Seeking Advice on Sending a Letter to Request Debt Write-Off

getittogether95

Hi everyone,

I’m looking for some advice on how to handle a really difficult situation. I’ve written a letter explaining the circumstances surrounding my debt, which was incurred during a period of severe abuse in every sense of the word (unfortunately) where I had no autonomy or control over my financial decisions or any decisions. My abuser took out loans in my name, spent money without my knowledge, and even locked me out of all my accounts by changing my passwords. I was also subjected to constant monitoring, threats, and isolation, which made it impossible for me to seek help at the time.

I’ve explained in the letter that I’ve been diagnosed with PTSD and severe depression, that I’m receiving support from a specialist abuse service, and that I have no disposable income to pay this debt. I’ve requested that the debt be written off entirely, but now I’m unsure about a few things:

1. Should I send this letter to the original creditor or the debt collection company?

The debt has been sold on, but I’m not sure if it’s more effective to appeal to the original creditor or just deal with the company that now owns it.

2. Should I ask for defaults or other negative markers on my credit file to be removed?

Is it worth requesting that any defaults or adverse credit entries be removed, especially if they were linked to the abuse? Could I also ask for the default date to be backdated to reflect when the debt originated?

3. Is there anything else I should include in the letter?

I’ve mentioned the crime reference number (for what it’s worth), my financial situation without details, and the psychological impact this has had, but I want to make sure I’ve covered everything important. Is there anything else that might strengthen my case?

Any advice would be so appreciated. This is a really overwhelming situation, and I just want to do everything possible to address it the right way.

Thank you so much in advance for your sensitivity with this 

RAS

Are you sure it was sold on, not assigned? If assigned, the letter from the DCA would refer to "our client".

getittogether95

RAS said:

Are you sure it was sold on, not assigned? If assigned, the letter from the DCA would refer to "our client".

Hi, thank you for your reply. They typically all just say "Original Lender" or "Original Creditor" - I'm not sure whether this means it's been assigned.

RAS

when you look at your credit record, do you have two entries for the debt? One in the name of the original creditor, now set to zero but with the default date and one with the current debt, same default date?

getittogether95

Yes, from what I can tell some are appearing like that, but not all. Some of them just appear under the collection company

getittogether95

I have just checked again and several are definitely sold on 

RAS

If they are definitely sold on, then deal with the DCA. You are getting help for a financial abuse charity, I hope? Anything more to support your claims.

fatbelly

Send it to whoever is writing to you. Be prepared to do this more than once

You can ask for CRA info to be removed but don't worry too much if it isn't

You say you are being supported by an abuse charity. A letter from them would be worth including

getittogether95

I have received help from 'surviving economic abuse' and StepChange. The main evidence to support my claims is a crime reference number, details of my financial hardship, and confirmation of my engagement with STARS Dorset (counselling following abuse). It feels so unfair that it's all so hard to prove, but I suppose that's just the nature of the beast. 

Do I need to write any specific key things in my letter with regards to my credit file or the general request?

ManyWays

Its worth being clear that you have no assets, equity in a house, savings or a car.

I’ve been diagnosed with PTSD and severe depression
Then it would be good to also ask for a write off because of your mental health, not just the economic abuse. 

getittogether95

I’ve requested proof of engagement with STARS and a letter from my GP. It’s the first my GP is really hearing of it other than an elective C-Section due to my past. Is there any use trying to get my CCJs set aside? I suppose the companies I’ve written to might be more willing to give consent given my circumstances - do you have to attend a trial either way? 

I find that I get really flustered when even thinking about legal proceedings etc because it brings a lot back. I need to just be brave and advocate for myself but don’t want to look silly if I’m asking them for something that just won’t happen.