Struggling with debt? Ask a debt advisor a question

StepChange_James

markaz wrote: »

Hello

I've obtained a CCJ in 2010 and have paid to date nothing towards it. The DCA who applied for the CCJ have added legal costs and interest to the balance. Are they allowed to do this?

Thanks

Hello,

The short answer is yes. You could check your original agreement for the debt to see what you agreed to, but generally speaking it's included in the small print that they can add charges on if you don't pay your debts.

There's also a possibility of bailiffs being used to collect on this debt if you've had a CCJ and not paid anything since the judgment was made.

You can apply to the court to get an affordable monthly payment arranged for this debt (called varying a judgment). You can read a bit more about this in this article: http://moneyaware.co.uk/2012/09/what-should-you-do-if-you-can-no-longer-afford-a-ccj/.

I'd recommend you get in touch with us for more in depth advice if you'd like help paying off this CCJ. You can find our contact details by clicking the links in my signature.

Kind regards

James

System

NachoBandit wrote: »

Hi,

First time posting here so please bear with me!

I'd like to say I'm a fairly young happy go lucky 28 year old who has (up until recently) been ok with money. However over the past year or so I've found I have been increasingly going down and down in money and now find myself in an unfamiliar position with a few debts and I just don't know what I can do or how to go about things.

It started when I noticed I was dipping into my overdraft on a regular basis and this led me to increase it more and more until it is where it is now which is £1950.

I then applied for a loan with my bank for £1500 to help and reduce the overdraft which I had found myself living in.

This helped until I noticed myself starting to go back into the spiral again and then with the same bank I applied for and was granted a credit card with a £2700 limit.

Sadly I am now in a position where all these things have accumulated into being in debt at around £6150.

I know it is my own fault I am in this position but now with interest charges taking me over my overdraft limit which then gives me another charge I am in a continual spiral and unsure where to turn or how to get back on track.

Obviously I'm prepared to pay it back but I just can't see how and never being in this situation I don't know who to talk to. I seem to take 1 step forward then 2 steps back, and since I've hit rock bottom I have literally spent nothing on myself and find myself sometimes going without food to save another cost.

I'm sorry if I have gone on but I need some advice otherwise the spiral is going to continue and I'm not going to find a resolution.

Hi NachoBandit,

Welcome to the forum. It’s not unusual for a debt problem like yours to spiral – we can give you the help you need.

The credit debt that you have listed (overdraft, loan, credit card) are unsecured non-priority debts. That means that you should be repaying them at a rate you can afford after you've covered your priorities – you shouldn't be going without food to pay debts.

If your income is going into the bank you owe money to the first thing to do is open a basic bank account elsewhere – any bank can use the right set-off to withdraw money from your account if you are in debt to them.

The best way to start to tackle your debt problem is to build a budget. This will help to take stock of your situation, see how much your priority debts are (rent, bills, food, living costs) and what is the best solution going forward. We can do this for you. Use our confidential online tool, StepChange Debt Remedy to build a budget and get a debt solution recommendation. It’s free to use, available anytime and you don’t have to give your name.

You’ll then have a clear idea of what is the best way forward. If you’d prefer to speak to a debt advisor you can also contact us.

I hope this helps.

Thanks,
Jess

Former_StepChange_Rachel

mandyh42 wrote: »

This is only my 2nd posting on this forum. I posted yesterday and i was "thanked for the post" by stepchange Rachael but I havent had a reply to my question. I understand that the forum is very busy and that they have lots of replies to make but can anyone tell me - will I defo get a reply ? tia

Hi there Mandy

Please accept my apologies for the delay in answering your question. When we 'like' a post it's to let you know that it's been seen and will get picked up, but I can understand why it would be really confusing if both James and I liked your post. We try our best to answer every question that gets asked here as quickly as possible and can appreciate how frustrating it is when there's a delay.

Please write again if you have any further questions following on from James' advice.

Best regards and apologies again for any inconvenience caused.

Rachel

wishing4kissing

Well I have an apt today to see if I can remortgage my home and consolidate all my debts that way before I go down any other route. I owe 43750 at present and my home is worth 140000 and Ive never missed a payment etc, so hopefully they will. Wish me luck!! Find out in principle today.

Mantha1306

I find myself in desperate need of advice in regards to getting organised with my debt.

