Struggling with debt? Ask a debt adviser a question

merryboy

Hello
This is my first time posting so hope this is correct.

I missed some council tax payments after an illnes which meant the debt was moved to Equita to enforce. To cut a long story short Equita have passed the debt on to a bailiff who has made his first visit - he just left a note - but the amount Equita said I owed on the last letter I got from them and the amount the bailiff says I owe are different. I have asked for a written breakdown from both parties to no avail. I also notice that on th last letter Equita sent me they demanded full payment with the enforcement fee added on (£235) which I know was a week before the bailiff actually came to my house. I have paid Equita £100 towards the debt to show willing but I want to know what the correct amount is before I pay in full and whether Equita have acted incorrectly by adding on fees and demanding payment for the enforcement fee before a visit to my house was made.
Hope this makes sense

Many thanks
MB

sourcrates

merryboy wrote: »

Hello
This is my first time posting so hope this is correct.

I missed some council tax payments after an illnes which meant the debt was moved to Equita to enforce. To cut a long story short Equita have passed the debt on to a bailiff who has made his first visit - he just left a note - but the amount Equita said I owed on the last letter I got from them and the amount the bailiff says I owe are different. I have asked for a written breakdown from both parties to no avail. I also notice that on th last letter Equita sent me they demanded full payment with the enforcement fee added on (£235) which I know was a week before the bailiff actually came to my house. I have paid Equita £100 towards the debt to show willing but I want to know what the correct amount is before I pay in full and whether Equita have acted incorrectly by adding on fees and demanding payment for the enforcement fee before a visit to my house was made.
Hope this makes sense

Many thanks
MB

Merry boy, see here :

http://bailiffadviceonline.co.uk/bailiff-fees/council-tax

Craig_Brewin

Looking for some help.
i have business debts from a company i am trying to close down as i have now started another job these consist mainly of my van £30,000 and a business loan 12,000 that i took years ago to start the business. i was only a sole trader but i am now struggling massively with my finances and im on the verge of loosing my house, can anyone offer me any advise ?

StepChange_Allen

merryboy wrote: »

Hello
This is my first time posting so hope this is correct.

I missed some council tax payments after an illnes which meant the debt was moved to Equita to enforce. To cut a long story short Equita have passed the debt on to a bailiff who has made his first visit - he just left a note - but the amount Equita said I owed on the last letter I got from them and the amount the bailiff says I owe are different. I have asked for a written breakdown from both parties to no avail. I also notice that on th last letter Equita sent me they demanded full payment with the enforcement fee added on (£235) which I know was a week before the bailiff actually came to my house. I have paid Equita £100 towards the debt to show willing but I want to know what the correct amount is before I pay in full and whether Equita have acted incorrectly by adding on fees and demanding payment for the enforcement fee before a visit to my house was made.
Hope this makes sense

Many thanks
MB

Hi MB

Welcome to the forum and thanks for posting.

The link provided above by sourcrates is accurate, so yes, this fee should have only been added at the time of the first visit. If you feel this hasn't been applied correctly then you could make a complaint to them.

I don't know what the consequences of this would be for the organisation if proven, but if you're unhappy with their response you could escalate it further as per their complaints procedure.

I hope this is helpful.

Allen

StepChange_Allen

Craig_Brewin wrote: »

Looking for some help.
i have business debts from a company i am trying to close down as i have now started another job these consist mainly of my van £30,000 and a business loan 12,000 that i took years ago to start the business. i was only a sole trader but i am now struggling massively with my finances and im on the verge of loosing my house, can anyone offer me any advise ?

Hi Craig

Welcome to the forum and thanks for posting.

There's definitely advice out there for you; we'd recommend you contact Business Debtline to discuss the situation as you still have a live business, even if it is being closed down. Their website is: www.businessdebtline.org and they can help with personal as well as business debts.

I hope this proves to be helpful.

Allen

jessthornton97

Hi!

My boyfriend is 22 and is in debt of £14,500 all across numerous credit cards and he owes his parent money and myself. He is really struggling now as his job is earning him £6-700 per month. Please can you give some advice as he thinks it’s the end and he’s never going to get out of it. He won’t tell his parents or won’t go to citizens advice so it’s down to me to get the advice he needs to help him.

Please help,
Thank you

Plonter

sourcrates wrote: »

Merry boy, see here :


Thanks for the link.

Former_StepChange_Joe

Hello

Thanks for posting, and welcome to the forum.

I’m sorry to hear your boyfriend is struggling with his debts. When you’re caught in a cycle of borrowing and trying to pay debts back, it can often feel like there isn’t a way out. Please be assured that he isn’t alone: with your support and our advice, we can help him find a solution.

The first step is to create a budget, detailing his income, spending and debts. This will give us an understanding of his situation so we can give the best advice and recommend the right solution for him.

A good place to start is our online Debt Remedy self-help tool. This is available 24 hours a day, is completely anonymous, and takes about 20 minutes to fill out and access the advice. You can complete it alongside your partner: it will guide you through creating a budget and will then offer the best debt solution for his situation.

I hope you’ve found this helpful.

Thanks

Joe

jessthornton97 wrote: »

Hi!

My boyfriend is 22 and is in debt of £14,500 all across numerous credit cards and he owes his parent money and myself. He is really struggling now as his job is earning him £6-700 per month. Please can you give some advice as he thinks it’s the end and he’s never going to get out of it. He won’t tell his parents or won’t go to citizens advice so it’s down to me to get the advice he needs to help him.

Please help,
Thank you

Mrsdstar

Not sure how to start a forum....have a question about a debt and wondering if statue barred.
Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....


So is it statue barred already or will it be 6 years since that is where the debt occurred?

StepChange_Kirsty

Hi MrsDStar,

Thanks for your post.

It really depends on how long you’ve lived in Scotland. If you’ve recently moved to Scotland it may be difficult to argue that the Prescription and Limitations Act 1973 (Scottish Law) would apply. However, it is our understanding that if you’ve lived there for a while and if court action was to be taken in the next few months you could try to argue that the debt has been extinguished under the Prescription and Limitations Act 1973. You might want to seek independent legal advice if you do receive court paperwork in the next 4 months and intend to argue that this act applies. Also this is on the understanding that no payment or acknowledgement of the debt has been made in the last 5 years. When a debt is extinguished the debt technically no longer exists.

If you’ve only moved to Scotland in the last few months it’s likely that The Limitations Act 1980 (English Law) would still apply to you. This is where the debt becomes statute barred if you have not made a payment or acknowledged the debt in the last 6 years. Under English law the debt still exists but the creditors would have lost the opportunity to enforce the debt through the court.

Of course if legal action is only attempted after the 6 years then you would be covered by the law either way.

I hope this helps.

Kirsty

Mrsdstar wrote: »

Not sure how to start a forum....have a question about a debt and wondering if statue barred.
Debt happened while living in England 5 years 8 months ago. I know statue barred in 6 years...but I live in Scotland where statue barred is 5 years....


So is it statue barred already or will it be 6 years since that is where the debt occurred?