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im in £35'000 debt can the collectors take my removals van

Hi folks ,,my name is john im a single dad going for custody of my son! he lives with me and im hoping to set up my own business to allow me to spend more time with him school trips play days etc.. im in £35'000 debt and have been avoiding the debt collectors for 3 years untill now!! i have just recieved £4,000 copensation for being stabbed and i intend to by a removals van and go self employed as a man with a van!
im worried about debt collectors finding me and taking all i have once i go lagitimate. i will be very interested in reading your stories and finding a way out of my predicament and also interested in cheap ways of advertisement/ and liability insurance for my business infact any info i have not stated is most welcome thanks j

Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Hi John - welcome to the board.

    First of all, do you know how much you actually owe and who to? From your post i'm not too sure if you've just not responded to communication from the debt collection agencies (DCA) or of they have been unable to find you. Is there any way from your statements to find out how much you owe and what for? (loans, CC, o/d etc).

    If there are any debts that you have not paid towards and have not acknowledged in writing for 6 years (5 in Scotland) - then that debt would be statute barred and unenforcable. Debts on properties such as mortgages and owed to the Crown like tax are different though.

    If a DCA does get in touch with you then you may be able to request a copy of the Consumer Credit Agreement (CCA). This is the agreement you would have signed to get the credit. If they are unable to produce this, then the debt is unenforcable without a court order. They need to prove you owe the debt before they can collect it. That's why it's advised that you do not deal with them by phone, only by letter - and NEVER send anything with your signature on it.

    Not sure any of this really applies to your situation yet, but just to let you know you have options should any of them get in touch.

    I would not at this stage suggest getting a copy of your credit report. You need to notify them of your current address to get it and the DCA's would probably pick up on this. So may not be in your best interests.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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