CSL / Barclayloan problem

Janebo12

Hi all, hope you can help me here with some advice:

I had a loan with Barclays around 6 years ago, but ran into problems with this and my other debts and entered into a debt management plan.

I decided to go it alone and cancelled the DMP to which all of my creditors have agreed except CSL (Credit Solutions Ltd).

I rang them today to see whether they accepted my offer of payment - they told me they could only accept for 3 months and then would be expecting full settlement on the debt (£9926) . They have advised me to get a loan (with my bad credit rating!) or to use the equity in my property.

I am not happy about this as I don't want my husband to be dragged into my debt problem, which may have a detrimental effect on him.

Are CSL just trying to bully me or will I have to do as they say?

I have offered them double the amount that I was paying on the DMP, but they say that the debt would take too long to settle in this way.

My total amount of debt is around £19000.

Please help!

Thanks in advance!

BAILIFFCHASER

Your reference : 33204498


Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


Enc cheque number


adjust this letter and send it of with a £1 cheque and see if the original agreement can be produced. If not then you do not owe anything to them !!!!

Janebo12

Hi and thanks for your reply, but I'm not sure that I could use this.

I have actually been paying the debt over the past six years via a DMP - so surely the letter you suggest would not apply in this case?

Any more suggestions?

Thanks!

BAILIFFCHASER

I can not really see any harm in trying !!!

rayday2

You should go on the National Debt Helpline website off the top of my head I cannot remember the law name etc but they are not allowed to make unreasonable demands on you for huge payments. The above website has sample letters etc for going it alone and if you have to ring them they are really helpful and boast your confidence for dealign with them.

Not sure if this helps, but the National Debt Helpline should! When I have wrote to companies saying they are not allowed to make unreasonable demands they have certainly backed down. So good luck!

CLAPTON

the information you give is extremely limited so its very difficult to give any sensible advice.

why did you change from the DMP people,
how much are you paying each month
are you prorataing the amount fairly to each creditor
can you afford to pay more
what do you mean about your husband
do you won a property and how much equity do you have

you need to post a proper SOA showing your income, spending, full debt details, mortgage, house equity and a little about your general circumstances /OH, Kids etc.

tomterm8

Have a look at the template letter (registered post)http://forums.moneysavingexpert.com/showpost.html?p=4945090&postcount=22 then http://forums.moneysavingexpert.com/showpost.html?p=4942372&postcount=13 you might want to add:

"While I note that your representative has suggested that one option would be to consolidate the loan into other debt, we must confirm that we are unwilling to enter into any further loans as we are aware we would not be able to repay them. ".

Janebo12

Hi and thanks for the replies

My details are as follows:

Income (made up of tax credits / child benefit / housekeeping): £774 per month

Outgoings:

Car insurance - £38.28
Life insurance - £21.81
Mortgage - £205.18
House insurance - £21.82
Child trust fund x3 - £30
Secured loan - £111.21
Council tax - £85.14

I have calculated that I can afford £180 per month to pay my debts

Debts:

CSL / Barclayloan: £9926.85 - amount offered £92.21

Albion Collections Limited: £5370 - amount offered £49.88

Halifax (overdraft): £1659.95 - amount offered £15.42

Barclaycard: £807.30 - amount offered: £7.50

Halifax (credit card): £602.72 - amount offered £5.60

Vanquis card: £570.50 - amount offered £5.30

Debt managers Ltd: £234.25 - amount offered: £5.00 (minimum amount they would accept)

Creation Finance Ltd: £206.93 - amount offered £2.00


I made these pro-rata payments based on the advice given on the Payplan website for going it alone.

I parted company from my DMP because I was with a fee-paying company and thought that the fee would be better off in my creditors pockets then the DMP company.

I jointly own (mortgaged) my house with my husband. The house is worth approx £105,000, we owe £40,000 so do have equity, but I don't want to add to the mortgage as we already have a secured loan and I don't want my credit problems to cause any problems for my husband by damaging his good credit record. My husband does have loans / credit cards of his own.

I have three children aged 5, 2 and 5 months and I am a stay at home mum at the moment as I am on an unpaid career break from work until Dec 2008.

I hope this is enough information, please advise if you need anything more.

Also, thanks for the letter templates, they look worth a go.

Thanks again

Janebo12

rayday 2 thanks for the info on National Debtline - I looked on their website and they have a great factsheet about harassment by creditors that I can use if necessary - great stuff!
:T

rayday2

They have been a godsend to me just to see the letters and know what they can and can't do have meant that I have been more positive and actually with a couple of my debts had over £200 refunded back to me in unfair interest! Not much on the total I owe but all little victories are welcome in the long path to being debt free!

Janebo12

Does the SOA I've posted help at all?
Thanks