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Struggling with debt? Ask a debt advisor a question

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  • Gazzman140
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    I have recently received notice form First Plus of a loan I took out in 2001, but I had forgotten about it (having moved abroad, and then back to the UK in 2003).
    How long can a creditor keep looking for someone to pay a debt?
    And am I still liable?
    Thanks :)
  • DaveK1971
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    Hi all.

    Just wondering if anybody has any advice of how best to deal with Wonga. I have just entered into a DMP with Step Change but Wonga have so far failed to issue the reference number for my loan (they don't put a number on the agreement itself) and without it Step Change can't include the loan on my DMP. Will try ringing Wonga again in the morning but was wondering if any of you had been in the same boat?

    Cheers.
    Debt @ 17/11/12: £12,017 :embarasse. Hoping to be debt free by June 2014 :).
  • janeypoo
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    Hello,

    I contacted Halifax a few weeks ago regarding help with my debt, specifically asking their recommendation for me to tackle me CC I have with them, which is at its limit of 8k.

    They have gotten back to my and asked me to fill in their SOA. I was wondering, do I have to put my husband's income? Whilst he knows I have debt, he has debt too, this is mine and I want to deal with it with the money I get. Basically I'm just wondering if I'm legally obliged to use his figures, because we're married? I don't want to get into trouble by putting the wrong values in!

    Thanks
  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
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    Cenedra41 wrote: »

    thanks for your response mat - just one more quick question as this sounds like a sensible plan - the citizens advice bureau said that:

    Thereis a risk to making payments that are less than the monthly contractual ascreditors can make a claim for money through the courts which would result inyou having a County Court Judgment.

    could this happen even if we make payments through step change? And if so how common is it for creditors to do this in your experience?

    thanks very much again!

    Tina

    Hello,

    It's possible to get CCJs if you're on a DMP, a creditor can apply for a CCJ if you've missed payments, they've sent you a default notice and you've not caught up with the missed payments within the timescale they give you.

    The reality is that most of the time creditors don't want to go down this road. CCJ payments will usually be very similar to the amounts creditors receive through DMPs (provided you reply to the initial CCJ paperwork) so there isn't a great deal of incentive for them to do this.

    My experience has been that companies are most likely to go for a CCJ if you've stopped paying the debt completely and are not in contact with them at all. So if you're on a DMP and paying regularly they might go for a CCJ but most companies don't.

    Hope this helps.

    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
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    DJGat wrote: »

    [FONT=&quot]All to be sent by recorded delivery.

    is this the right course of action? what would i need to do after this point?
    [/FONT]



    __________________________________________________ _______________________

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]As well as this debt i have another which was for HBOS credit card from 2002, who have sold the debt to Lowell financial who have sent me a letter regarding the debt and also a letter from red debt collection services.

    Again this debt does not show on my report and i cant remember the last time i made a payment, must of been 2006. so my question is should i follow the same process as above but send to lowell and red at the same time. or ?
    [/FONT]



    __________________________________________________ ______________________

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]regarding statute bared debts, is there a way to find out when i last made a payment without alerting the creditor of why i am requesting this info and without having to confirm my details which i assume would qualify as recognizing the debt is mine.
    [/FONT]



    [FONT=&quot]Hope this makes sense, any help massively appreciated
    [/FONT]

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]many thanks[/FONT]


    [FONT=&quot]Dean[/FONT]


    Hello,

    Thanks for posting. The template letters you've posted up seem to be the right sort of thing to send out to get more information about this account.

    You could use them for both debts if you want to make sure that these are debts that you're responsible for and to double check that you did sign up to them in the first place.

    We've an interesting blogpost about the limitations act here: http://moneyaware.co.uk/2012/02/can-you-run-away-from-your-debts/, which might answer some of your questions in a bit more detail.

    Kind regards

    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
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    Gazzman140 wrote: »
    I have recently received notice form First Plus of a loan I took out in 2001, but I had forgotten about it (having moved abroad, and then back to the UK in 2003).
    How long can a creditor keep looking for someone to pay a debt?
    And am I still liable?
    Thanks :)

    Hi Gazzman,

    How long a debt is legally enforceable for varies depending on the type of debt. For unsecured debts it is six years from the date of last payment or acknowledgement of the debt (such as a letter).

