CC debt from 2003 is haunting me forever

cc321

Hello friends, I am looking for advice and the more I read through these posts the higher my anxiety rises.

If I could haev some assistance in directing me to other threads I would appreciate it. I am not very good at navigating message boards!

Here is my story, I'll leave out as much of the how's and the why's because they will only serve to make me feel better about myself and are not neccessary to give you the facts...but if it helps you think kindl of me I can include them later

In 2003 I had 1 Barclays CC and 1 Egg CC. I got into debt I have no idea how much at this time. I remember that I consolidated my debt into an egg loan for 10000. Somehow I still had debt on the Barclaycard.

I spent the next couple of years paying only the interest and seeing no light at the end, could nt continue to pay (the dollar/gb exchange rate ouch)

By 2006/2008 I was using cccs and they were helping me to make one payment and stop interest. I am not sure why that arrangement ended.

In 2009, I was determined to get everything under control. Barclaycard offer to put the debt back on a cc for me and that I could pay 1 % interest on it of which I declined. Egg had sent their file to Lowell who started sending me letters so I started a payment plan.

In 2012, I contacted Lowell and said I wanted to make some arrangements. They would not accept my monthly offer so that hit a dead end and I have not spoken to them since.

Through all of this, I have no idea what I am actually paying for and how much I owe or what is fees and what it interest.

At this point, I believe the figures are between 3-4K each for both creditors at least that is what the creditors are saying but I have no clue.

For the last 1.5 years, Lowell has been sending me letters saying I owe them 3308, then they've moved on to Fredericks and now Bryan Carter is on me. I have no letters from Barclaycard that I am aware of.

Now - I have received some settlement letters around christmas for about 1/2 of which at this point I am willing to pay just to have it all done with. Even though I have no idea if I even owe that.

I know it sounds really pathetic that I have no control over this but I have to push it out of my mind. I am angry because all the time I was paying full whack to the creditors back in the beginning, I had no idea what interest was about and I was actually using my student loans that I was to be living off to pay them and I was sending one payment every 3 mths to my UK bank account to avoid high transfer fees - all the while accumulating more interest and no one involved ever thought to mention this to me or offer me to pay every 3 mths instead...all the while collecting more interest off me...not to mention I have a boat load of student loans now! SO I am angry about it all because I am sure if you minused the interest charges I have in fact paid all my debt. But no one cares about that...

I've tried to sit down and sort this out before but I am also angry at myself because I should have just ignored it from the beginning instead of trying to do the right thing.

This letter from Bryan Carter is threatening to issue court proceedings in march if I dont pay the full 3308. At this point, everything is in my husbands name and I couldnt care less if they put a CCJ on me or whatever it is as my credit has been ruined for so long - I just don't want a baliff coming around...we dont have those in the US for everyday people and the thought of them scare me! I called [STRIKE]debtplan[/STRIKE] Stepchange and they said that the baliff would be able to take our stuff, even though everything is in my husbands name, because I have a job and it is likely that i paid for things in the house. If a baliff came to my house, I would seriously have break down.

Please help me get a plan together. These are the only 2 things - I have credit cards in my husbands name but never carry a balance and I only spend what I earn (unless there's a cheeky interest free promotion on)

I have never had any other late payments or bad debt other than these 2 very old things

Tixy

When did you last pay anything towards these debts?

Was the last payment the ones you were making through CCCS? do you know when those payments stopped.

Or did you make payments to both debts in 2009?

I called debtplan and they said

Sounds like they gave you unhelpful and inaccurate advice. If you do need advice on dealing with your debts speak to one of the recommended debt advice charities.
However the best thing to do is avoid bailiffs coming at all. If a creditor does take you to court it is usually best/possible to get the court to agree what amount you must pay monthly towards the debts (which they will base on your finances). Providing you then keep up with those payments bailiffs won't be instructed.

cc321

I last paid on the Egg - Lowell on in 2010/2011 I think. By paying on it I have read that I accepted the debt but in all honesty, I was just wanting them to leave me alone and still am not sure what I am paying.

I haven't paid on the Barclays - not sure who the collector is now - since at least 2009.

Do I have the right to still ask for the proof of debt or anything that shows how much I actually owe and the payments I have made already?

I am happy to pay the original debt but I do not want to pay any extras.

DO you think the Lowell one will accept the 40% offer they offered me over christmas now that they have sent it to Bryan Carter? Or will they think they have me in a better position...

If I call and offer to pay the 40% is that accepting the full debt?

I know I am to blame for not keeping records over the years but shouldn't they also be responsible to provide me with my charges and my payments?

Sorry, the charity I called was called StepChange - not debt plan (not sure where I made that up from). I saw the commercial and I called and they also told me to immediately change my bank account from Barclays saying they could take my money out of my current account to pay my old debt.



TIA

Tixy

Absolutely you have a right to request proof of the debt at any time, and a breakdown of the balance they claim is owed.

I would send a letter to ask for this - Letter when you know nothing about about the debt - AKA "Prove it" letter

They are still likely to accept a reduced full & final settlement, but if you were going to offer this always do it in writing never by phone. You need written confirmation from them it will be accepted in full & final settlement of the debt and you will not be pursued further and you need to before you make payment - see here - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers but I wouldn't make any offer until they have provided you with proof of the debt and a breakdown.

Stewart_78

OP, well done for posting. It's a good first step. You will find excellent people here who will help you. One thing I will say is that 95% of what any debt collector will tell you or threaten you with is bluff and bluster. It's designed to unsettle you and put you into a state of fear and panic.

