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Help wi debt collectors
spangle82
Posts: 4 Newbie
Hi all, I am really hoping you can help me with some advice. I've been reading on and off now for a couple of months, and delaying action for just as long, but here goes...
A little background info ... my sister has been very unwell for a while and I have been taking care of all her day to day finances and affairs.
A few months ago a CCJ letter arrived for a debt she cannot recall, and I know for sure has not received a payment in these last few years. It gave an option to dispute it, but I really did not know what to do. I therefore sent back the forms and a monthly payment has been set up.
A few weeks ago a letter arrived concerning another debt. Again, this is the first I have heard of it and no payment has been made in a long time.
Please excuse the jumbled and somewhat random spillage of thoughts and questions to follow!
Disputing - I am happy for us to pay what she owes. When I called the debt agent for the second one and asked for all the info they had, they said they could send me the route the debt has taken, along with payment details, but would not be able to provide me with copies of the agreement and doubt they could get it after all this time. Is this what the CCA request is about? The last payment made to this debt was in 2013.
The paperwork they sent shows payments to a couple of DMP firms. I recall some years ago her mentioning she and her partner had been making payments to some company and somehow at the end owed even more as interest had still been applied and they hadnt realised.
I should imagine taking all these payments into account she has more than paid off the amount owed, but sadly it didnt go to the debt.
Credit file (?) - these debts are from around 2005/6 so will they show here? I need to find out if there are any others lurking. Do all unpaid debts still show regardless of the time passed, or are they removed from your file if they are defaulted. If the latter, do we just have to sit here and wait to see what turns up? or is there another way to find out?
Anyway, I am rambling and really just needed to get started.
I need to bring some order to everything, so any thoughts would be much appreciated.
Thanks for listening
A little background info ... my sister has been very unwell for a while and I have been taking care of all her day to day finances and affairs.
A few months ago a CCJ letter arrived for a debt she cannot recall, and I know for sure has not received a payment in these last few years. It gave an option to dispute it, but I really did not know what to do. I therefore sent back the forms and a monthly payment has been set up.
A few weeks ago a letter arrived concerning another debt. Again, this is the first I have heard of it and no payment has been made in a long time.
Please excuse the jumbled and somewhat random spillage of thoughts and questions to follow!
Disputing - I am happy for us to pay what she owes. When I called the debt agent for the second one and asked for all the info they had, they said they could send me the route the debt has taken, along with payment details, but would not be able to provide me with copies of the agreement and doubt they could get it after all this time. Is this what the CCA request is about? The last payment made to this debt was in 2013.
The paperwork they sent shows payments to a couple of DMP firms. I recall some years ago her mentioning she and her partner had been making payments to some company and somehow at the end owed even more as interest had still been applied and they hadnt realised.
I should imagine taking all these payments into account she has more than paid off the amount owed, but sadly it didnt go to the debt.
Credit file (?) - these debts are from around 2005/6 so will they show here? I need to find out if there are any others lurking. Do all unpaid debts still show regardless of the time passed, or are they removed from your file if they are defaulted. If the latter, do we just have to sit here and wait to see what turns up? or is there another way to find out?
Anyway, I am rambling and really just needed to get started.
I need to bring some order to everything, so any thoughts would be much appreciated.
Thanks for listening
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Comments
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Post moved to general DFW forum.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-letter0
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Hi,
Best to keep all comms in writing only when dealing with debt collectors, a salutary lesson why you should not use fee charging debt management companies as well.
Without a property executed credit agreement the debt would be unenforceable in court.
Defaulted accounts only stay on file for 6 years yes, if any more pop out of the woods, send the provit letter as a first response.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-letter0 -
As for the one you've got the ccj on, it's going to be difficult now to do anything other that pay it. Bear in mind that even though there is a judgement on it, the creditor may well be open to a settlement deal if you come into a lump sum.
As for the other one, if this is a Consumer Credit Act debt, and they have admitted they don't hold a copy of the agreement and particularly if this started before 2007, then you should do a formal s77-79 request.
https://www.nationaldebtline.org/S/factsheets/Pages/creditagreementsscotland/creditagreementadvice.aspx0 -
Hi thanks for your replies, guess I will just pay up and be done with it
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