    The timescale is 12 years for secured debts that are left over following a shortfall from the sale of a property.

    The other thing to bear in mind is that the limitations act doesn't apply for debts where a county court judgment is in place (providing the judgment wasn't obtained after the limitation period).

    Sorry the answer isn't straight forward but hopefully this will give you an idea of where you stand.

    Regards

    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
    Options
    DaveK1971 wrote: »
    Hi all.

    Just wondering if anybody has any advice of how best to deal with Wonga. I have just entered into a DMP with Step Change but Wonga have so far failed to issue the reference number for my loan (they don't put a number on the agreement itself) and without it Step Change can't include the loan on my DMP. Will try ringing Wonga again in the morning but was wondering if any of you had been in the same boat?

    Cheers.

    Hi Dave,

    I think your plan sounds to be the best option, a quick call should be all it takes to get your reference from them.

    We need something to quote to them so they'll know that the money we send them relates to your loan.

    Cheers

    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
    Options
    janeypoo wrote: »
    Hello,

    I contacted Halifax a few weeks ago regarding help with my debt, specifically asking their recommendation for me to tackle me CC I have with them, which is at its limit of 8k.

    They have gotten back to my and asked me to fill in their SOA. I was wondering, do I have to put my husband's income? Whilst he knows I have debt, he has debt too, this is mine and I want to deal with it with the money I get. Basically I'm just wondering if I'm legally obliged to use his figures, because we're married? I don't want to get into trouble by putting the wrong values in!

    Thanks

    Hi Janey,

    Thanks for posting. There are no laws about how do a SOA when you are married. You can either do a joint one or one in just your own name.

    Many creditors prefer a joint budget as it gives them a full picture of your household finances but if you're finances are separate then it makes sense to do an individual budget. I would recommend adding a comment about how the bills are divided to reassure them that you're not paying more than your fair share of the household costs.

    If you would like any help putting together a budget I would recommend using our online advice tool, Debt Remedy (http://www.stepchange.org/msehelp), which will help you through the process of putting together a budget and also give you advice on how best to deal with your debt.

    It's completely free of charge and the downloadable advice booklet will give you a SOA you can print out and send to Halifax instead of filling out their forms.

    Hope this helps.

    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • red_apple_3
    red_apple_3 Posts: 4 Newbie
    edited 20 November 2012 at 8:07AM
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    Hi
    I have not been completely honest with your company I have a dmp with you which i have had for 5 years. when i started the dmp I was not claiming dla for both my children

    A few years back I got dla for both my kids I did not declare this at my reviews as I saw the money as my kids money for their disabiltys and not for my debt repayment I now know this is wrong.

    I have over the past two years saved up 3 thousand pounds to pay my debt but it is not enough to clear the rest of my debt 5 thousand pounds debt . I am worried that if i phone up and say about the kids dla i will get into trouble for not declareing it in the past

    I was completely honest about my outgoings I didnt claim for the extra stuff I had to pay out for my kids disabiltys because of my kids dla covered this, and I did say about the extra child tax credit i got due to them both being on dla it was just the dla I didnt say about.

    im not sure how to put this right. Should cancle my dmp pay of the 3 thousand pounds of my debt then start a new one this time declareing my kids dla, or should I say nothing and carry on saving untill i have paid of all my debt . I am commited to clearing this debt I have never missed a dmp payment and I have saved this money to help clear my debts. I have foolishly got my self into this mess and i do worry about this daily .

    The thing is with the kids dla payment I could proberly come off the dmp and just pay the min payments should i do that .

    im sorry to of load this on to you but i just want to put this right i am very sorry for this mess please help :(
  • DaveK1971
    Options
    Hi Dave,

    I think your plan sounds to be the best option, a quick call should be all it takes to get your reference from them.

    We need something to quote to them so they'll know that the money we send them relates to your loan.

    Cheers

    James


    Thanks James, you were correct, a five minute phone call sorted it. Maybe it's just my state of mind at the moment with being new to and nervous about going into a DMP but I was kind of anticipating having trouble getting info from them... seems I was just worrying about it for nothing.
    Debt @ 17/11/12: £12,017 :embarasse. Hoping to be debt free by June 2014 :).
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