My husband and myself recently opened a new business - I quit my job in October in order to help get the business on its feet. However, this has back fired spectacularly since the business is currently barely breaking even - between staff costs and bills we have been unable to pay ourselves from the business since it opened in the beginning of October. Since I quit my job I am unable to apply for jobseekers for 26 weeks (I think that is right).

The problem is that now the bills are mounting up - I don't even have money to pay the priority bills such as council tax ... the only reason we aren't homeless right now is because my Mother-in-law is kindly keeping up with the mortgage for us. My husband already has his three main debts on a DMP with DFH but even they are making things difficult by refusing to take less than £50 a month which we simply cannot afford if we want to eat! I have a credit card, store credit, a mobile contract O2 will not let me get out of without major penalty, and many overdrafts. I have to say I am very stressed right now!

I could do with some form of advice on approaching all the companies I owe money to and the best way of speaking to them. My recent experience is that these companies do not want to help and when you phone them they just pressure you into making payments you cannot actually afford (which was recently the case with o2) so I'm very nervous about calling as they seem to make it more difficult.

I am currently looking to get some kind of job now after my big mistake but this might take a while!

I look forward to your advice!

Thanks,
Samantha

System

wishing4kissing wrote: »

Well I have an apt today to see if I can remortgage my home and consolidate all my debts that way before I go down any other route. I owe 43750 at present and my home is worth 140000 and Ive never missed a payment etc, so hopefully they will. Wish me luck!! Find out in principle today.

Hi Wishing4Kissing,

Before you make any decisions to tie yourself into a re-mortgage I'd strongly advise you contact us for some free, impartial advice. You'd then have all the information you need to make an informed decision. Our help is free and completely confidential.

We could advise you of all your options and help you address why you fell into difficulty in the first place. If it's an on-going problem the debt could build up again.

Please take just 20 minutes or so to complete our online advice tool Debt Remedy or contact us with some basic budget information to speak to a debt advisor in complete confidence.

All the best,
Jess

System

Mantha1306 wrote: »

I find myself in desperate need of advice in regards to getting organised with my debt.

My husband and myself recently opened a new business - I quit my job in October in order to help get the business on its feet. However, this has back fired spectacularly since the business is currently barely breaking even - between staff costs and bills we have been unable to pay ourselves from the business since it opened in the beginning of October. Since I quit my job I am unable to apply for jobseekers for 26 weeks (I think that is right).

The problem is that now the bills are mounting up - I don't even have money to pay the priority bills such as council tax ... the only reason we aren't homeless right now is because my Mother-in-law is kindly keeping up with the mortgage for us. My husband already has his three main debts on a DMP with DFH but even they are making things difficult by refusing to take less than £50 a month which we simply cannot afford if we want to eat! I have a credit card, store credit, a mobile contract O2 will not let me get out of without major penalty, and many overdrafts. I have to say I am very stressed right now!

I could do with some form of advice on approaching all the companies I owe money to and the best way of speaking to them. My recent experience is that these companies do not want to help and when you phone them they just pressure you into making payments you cannot actually afford (which was recently the case with o2) so I'm very nervous about calling as they seem to make it more difficult.

I am currently looking to get some kind of job now after my big mistake but this might take a while!

I look forward to your advice!

Thanks,
Samantha

Hi Samantha,

I’m sorry to hear you’re having problems – we can offer you the help you need.

While your income is limited you should be paying priority bills like mortgage and council tax first and only offering credit debts what you have left from disposable income. As you’ve said you’re struggling to pay priorities and don’t have any disposable income.

Your partner then should be offering a good will gesture payment to each of the three creditors until you’re in a stronger position. If you contact us we can provide you with a tailored budget to send to your creditors and recommendations on the best way to deal with the debts. You’ll also get a reference number to give to anyone you’re struggling to pay.

To get the debt help you need now use our online debt advice tool Debt Remedy. If you'd prefer to speak to an advisor you can contact us with some basic budget information. If you’re paying a fee for DFH to manage your debts this is money that could be spent to pay towards other more important bills.

Use Debt Remedy or get in touch to get the help you need.

I hope this helps.

Thanks,
Jess

MRDOLLAR

Hi Guys,
Im back yet again and Capquest still are continuing persisting to call.
I am not talking to them i only communicate via post!
They are making me stressed and ill they are really pressurizing myself.

As you may have seen from my previous posts i am having great difficulty with this debt company this has been on going for many years.

