it letter.

    Once you have sent that letter off (best to send recorded) as others have said your best advice is to contact one of the debt advice charities listed here - IMPORTANT - Where to seek professional impartial advice about your debts.

    As others have said you don't stand a chance of getting the original debt written off. But a debt charity will be able to talk through you financial situation and decide how best to approach repayment, help you work out what you can afford to repay a month etc.

    Please don't go back to ignoring this debt, it won't go away.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
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