Debt Issues

Craignyc

Hi,i would like to say that this is great to have the burdens lifted a bit from the stress and some sleepless nights it gives you.So i am finally sorting it out after a few years hidding it away.

1.My issues are Capital One passed a debit of £200 last record shows 180 and now they wanting £480,they passed it on to lowell who have passed it on to red where the chap told me how this came about 280 in charges and including a £90 dcc fee then started to try to bully me to pay so i hung up on him.So am i right in fighting this?

2.RBS well many moons ago went overdrawn and now the amount is £300 but alot where bank charges ,they have passed it to capquest but not got it in writting and also still states RBS on Credit report recovery debt,now i know i can claim back but im waiting on statements to proove should i pay them off and then claim back,whats the best course of action?As Capquest are trying the same bullying tactics.

3.As for the others and there are many more credit cards i am waiting on informaion back but will no doubt see where i stand in weeks to come,some of these cards go back as far as 2001.

Thanks for all the help and appreciate the time,i know it does not seem like alot of money but when there are 5 cards and one loan,which are still outstanding it all adds up to maney i dont have.BTw Activ capitial are looking into a Lloyds loan for £6000 i took out,i also took the insurance(payment protection) about a year later i lost my job then did not work for about 2 years on the credit report it says it was settled with lloyds but they have the amount owing now to Activ,any ideas?


Thanks

floss2

Can anyone help on this guys?

Storm

OK, first thing is to get copies of the signed credit agreements with all these companies - there are template letters around which I'll go find in a moment. If they cannot produce a copy of the signed credit agreement then they cannot enforce the debt.

At the same time insist that all communication is in writing - if they phone refuse to speak to them as they'll try and bully you. If they persist you can send a letter pointing out that it constitutes harrassment.

For the old debts - if you've not acknowledged the debt in 6 years then it becomes 'statute barred' - there is also a template letter for this which I'll find.

OK, specifics:

1. Once you've sent the letters & they've proved you owe the money you can either set up a payment plan or offer full & final settlement of the account - with payment plans i would recommend waiting until you have details of all your debts though as you can work out a budget dividing the amount you can afford between your creditors.

2. All bank charge cases are on hold at the moment pending the outcome of the test case - you can send off for the statements & get the initial letters in, but the bank won't process it in all liklihood until after the case is finished.

3. Send off for your credit report as this will list everything you've got outstanding & to whom.

Once you've acknowledged debts, start making token payments, even if it's £1 a month until you've got all your finances in order - this will show that you are willing to pay off the debt.

Storm

Statute barred: http://www.nationaldebtline.co.uk/england_wales/temp/5657_10811.pdf

Credit agreement: http://www.nationaldebtline.co.uk/england_wales/temp/3724_90321.pdf

Storm

Harrassment draft:

Dear

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully

Storm

Oh and meant to say - send by recorded delivery & print out the confirmation from Royal Mail's website so they can't deny receiving the letters!

Craignyc

Thanks for the replies - I have actually been writing to these companies since January and am still waiting on copies of my signed credit agreements & statements! Every time I write to them they take weeks to write back then just say I have to call them. Capquest even tried to tell me I can't get a copy of my credit agreement or statements showing where the balance came from but threatened me with legal action when I said I won't pay til they prove I owe the debt.

I just find that as soon as I start getting somewhere with 1 company (e.g. they agree to send me my credit agreement/statements etc) they pass it on to another company who immediately jump on the bandwagon and start threatening me, then I have to go through the whole process from the beginning again.

I also find they will send a letter threatening legal action unless I respond within 7 days, then send it by 2nd class post so I don't get the letter til the 7 days is up!

It is just so frustrating that these companies deliberately appear to be as awkward as possible and most of them aren't even regulated so you can't report them to anyone.

I have insisted on dealing with them in writing for this entire year but not really been using recorded delivery - think I will have to resort to this now so they have no excuse.

Storm

What I would do is send the credit agreement letter once more (by recorded delivery) to them as it's got the section pointing out that unless they supply you with a copy the debt is not enforceable (don't know if you put this in earlier ones)

If it still doesn't come, and they continue to contact you then report them directly to trading standards - they're breaking the law, simple as that!