"our doorstep agents have been instructed to call"

smashedbooboo

Got to pop out for an hour. Will catch up with you when i get back hun. If the debt to credit card company is over 6 yrs old and you have not paid anything or acknowledged the debt in writing to them within the last 6 yrs then it maybe statute barred. Do you have any ccjs at all on any of the accounts.

JasonWatkins_2

i have paid small amounts here and there on the large debt, but that stopped when the gambling started.

the council tax one I am actually paying 2.50 a fortnight on that one, and i've been paying that for a couple of years, and i've had no letters regarding that one as i've managed to keep up the payments so I assume they're happy with that situation.

The letters I currently have in front of me are ..

Lowell Portfolio's(mobile bill) - 'red debt collection services have been appointed as duly authorised collection agents to recovery the outstanding balance'. promise to commence legal action if arrangement is not reached.

Alexander James & Co. (water bill) - "full payment is required to avoid county court action"

CapQuest - (2nd Mobile) - "unless you make payment of this in 7 days a county court claim may be issued against you".

Credit card - (smaller one) - "we're very concerned that your account remains over the credit limit"

The cable tv, bank overdraft and large credit card debt probably don't know where I live because, for various reasons, i've had to move house 3 times in the last 4 years - the plan was to contact them to make them aware of the bankruptcy.

hope that helps.

JasonWatkins_2

the company who had the large credit card debt were connaught collections, and i can't remember the exact length of time since I last contacted them, and i most certainly haven't ever contacted them in writing either.

it's at least 5 years, that much I do know.

moonlightpjs

Hi Again
Right - have you made any payments to the big credit card during the last 6 years like Smashed said, if not you can agure that the debt is statued barred meaning that unless you have made contact with them and acknowledged the debt - or paid anything else towards it in the last six years, then they cannot enforce the debt. More knowledgeable DFW's will be able to advise on this.

Regarding the CT, if you have an agreement with them to pay the £2.50 then just keep it up as that is a priority debt which can mean baliffs if not paid, I also think that this debt cannot be included in BR - maybe somebody can correct me if I'm wrong

On the whole, the debts you have seem relativly small to be considering BR - but thats just my opionion. You have to do whats best for you - I would consider offering to make token payments to all your creditors of £1 a month - maybe try contacting the CCCS or Payplan who offer free, impartial advice. They will advise you whether its best to go BR or if there is another option for you.

The debts which haven't been in contact with you due to you moving, would be possible to ignore them until the 6 years has passed since you last made contact therefore making them statue barred as above?

Debt Collecting Agencies such as Capquest etc regulary issue threats and try and scare you, if they even went to court, and I mean if, as I would find this highly unlikely, then you would just need to show the judge that you are on benefits and such can only pay a token payment. I honestly think that a judge wouldn't be too pleased with them for taking you to couty for such a small amount.

Please stay posting

Crown

Hi Jason and Welcome,

As already advised the |Doorstep agents have no power to gain entry unless you let them in. Also do not sign anything even if they try to talk you into it. They have no right to make you however official looking. The only time you need to take notice is if its addressed from the County Court requesting ou appear in front of them.

As for the Gambling I can identify with what you have gone through as I turned to gambling to try and sort out my debts (Stupid I know) and things then really spun out of control. Like you I didnt have any idea of how much it had spiralled and I was shocked to see I'd added around £10,000 to my already large debt in just over a year. :eek:

I now realise im a recovering compulsive gambler (Poker). Have you been to any G.A meetings? I find them a great help and have not gambled for apart from one small slip for 3 Months now. Also check out the BR board as if your debts are through gambling then there is a longer period before you are discharged or something. Im not 100% sure as I didnt go down that route.

Pardon me for asking but have you got your gambling under control at present? a lot of people do not understand that gambling can become an illness as I have found out. The reason I ask is if you go BR will you run your debts up again?

Good luck with whatever you decide to do and sorry If have rambled on but the subject of gambling is close to my heart.

smashedbooboo

check your credit statement. The small anyway. Are there any late payment charges or over limit fees. Check all your statements. If so you can claim these back. In fact as in my case they ended up owing me money. At the very least it could well clear that one off. As for lowell and capquest.Send them a request with one pound each. This is a fee. For a copy of your consumer credit agreement. They have to supply this within 12 days. If they dont then they are in default themselves by not supplying it. This will put the account into dispute. At the top of the letter you should put i do not acknowledge this debt to your company. You will find a copy of that letter to send in my thread. Letters to debt collection agencies. You will have to look a bit for it. but it is there. Tomterm has also put a load of letters as well. That maybe of use to you. The letters were taken from the national debt council. We have just put them into one place. The letter you need is the first on in my thread. Get that fired off to them and i think you will find they will either pass it back to the original creditor and you will not hear from them again. If they dont have the CCA then they cannot chase you or the debt. It could be the the DCAs have bought the dbts from the original creditors.

smashedbooboo

Dont contact connaught at this stage. Have you checked your credit file. I would suggest you do. You can then see what you have on there.

moonlightpjs

Just to add - I have done as Smashed has advised you to do - sent a request for a CCA two weeks ago to Moorcroft and 10 mins ago today received a letter stating that they will be not be pursing the debt any longer and the default will be removed from my credit file, all because the couldn't send me a copy of the original CCCA. They even sent my cheque back for £1 that was the fee for requesting it. So its really worth doing - I'm over the moon as it was a really nasty DCA -so will be doing others!!!!

elantan

i think there is an old law (in scotland at least) that allows token payments of £1 every so often ...i came across it often when i was a door step collector ...i would check the law if i were you ....good luck

JasonWatkins_2

That's a lot of great information, thanks so much for everyone's help.

I have to nick off for a dentists appointment now, but i'll be back later to answer everyone. thanks again