Debt collection letter, help needed please

lostsquirrel99

This is long and I don’t know where to start as I’m quite overwhelmed but I really need to do something about my debt.

Firstly please don’t judge me, I really didn’t plan for any of this and I’m just looking for a way to get my life back on track.

I recently got a letter from a debt collection agency for a debt that I believe is mine but I am unable to pay.

Some years ago I found out I had cancer and foolishly decided that “if I’m going to die I’m at least going to have a great Christmas”. It was stupid, irrational and irresponsible but I really wasn’t in my right mind at all.
Fast forward to today and I’m (luckily) still here but have no idea how to get out of any of this mess.
I did multiple 0% transfers and believe this debt may have been one of them.

My mental health has never been great - when I was younger I struggled very badly with depression and anxiety, after Cancer treatment I became paranoid and agoraphobic for a while and have since been diagnosed with a bunch of other health issues (probably the most relevant here are ADHD and M.E.)

Its embarrassing but I have never been able to hold down a job- I likely had M.E. for all of my adult life and go through bouts of severe pain and exhaustion that always lead to me needing a lot of time of work and then being let go.
The adhd can make me very impulsive and forgetful and I also struggle with numbers so I’ve found it very hard to get a grip on budgets (though I am getting a little better at this)

I am currently not working and receive benefits, I live with family as I just don’t really cope well with my health issues - this has been on & off for my whole life and permanently for the past three years and I cannot see this changing anytime soon.

I don’t know where to start to address the debt issue I owe just over £2k to one debt and £115 to another.
I have done as much reading as I can and I believe I should be looking at asking them to write the debt off due to my health issues and because I was not in a fit state when I made these debts but I feel very bad about doing that as well as scared of what they will say.
I cannot afford to pay them and, more than anything, I just want them gone- I’m not very good at dealing with people and the letters and calls are affecting me mentally.

the other thing i read about was the dpo which seemed like another way to get it “gone” quickly but then I’m scared about what might happen in 12 months though I have no idea why- especially when I have spent more than the past 3 years thinking about doing this but just stupidly not getting it done. It’s not like I have huge job prospects I am planning to suddenly become rich! 

I wish I had just done the dpo years ago but now that I’m reading more about debt and mental health I’m wondering how to approach it.
any advice would be greatly appreciated.

fatbelly

The letter you have just received - is that the £2000 one?

Who is it that is writing? If you tell us the name we can say whether it is a dca or a debt buyer or something else

When did you last make a payment to it?

lostsquirrel99

fatbelly said:

The letter you have just received - is that the £2000 one?

Who is it that is writing? If you tell us the name we can say whether it is a dca or a debt buyer or something else

When did you last make a payment to it?

Yes, it’s for £2000, it is from Lowell’s 
it was originally m&s but I can’t remember the last time I made a payment, probably before covid.

fatbelly

Maybe 2019 then. If it gets to six years without you making a payment or otherwise acknowledging the debt, then it becomes statute barred and unenforceable.

Lowell are debt buyers so they have maybe paid £200 for this one and now own the debt.

I'll let others chip in and come back later

sourcrates

Yours is not the worst debt situation I have encountered.

Lowell are fairly easy to throw off the scent with the right responses.

You can choose to ignore, get on with your life, and if you receive an LBA (Letter before action) before it becomes statute barred, you have plenty of time to act upon it.

If you want to "get rid of them" send the provit letter, see what evidence they have for this account, or you can opt for the mental health write off route, or just tell them its unaffordable, you have multiple choices here.

You appear to be knowledgeable on your options, if your not working, then ask for write offs due to your health issues, these companies make commercial decisions based on what you tell them, and any evidence you can provide.

Its best to put such requests in writing, stick to the facts, keep it simple.
Search the forum, one poster in a similar situation to yourself has recently had tens of thousands of pounds worth of debt written off, after just one letter, the bar is not set that high, so if your circumstances demand it, don`t hold back, get writing.

I`m sure fatbelly will comment in further detail.

lostsquirrel99

sourcrates said:

You appear to be knowledgeable on your options, if your not working, then ask for write offs due to your health issues, these companies make commercial decisions based on what you tell them, and any evidence you can provide.

I`m sure fatbelly will comment in further detail.

Thank you - I spent a lot of time lurking here and reading all the information before I felt brave enough to post, it was the posts on here that gave me the confidence to ask and to see that there might be something I can do besides making myself more stressed.

If I start with proveit then I can still send my health evidence to them afterwards?
also- is there such a thing as “too much” health evidence?
I have probably around 12 years worth of medical evidence to back up my issues- can I start with that and, if they want more, then try to find a GP who will fill out the form?
is there a template for sending health stuff and asking for them to consider circumstances?
I am good at reading and researching but actually putting things into action can be difficult (I would likely get help from a friend with some of the writing to speed things up.)

sourcrates

I would go with the provit letter first, then you will know if the debt is enforceable.

Once we know that, then you can decide what further action to take, if they can`t provide any evidence, then it ends there, but if they do, go with the mental health assessment form, there is a standard form I believe, again fatbelly is the font of knowledge on this course of action, so I shall defer to him to fill in the blanks.

fatbelly

So here's your shopping list.

1. Send Lowell a prove-it.

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

It didn't sound like you were 100% sure what this was. Now obviously the best proof that this is yours is a copy of the original agreement with your details and signature. If they don't send that, let us know, as that opens another angle.

2. Check your credit files. Don't pay anything for this and consider doing it through quidco/topcashback so they pay you.

https://www.moneysavingexpert.com/loans/check-free-credit-report/

They should show this account under Lowell, with a default date. Could you let us know what that is?

If there is anything else there that you are not sure about, ask us.

3. Start to save a lump sum. Everyone should have an emergency fund of maybe 3-6 months income. In your case it could be a useful fighting fund if all else fails. If you want help to budget, complete and post a statement of affairs for us to look at

https://www.lemonfool.co.uk/financecalculators/soa.php

4. Finally for now, download and print this form (DMHEF) and ask a medical professional to complete it. They should not charge a fee. Don't rush to send it anywhere but it may form part of your preferred strategy in a month or two

https://nationaldebtline.org/fact-sheet-library/debt-and-mental-health-ew/

https://www.nationaldebtline.org/documents/debt_and_mental_health_evidence_form_DMHEF_pack_with_instructions_NDL_EW.pdf

lostsquirrel99

Small update: 
I sent the prove it letter off to Lowell’s on the 31st, recorded.
it arrived and was signed for on the 2nd or august.
today I received a letter saying “you’ve not responded to our attempts to contact you, we’re considering further collection activities” dated 4th august.

I am unsure how to respond.
Part of me thinks this is a delay/oversight of an automated letter, but another part is concerned they are ignoring or will try to deny receiving the pod.
Should I resend the POD and mention that, having already received my previous letter which was recorded that they are in breach of FCA rules by continuing to contact and harass me when they should be investigating my claim?

backinbusiness

I would ignore meantime - likely crossed in the post and automated as you say.  BiB x 

sourcrates

Standard computer generated tripe sent by all collections companies.

Usual turnaround for a written response from Lowell`s is around 3-4 weeks.

They tend to respond to email a lot quicker.