Advice Please

123catj

Hi there,

I am in the process of paying my debtors back everything from a few years ago and doing this monthly through a company called byrom and keeley who are paying them off small amounts each month, every body bar one have accepted the payments.

I received a letter yesterday from Ruthbridge saying that they are advising their client (Cabot Financial) to start bankruptcy proceedings for £1600.

Im at a loss what to do. They asked me to call them to arrange payment which i did and was told that no one would speak to me and that I was being made bankrupt and then they hung up on me!!

What do I do now? Im a bit lost really.

Any help greatly appreciated.

terryw

123catj wrote: »

Hi there,

I am in the process of paying my debtors back everything from a few years ago and doing this monthly through a company called byrom and keeley who are paying them off small amounts each month, every body bar one have accepted the payments.

I received a letter yesterday from Ruthbridge saying that they are advising their client (Cabot Financial) to start bankruptcy proceedings for £1600.

Im at a loss what to do. They asked me to call them to arrange payment which i did and was told that no one would speak to me and that I was being made bankrupt and then they hung up on me!!

What do I do now? Im a bit lost really.

Any help greatly appreciated.

My gut feeling is that this is a try-on.....the costs of making you BR are out of proportion to the debt. Still let Byron and Co know about this and they might have another go at this company to try and arrange payments.

terryw

louise1111_2

Hello and welcome

they can not 'just bankrupt' you. do you have a CCJ against you? who is the original creditor? have you sent a cca request to check they can legally collect the debt?

a word of advice too - NEVER talk to them on the phone! keep everything in writing only. if they call, tell them 'in writing only'.

123catj

louise1111 wrote: »

Hello and welcome

they can not 'just bankrupt' you. do you have a CCJ against you? who is the original creditor? have you sent a cca request to check they can legally collect the debt?

a word of advice too - NEVER talk to them on the phone! keep everything in writing only. if they call, tell them 'in writing only'.

No, No CCJ against me as yet! The original creditor is Halifax for an Overdraft, I have not sent a CCA request - sorry what is this?

Thanks

Oh and they dont have my number - i actually refuse to give it to anyone

louise1111_2

a cca is a request for a true copy of the original credit agreement you signed. usually you can not do this for an overdraft but you could try. it may at least give you some breathing space! did you receive a deed of assignment from Halifax that yjey were passing debt on? sorry for questions, would just like a full picture!

do not sign the letter either!




Dear Sir or Madam

Ref – xxxxxxxxx

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.

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 me within the next 12 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.

Yours faithfully

GeorgeUK

When you say a few years back, just how many years old is the debt? Was there a period of 6 years where no payments were made? If so the debt could be statute barred.

Lots of info and templates explaining CCA and what the DCA is required by law to do.
http://forums.moneysavingexpert.com/showthread.html?t=578486

kel123_2

Hi Cat

Chances are that they are putting the frieghtners on you. If you have phoned them, then they have your number! Get on to byrom and keeley and ask them to sort it out because I assume your paying them? Luo is correct there is no customer credit agreement as such for an overdraft BUT! if you request your CCA then they should supply you a statement of accounts and letters that they have sent you advising that you OD limit has been changed (last 2 years only). Sections 77 & 78 refer to loans and credit cards so I would leave that section out of your letter and it is 12 working days (yes I know they phone us on Saturdays and Sundays but it's Monday to Friday only)

There are a number of threads on here that I suggest you read search CCA and have a happy 100 hrs of reading

Kel

123catj

GeorgeUK wrote: »

When you say a few years back, just how many years old is the debt? Was there a period of 6 years where no payments were made? If so the debt could be statute barred.

Lots of info and templates explaining CCA and what the DCA is required by law to do.
http://forums.moneysavingexpert.com/showthread.html?t=578486

Thanks so much for your help, im so pleased i joined this forum, it reminds me that im not the only one in this situation!

the last payment was around 2002 start of it. I'll need to do some investigating

marksandsparksgal

If so you might find that the debt is 'statute barred', i.e. if you've made no payments, then it can be 'written off' as such.

This is an option if no payments have been made towards a debt in 6yrs, and could be why they're putting the frighteners on you. Check your paperwork, and then post back with the details and some lovely kindly soul will cast an eye over it.

Also, have you tried ringing the CCCS? They're a free of charge debt advice service.

GeorgeUK

Just saw that - as this debt is for an overdraft, requesting the CCA would not work. The debt may still be statute barred, but most overdrafts do not have a credit agreement (although they are partially covered by the CCA97 Act). If you are having difficulty in finding when the last payment made towards this debt was (remember, it is statute barred if there is a period of 6 years, 5 in Scotland, from the date the last payment was made or written acknowledgement of the debt but if you have been paying during that period to a DCA, then it may not be statute barred), you could do a subject access request (SAR) which allows you to request all information held by a company on you for the past 6 years. This is what most people use when reclaiming bank charges as all transactions are listed for the past 6 years - if you asked the bank for copies of statements they'd charge you per sheet.

As M&Sgal says, there are a few free debt charities that do not charge a fee for setting up a DMP. Do you know how much of your money is actually going to your creditors and how much byrom and keeley are taking as their fee?

123catj

GeorgeUK wrote: »

Just saw that - as this debt is for an overdraft, requesting the CCA would not work. The debt may still be statute barred, but most overdrafts do not have a credit agreement (although they are partially covered by the CCA97 Act). If you are having difficulty in finding when the last payment made towards this debt was (remember, it is statute barred if there is a period of 6 years, 5 in Scotland, from the date the last payment was made or written acknowledgement of the debt but if you have been paying during that period to a DCA, then it may not be statute barred), you could do a subject access request (SAR) which allows you to request all information held by a company on you for the past 6 years. This is what most people use when reclaiming bank charges as all transactions are listed for the past 6 years - if you asked the bank for copies of statements they'd charge you per sheet.

As M&Sgal says, there are a few free debt charities that do not charge a fee for setting up a DMP. Do you know how much of your money is actually going to your creditors and how much byrom and keeley are taking as their fee?

Hi there, see all the debt was from when i was living in Scotland, I left there 6 years ago in august and now live in england I paid minimum payments up till 2002 and then stopped:eek: i know this is wrong but i just ignored and ignored them all cos i couldnt pay them. Stupid college days and thinking its all free money! Then they found out my new address just before xmas and all the letters started rolling in! as they do. I decided I could afford a lump sum each month and byrom an keeley were recommended to me by CAB. I pay them £166 per month and they pay out £140 of it to everyone.

I dont quite know whether i should be doing this or whether i should see if I can get confirmation of time barred ones? I know I have done wrong so i kind of feel that I should still pay them all off cos of the guilt.