New to this board! Hi - could do with some advice!

rachel4331

Hi

I will try and keep this as short as possible, but here goes!

Myself and DH currently have numerous creditor debts totalling £60k of which we have been paying back reduced monthly pro-rata payments for some considerable time now and whilst bankruptcy would be the viable option, we cannot bring ourselves to do it for various personal reasons etc and the reduced payments are working fine.

A couple of my debts are with Lloyds TSB and The Associates and due to them selling the debts on etc (finally to First Credit, £2295 and McKenzie Hall £3050,) we kind of lost touch for some time (I did chase initially but to no avail so gave up.) However, last year they found me and are flatly refusing my reduced payment offers stating the reason being that as nothing was paid towards the debts for a long time, they now want full and final settlement or quite a large monthly payment which is just not possible at the mo.

First credit are threating a charging order and bankruptcy and McKenzie Hall just keep ringing me every other day and we are getting nowhere. I have supplied a full SOA compiled with the help of National Debtline and CCCS.

My questions are, I have asked each of them to provide a copy of the original credit agreements taken with Lloyds and the Associates but they are refusing, saying due to the age of the debt and it being sold on, its not possible. How far can I go to get this info, can I threaten to stop payments?? Also what tackt can I take with future phone calls to these people?? I really don't know what to say anymore.

Any advice would be greatly appreciated.

dancingfairy

Hi and welcome. Sorry I can't be much help but I'll give you a bump so more people will see your post and hopefully have some advice.

bountiful

Hi Rachel..... Hang on in there and when the 'experts' get on line later today you'll have lots of helpful advice. They will ask you to post your soa (Statement of Affairs) before they can really offer advice. Have you had a look at the sticky threads at the top of the board? There is a helpful post there about how to use this forum as a new person.
I've only been on just over a week and I have already improved my situation so much thanks to the suggestions offered by people on this forum.
Good luck!

chevalier

You have a right under the consumer credit act (I think) to see a true signed copy of the original credit agreement, and also to be given a copy of the deed of assignment. You have to ask for this in writing and pay £1. They then have a set number of days to comply. After that they are breaking the law if they don't supply it.

Other than this, and assuming that the debts are not more than 6 years old, I would pay them what you can afford. Then if it does go to court you will be able to show that you have been making payments based on what you can afford to pay.

Others will be along later who can point you towards template letters for the above, but I don't know where they are

chev

ps is there any reason you won't consider bankruptcy eg equity in the house, or jobs where you can't go bankrupt because of the terms and conditions of your employement?

rachel4331

See, this is the other thing, the debts are over 6 years old and I have heard some one else state about not having to pay them or something?? What are the grounds or rules for this?

TBH, bankcruptcy isn't an option at the mo as it would affect my dh job and tbh, it would just blow my family apart (cannot go into detail on here) if we went down this route. Weighing it all up we are settled with our monthly re-payments at the moment and other than these 2 creditors, all other creditors are happy to work with us.

rachel4331

Just bumping in case anyone else can offer advice.

Thanx

rachel4331

Can't believe how fast this forum moves!!

Could really do with some advice, especially on the 6 year thing??

Lillys_mum

I am not an expert but from what I remember from other posts - if you have not made any payments towards or acknowledged the debt for a period of 6 years then the debt should be statute barred.
There are some others on here who will give you great advice on how to deal with this.

They also cannot harrass you. Next time they call tell them you will only deal with them by letter and if they call you again you will report them for harrassment. There is a template letter somewhere for sending them in this situation.
I will have a dig and see if I can find it for you.

LM

xx

Lillys_mum

Here is a template letter which you can send after you have told them to stop calling you and they don't.

Send this letter if a company/bank is calling you repeatedly - just replace the red bits with your information, or change to suit your needs.

Your Address
Town
City
Postcode


DATE

Company Name
Address
Town
City / County
Postcode

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I consider to be personally harassing.

Please note that I have asked on numerous occasions not to be contacted by phone. Your company and the agencies you have subsequently appointed to act in your regard have consistently ignored this request. If this is not adhered to, I will be forced to follow legal steps.

I now require all further correspondence from your company to be made in writing only.

I have stated that due to the inordinate number of phone calls that I was receiving daily (on occasion these have numbered more than xx calls per day) even though I instructed your office not to call me, you were in breach of Section 40 of the Administration of Justice Act 1970 and would be reported to the Office of Fair Trading for the same. As these phone calls have now started again, in addition to the breach above, I will also be filing criminal charges under Section 2 of The Protection from Harassment Act 1997, if you or your representatives call me ONE more time.

Yours faithfully,



Your Name

Mupeteer

*** Bump ***

bountiful

bump - did this get sorted?