On my Credit file the debt does NOT now show it previously showed as last default date was 14 Sept 2007. This led me to believe the debt was stat barred.
So i wrote to Capquest and basically told them the debt is statued barred.
They then wrote to me " we can confirm our records show a payment was made to this account on 12 may 2008"

I then wrote back this template letter :

http://forums.moneysavingexpert.com/...69&postcount=8

Capquest then sent me there so called proof of payment statement screen along with letter:
http://i941.photobucket.com/albums/a...estNov2013.jpg
http://i941.photobucket.com/albums/a.../statement.jpg

I have just received my Barclays bank statements which i have requested as Capquest have "claimed" this debt is not statue barred so i wanted to investigate Unfortunately it DOES show that i have made payments on
01/10/08 £250.00 (First Direct Debit)
09/01/09 £20.00 CCP i assume this Credit card payment via over Phone?
23/03/09 £62.00 CCP " "

I Cant find any records of any payment on 12 May 2008 which they claimed in a previous letter or 04/09/08 £150.00 as on statement which they claim was a card payment.

Another Strange concern is i recieved a letter dated 8th July 2008 from Halifax stating that my account has been sold to Capquest.

I recieved a letter on 20th September 2013 from Capquest saying a payment was made on 12th May 2008 i have no record of this!

If you look at bottom of letter 08/07/08 Halifax amount outstanding on your account as at 12 May 2008 was £2670.00 - Capquest claim a payment has been made on 12 May 2008 yet on there computer statement screen printout on 04/07/08 its same value £2670.00 this is not a payment!!!

http://i941.photobucket.com/albums/a...november13.jpg

http://i941.photobucket.com/albums/a...november13.jpg

Really hoping someone can ease or help my sleepless nights and help me draw up a letter thats very much legal to help my case.
I understand i have made a direct debit payment and x2 phone payments back in 2008 i dont honestly remember phone payments or setting up direct debit!
It looks like they have me but i am very much concerned with there misleading information and claims!!
Does this look likey that i will have to pay if so how much or shall i wait another year! i dont want any ccjs or anything along those lines.
Should i ask for a settlement figure and what amount shall i pay#?

As you can see im very confused angry in fact all emotions.
if someone can help i would be very grateful.

many thanks in advance

mph9171

hi,
i have just discovered that my partner has run up debts in the region of 25k, she does not work and is on disability allowance, but has still been able to get credit cards etc. what is even worse is that she has taken some loans, credit cards out in my name. i am still working and have been paying the mortgage and most of the bills. due to her age and ill health i am concerned where this will leave me should the worst happen, will i be forced to sell my house to pay her debts? how can i try and sort out the loans and credit cards he has taken out in my name? she has also been taking financial advantage of our son, who has special needs, although i hopefully have managed to stop this. she has been intercepting any post that may incriminate her. i fear this may only be the tip of the iceberg. i don't have a clue where the money has gone!
any suggestions of help would be appreciated. thanks

blissfullytea

Ok bit of a strange one for you!
In 2006 my child was in nursery, my now ex husband and me were both students at the time and therefore got money through student loans for childcare.

I had to quit my course because of severe medical issues and lots of operations but because I was then classed as disabled we were still entitled to childcare help while then husband went to uni. Only he had to reapply or something and he did not.

Long story short I had to remove my daughter from nursery after only a few weeks and they hit us with a terms fee in leui of notice.

I arranged to pay this pack in tiny installments, all I could afford but they still went for a ccj.
I have been paying that ccj to Incasso ever since in small amounts. We moved three times due to marriage breakdown and temp accommodation but I definitely informed them of two changes of address, I am not sure about the third.

Fast forward to this year and Incasso have been taken over by HL Solicitors. As I just have a basic account with basic hole in the wall card so was paying into the bank physically, I found out by accident HL had taken over. I have been trying to confirm with HL if I can still use the same bank account for months, I have wrote, used the contact form, emailed, emailed other HL emails, faxed, waited hours on their online live chat system. Do not want to ring them as I want everything in writing with DCA.

Anyway they still are not replying, I have no idea if they have current address and suspect not they definitely have an email address for me. If they send baliffs or legal action to old address there will be no answer as friend has told me property is empty. I am worried they might go to my elderly parents house (address was on as emergency nursery contact) or to my ex husband.

I have no idea what to do now, I would contact court and speak to them about the original ccj but I have no idea what refs were and such and cannot see them on credit file.

So I am looking for advice, if baliff gets no where at old address presume it will be returned to court, what happens then if they do not have an address for me? (trying to give it to them!)

I must be only person chasing a DCA :eek: