Hi guys A little help needed please

houghton19

Hi guys,


When i was younger i got myself into quite abit of debt. This was made easy by the way banks gave me way to much money and obviously at a young age my lack of self discipline.

Anyway what it boils down to is that i had recieved a letter from barclay credit card (i think i have a letter but im gonna check it) saying that basically they owe me nothing but i also didn't owe them anything. (i thought great, just earned just over £2k)

Anyway, a few week ago i received a letter from a debt collection agency saying i owe them roughly £500 for a old mobile phone (cant remember it but i have had help off here to try and fight that..... just waiting for there reply)

Here we go again.......

I also received a letter this morning off another debt collection agency saying that they had bought the debt off barclays.

SO..

if everything goes wrong what can i do....

this is what i have happening at the mo.

My biggest debt to these ppl is £6197.29 (lower than it was)

i now received the one this morning £2292.61


vodafone (below £500) BUT NEED CONFIRMATION.


so if i have these totaling


£6197.29
£2292.61
£ 500.00

£8989.61 <

---

total

So hows the best, easiest and most importantly the cheapest way to solve this ???

When i first told my family about this i thought about bankruptcy but thats too easy and i feel a bit dishonest so rather do it properly .

Thanks in advance

Very stressed Tim.

ta.



EDIT: Forgot to say that my biggest debt has been paid for a while. I have £10 a week coming out of my wages every weekbefore i get it.

Also as far as i know all intrest has been stopped.

Gale_10

Hi,

If your debts are older than six years, then they are probably statute barred, in which case you can't be made to pay them by law.

If they are not older than six years, then you can write and ask the companies that are requesting money if they have a CCA, a consumer credit agreement. Plus for the debt collection agency, they need to provide you with a deed of assignment.

Here is a template letter:

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.

With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 12 + 2 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.


This is quite a simple version of the letter, but there are more complex ones on different threads.

You must send a postal order for one pound, and also send it *signed for* so you know that its definitely got there. Plus its a good idea not to sign your name, just print it, because they have been known to forge signatures.

Hope this helps,
Gale

Need_To_Sort_It

Wow, that's a helpful bit of advice there Gale_10 thank you. I have one creditor who I really cant remember having, think I will ask the debt collection agency to send this paperwork.

If they cant provide it all, what does it mean for the debtor?

Thanks

houghton19

Gale_10 wrote: »

Hi,

If your debts are older than six years, then they are probably statute barred, in which case you can't be made to pay them by law.

If they are not older than six years, then you can write and ask the companies that are requesting money if they have a CCA, a consumer credit agreement. Plus for the debt collection agency, they need to provide you with a deed of assignment.

Here is a template letter:

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.

With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 12 + 2 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.


This is quite a simple version of the letter, but there are more complex ones on different threads.

You must send a postal order for one pound, and also send it *signed for* so you know that its definitely got there. Plus its a good idea not to sign your name, just print it, because they have been known to forge signatures.

Hope this helps,
Gale

thanks.

also if i do have to pay them is it better to try and go threw a IVA or not ???

cheers.

tealady

Hello, dont pay them till they can prove you owe the debt. When they reply pop back for some more advice. In the meantime if you put up a full SOA the wonderful peeps on here will make sure you are going the right way to sort this out

Karmacat

Hi there houghton19

welcome to mse! I don't know anything about this sort of debt, to be honest, but just popping in to say, you probably also need to look at your overall financial situation as well - the time-honoured advice is coming up here! - do a SOA, a Statement of Affairs - if you go to the first post on this forum and scroll down, you'll find how to lay it out. What that does is tell people on here what your income and outgoings are, and so how best you might free up money to throw at the debts - with debts of less than £10,000, the odds are strongly in your favour that you don't need an IVA, I *think* - as I say, I'm not an expert on that sort of thing. But finding you more money from the expenses you have, yes, and lots of other people here are much better than me at it too. Good luck.

houghton19

Thanks Karmacat,

Yeah i'll do a SOA when i finish work tomorrow....... i bet i waste loads of money on "not musts" but we all become accustom to a good life. lol

cheers guys.

houghton19

tealady wrote: »

Hello, dont pay them till they can prove you owe the debt. When they reply pop back for some more advice. In the meantime if you put up a full SOA the wonderful peeps on here will make sure you are going the right way to sort this out

Im back guys.

I got the £500 written off, i also since this post have had the four letters off the company that bought the debt off barclays, i sent the letter to them that you said to send, i have had 4 letters off them between Jan-Feb 08 and each of these letters have had different ammounts owed, ie started at 2000 ish, then down to 19XX ect.

I was told that the case will be put on hold, and i have heard nothing since feb 08, what should i do now guys.


cheers


Tim.

houghton19

any body any ideas what i should do ????


Thanks.

RAS

Houghton

We need a bit of clarification here.

You have a letter from a DCa regarding an old debt

You sent off a CCA request.

What did they send back? We need the details.

houghton19

hello, and thankyou, with out writing the whole letter i will summerise.


27th dec 07

Telling me they bought the account from barclays.

i owe £2292.61


I then sent above letter.
.....................................................................................................................................
7th Jan 08.

Your request for info under consumer credit act...

cabolt finance acknowledge recipt of my request under sections 77 and/or 78.

There not obliged to provide this info, but are pleased to help and have already requested documents.

what happens next.....

we anticipate that we will be able to provide this info within 12 days. In the event we are unlikly to obtain this info within those limits we will write to you again.

in this letter i owe... £2299.57


...................................................................................................................................................
31st Jan

Your request for info under consumer credit act...

the lender is having problems finding your information, although 24 days have passed since your request we hope to be able to send out the info shortly. We shall remind the origional lenders that your information remains outstanding and should be processed as a matter of urgency.

THE STATUS OF YOUR ACCOUNT

Your account shal remain on hold untill further notice.

Ammount owed on this letter...... £1923.86


(please note, no payments have been made off this account)

........................................................................................................................................................

12th Feb 08


Your request for info under consumer credit act...

unfort not able to get this from original lender within the relevent time period. We have worked hard to obtain this information for you however the orional lender has not yet been able to locate the relevent information from there archives.

Your account:

Cabolt shall continue to hold any action on your account untill further notice.

What happens next ?

Although cabolt is dependant on the original for the information, the relevent time period has now expired. However cabot shall continue to request the info from the original lender to assist you with your request. We hope to recieve the relevent info shortly.

I owe: £1923.86

..................................................................................................................................

I have not heard anythig since this last letter.

also notice how the ammounts i owe differ, and when speaking on the phone they dont seem to know how much i owe either.


Thanks in advance to anybody helping.


Tim.