Please help - debt advice needed

Kezzzza

Hello
Please bear with me whilst I try to explain my situation.
10 years ago I separated with my partner - at that time we had loans and credit cards in our individual and joint names. We decided to go with a company called 'Spectrum' who managed our debts but then heard various reports that they weren't a reputable company so we stopped the payments (approx 5-6 years ago).
Since then, I have received numerous letter from various debt agencies which i have never responded to (ignorance is bliss so they say).
However, recently I have received 3 CCJ claim forms, 2 of which I have sent off to be 'redetermined' as the monthly payment amounts were ridiculous.

In total I have 8 creditors in my sole name which equals approx. £22,000 and I feel like my head s going to explode - as well as the CCJ's I am being contacted regularly by '1st Credit' and I;m not really sure what to do as I am petrified of receiving more CCJ's!

I have heard about something where your debts are wiped off after so long, is this true?
What would everyone advice I do??

Any help would be great!

Thanks

Kelly

EssexHebridean

If there are debts where you have made no payments and had no contact with the "owner" of the debt for 6 years then they *may* be statute barred. Do you know whether "Spectrum" were definitely making over the payments you made to them, to your creditors?

You're not the first person to have encountered issues with debt after a split from a partner, it's always tricky.

I take it that you don't dispute that the debts were actually incurred by you? Is there anything there you took in your ex's name, for example, that they may be willing to take on? (Remember if so, that although they would be paying, you would remain liable).

Are you able to meet the payments? Have you done a Statement of Affairs (SOA)? If not get that done and perhaps consider posting it in here so people can take a look and identify where you may be able to make savings, and in fact whether your required payments would be achievable. You'll find the link to the SOA calculator in the sticky thread at the top of this board.

You're in the right place - masses of help here and everything is fixable with determination.

Kezzzza

Thank you for your quick response.

My partner has left all the debts to me - I'm not even thinking about the joint ones (although I haven't heard anything about these for a long time) - even when we were dealing with Spectrum, it was me who was making the payments - he does nothing.
All the debts (other than the ones with CCJ's) have had no payments or contact since Spectrum - who I am assuming passed the payments onto the Creditors - but this was stopped years ago.

I have done a budget with 'Stepchange' and have printed off some example letters - but I am hesitant about re-establishing contact with the creditors again after all this time.

How could I check how long its been? Is there a way? Im guessing it has been 6 years - is there a way of seeing if the debts are "statute barred'?

sourcrates

I think your referring to the Limitations act 1980.

If you dont acknowledge a debt in writing, or pay it, for a period of 6 years or more (England & Wales) then the debt will become statute barred, and you wont have to pay it, however, if legal action has been taken within those 6 years, then the Limitations act no longer applies.

You need to clarify exactly how you have responded to the claim forms, as the debts concerned may of been statute barred.

Kezzzza

I have only acknowledged the 3 debts which I have received a CCJ claim form for as I was informed that under no circumstances should I ignore these. So i replied acknowledging the debt, completing the income/expenditure information and putting a suggested payment amount in. I am currently paying one CCJ and another 2 I am waiting for the redetermination decision. I am assuming that there is nothing I can do about these 3 debts, but was asking for advice for the other 5 (who have had no payments/contact from myself for years)

Kelly

EssexHebridean

Can you check back to see EXACTLY when you terminated the agreement with Spectrum?

sourcrates

Ok, Hi Kelly,

It seems you may be stuck with the CCJ`s now, even if a statute barred defense applied, the set aside fee`s would be £765.00, a lot of money, with no guarantee of a positive result.

So best to concentrate on the 5 outstanding, so one question to start with, are you been actively chased for any of these 5 debts ?

Kezzzza

I don't know when I cancelled by agreement with Spectrum - The agreement was taken up in 2007 but it only lasted a couple of years - I have 2010 in my head but unfortunately during my 'ignorance is bliss' period, I just destroyed any letters I received.
I only seem to be getting letters from '1st Credit' at the moment for 2 of the creditors which are both Lloyds TSB

sourcrates

Sorry for all the questions, but its quite important we get accurate information to work with.

So if you went with this spectrum company in 2007, then all the accounts in your name must of been opened a good few years prior to this, yes ?

Can you tell me what the accounts originally were, for example credit card, loan etc, and the approximate date the accounts were originally opened, month/or year will suffice.

Kezzzza

Oh gosh! I think it would be impossible to give you exact dates, but would have been between 2003-2006
They are for overdrafts/loans and credit cards.

sourcrates

Kezzzza wrote: »

Oh gosh! I think it would be impossible to give you exact dates, but would have been between 2003-2006
They are for overdrafts/loans and credit cards.

No that`s fine, all pre-April 2007 accounts then.

What i suggest you do, as most, if not all of these accounts will be close to, if not already, statute barred, is tackle them one at a time, as and when you are contacted.

There`s no point making an offer on a debt about to become statute barred, so you will have to tread carefully.

You say 1st Credit are chasing two Lloyd's accounts, were they both bank accounts, loans credit cards or what ???