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Relative debts and possibly reclaiming exorbitant charges

Hi,

my relative had lots of debts after ex left her and the kids in mess. She had several breakdowns and I did not know what was going on until she then had to go for operation last year which turned out to be cancer. She has had two ops as it had spread and has been looking for a job without any luck.

She has finally let me see her finances. She lives like a pauper but the debts from the past were nearly all sold off to debt companies (link was one) and she pays token payments to the credit companies as she has not worked now for a year.

What I want to know is this - Her debts spralled out of control due to the excessive charges £35.00 per letter and late payment charges they put on.

Is it is still possible for her to contact those old creditors and claim repayment of those charges so we can try and then do full and final settlement offers to the credit companies that bought the debts?

All advice will be gratefully received.

Comments

  • sourcrates
    sourcrates Posts: 32,571 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Yes it is, and she should do so.


    Look on the website, Martin has plenty of advise on how to do this.
    Credit card charges, at £35 were a complete rip off.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Monkeyballs
    Monkeyballs Posts: 1,935 Forumite
    Part of the Furniture Combo Breaker
    Hi,

    I'm guessing that she hasn't with everything else going on but might be worth contacting a debt charity?

    Depending on her finances she might be able to get a DRO or similar?

    MB of G
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    When did she default? Check her credit file, Noddle is free and a good starting point.

    When did she last pay or acknowledge the debts in writing?

    Useful to know a bit more before advising.

    Don't contact any creditors yet.

    HB
    :beer:
  • ridvimes
    ridvimes Posts: 16 Forumite
    Hi Guys

    Thanks for your replies -all this went on hold for a while because she was very ill with cancer. Her children have taken over her affairs and identified massive charges in paperwork from 2000s. Her debts were more than doubled due to these debts plus interest and she is still paying back to debt agencies (representative of companies and buyers of her debt).

    She is bipolar on high dosage drugs.

    Given the 6 year rule and the continuing hardship for the whole period is there any hope or likelihood of getting this money back? Any repayment would make a big dent in the debts she has.
    any ideas?
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    I would suggest a call to National debt line, step change or Christians against Poverty. These are experts in debt relief, free, and get rave reviews on this forum. They will be able to work through it all and give some suggestions. It seems on the very few facts given that debt relief of some sort would be appropriate. Give em a call.
    £1000 Emergency fund No90 £1000/1000
    LBM 28/1/15 total debt - [STRIKE]£23,410[/STRIKE] 24/3/16 total debt - £7,298
    !
  • sourcrates
    sourcrates Posts: 32,571 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 1 August 2015 at 3:10PM
    ridvimes wrote: »
    Hi Guys

    Thanks for your replies -all this went on hold for a while because she was very ill with cancer. Her children have taken over her affairs and identified massive charges in paperwork from 2000s. Her debts were more than doubled due to these debts plus interest and she is still paying back to debt agencies (representative of companies and buyers of her debt).

    She is bipolar on high dosage drugs.

    Given the 6 year rule and the continuing hardship for the whole period is there any hope or likelihood of getting this money back? Any repayment would make a big dent in the debts she has.
    any ideas?

    Hi,

    You need to write to each individual original creditor, mark your letter "COMPLAINT", and ask for the charges to be refunded, on the basis that they were unfair.
    As I said in my previous post, look on this site under "reclaiming charges" link here :

    http://www.moneysavingexpert.com/reclaim/

    The advice given for bank charge reclaiming also applies to credit card charges.

    Sometimes they give in straight away, other times they will refuse, if it's the latter, and that's there final responce, you can then go to the FOS who will decide the case on the balance of fairness.
    You have to be prepared for a fight, but don't give in, you will get something back from this.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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