Your debts sound like old Barclays and Egg credit cards, presumably opened pre 2007. What they don't want you to know is that they probably don't have the paperwork that they would need to take you to court in the first place.

So, first, calm down and let the experts here help you. Don't panic. You need to do the 'prove it' letter as Tixy says. Let us know what they come back with.

What I would advise you don't do is take all the nasty letters to heart. I've got a pile of about 5000 telling me the bailifs are coming around. Never seen one.

happy_bunny_2

On debts this old, you should submit a CCA request for each. Once they have successfully responded to the prove it letter.

Without the signed original, court action can easily be defended on this basis.

These things often go missing, especially after a long time and when the debts get sold.

cc321

Thanks all. I'll send out the prove it letter tomorrow. I can't believe I've let it drag out this long! I will keep you posted and look forward to getting the help I need here to see this through this time!!

Feeling motivated which is quite a few steps up from earlier when I posted after I needed an anxiety pill to cope with the letter that came today from Bryan Carter!

Should I send the prove it letter any special way? Not that familiar with the postal options here.

happy_bunny_2

cc321 wrote: »

Thanks all. I'll send out the prove it letter tomorrow. I can't believe I've let it drag out this long! I will keep you posted and look forward to getting the help I need here to see this through this time!!

Feeling motivated which is quite a few steps up from earlier when I posted after I needed an anxiety pill to cope with the letter that came today from Bryan Carter!

Should I send the prove it letter any special way? Not that familiar with the postal options here.

Signed for, or proof of posting will do. The latter is free. Mention you have obtained proof of posting in the letter, so if they choose to ignore it won't do them any favours.

cc321

Hello Everyone - I received the reply from Bryan Carter. I don't see how to upload the pic so I'll just type it out for your review...

Outstanding Balance 3,308

We confirm this debt relates to an outstanding Egg loan. We confirm the last payment made was 40 in 2011. The account wsa assigend to Lowell in 2009 and you would have received notice of assignment.

We confrim we have been instructed by our client in relation to the collection of the outstanding balance, which they believe is lawfully due from you. You may veryify our instricurions with our client should you wish.

It's the original ceditor's policy to provide its customers with agreements at the point of contract and statements throughout the duration of the account. Consequently, you have previously been provided with the validation of the debt and you are referred to your own records for the same. If you require further copies of such documentation you may request the same from our client directly : Lowell

We have noted your request regarding telephone communications and confirm that furture correspondence wi be in writing where possible.

We trust the above clarifies matters and we should be grateful if you would contact us by 27 Mar with confirmation of your position or alternatively with your payment proposals. Should we not hear from you by this date collection activity may resume.

END

Ok so I've thought about it more, and I did make payments DD up to somewhere around from 2009/2010 - 2011. Again,I have no idea if the amount has gone down. How do I get a look at the original charges or the balance in 2003 when I stopped 'spending' and where I am today with all the payments I have made over the years.

Thanks in advance for your help.

cc321

I've also gone through my old papers to look for papers on my other debt with Barclays (also from 2003) and it looks like it was most recently with a company called Apex but they haven't sent me anything to my current address and I am not sure what is current status of that. This debt is more than I remembered...it says about 5000 so I can't cope with thinking about that one just yet.

sourcrates

cc321 wrote: »

Hello Everyone - I received the reply from Bryan Carter. I don't see how to upload the pic so I'll just type it out for your review...

Outstanding Balance 3,308

We confirm this debt relates to an outstanding Egg loan. We confirm the last payment made was 40 in 2011. The account wsa assigend to Lowell in 2009 and you would have received notice of assignment.

We confrim we have been instructed by our client in relation to the collection of the outstanding balance, which they believe is lawfully due from you. You may veryify our instricurions with our client should you wish.

It's the original ceditor's policy to provide its customers with agreements at the point of contract and statements throughout the duration of the account. Consequently, you have previously been provided with the validation of the debt and you are referred to your own records for the same. If you require further copies of such documentation you may request the same from our client directly : Lowell

We have noted your request regarding telephone communications and confirm that furture correspondence wi be in writing where possible.

We trust the above clarifies matters and we should be grateful if you would contact us by 27 Mar with confirmation of your position or alternatively with your payment proposals. Should we not hear from you by this date collection activity may resume.

END

Ok so I've thought about it more, and I did make payments DD up to somewhere around from 2009/2010 - 2011. Again,I have no idea if the amount has gone down. How do I get a look at the original charges or the balance in 2003 when I stopped 'spending' and where I am today with all the payments I have made over the years.

Thanks in advance for your help.

This is just complete and utter tosh, you are free to request a copy of your agreement AT ANY TIME !!! they are trying to stall you, do Lowell own the debts ? if so send CCA request to Lowell, for a debt this old I will stand on top of Buckingham palace naked playing a banjo if they manage to come up with a copy of your original agreement !!!!!


OP, read this very carefully, any creditcard or loan debt from 2007 or before has been proven to most likely be unenforceable in court due to the paperwork either not been available or incorrect in many ways, this loophole in the law was closed after 2007, but this will apply to your debts as they are from 2003, send a CCA request to whoever is writing to you about these debts asking for a copy of the original agreement, enclose a £1 postal order or cheque, (statutory payment) they have a certain time frame to respond to you, most likely they will not have this paperwork, which means they cant get a judgement against you in court, even if they do provide the correct paperwork it will most likely not contain all of the prescribed terms that legally it should, this is your course of action to take OP.