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Help re repayment arrangement?

I am a newbie & am unsure where to post my question but here goes. After a accident 4 yrs ago I am now disabled & hubby is my carer so both now unable to work. Thrown into chaos an unable to honour existng debts CAB helped us claim all benefit entitlements etc & to established agreed minimum repayments & freeze interest to everyone we owed monies to from the onset. Recently we have been getting relentless calls from a debt collector & now another one has taken over regarding an outstading £4,000 bank overdraft for which we have been paying off the agreed amount every month. They say we have defaulted & have made no payments whatsoever for four years!! I have explained that I pay the agreed amount & I have written to the bank involved to confirm wether they have received my regular payments & to establish what is still outstanding etc but they do not respond. Where do I stand with this? We only have benefits to live on & cannot increase the amount agreed but the debt people keep saying I must pay in full because they say I havent been paying. I make the payments regularly on line through my current bank but I have no statements & it will cost to get them to send me copies. I dont understand why the bank I owe to wont respond to my letters?

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    Hi

    Have you been informed this / these debts have been sold on?

    If not, write to the company you were paying, registering a FORMAL COMPLAINT.

    Your complaint is based of them being in breach of OFT guidelines which clearly state:

    2.6

    e) Not informing the debtor when their case has been passed onto a different debt collector.

    State in your letter, they have 14 days for a satisfactory response, or you will register a complaint with the regulate authorities for ajudication.

    Send a copy to all the companies that are involved, and send by recorded delivery.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    Have you called CAB to let them know too? :) Definitely worth doing :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Poppycat
    Poppycat Posts: 19,899 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Its just a thought, but I wonder of the bank has got payments you made, sometimes mistakes happen with sort codes etc
  • We were never notified by Lloyds TSB that there was any problem with our repayments & we were never informed the debt was being passed on to anyone. This latest debt collection company has just started phoning & I thought it was the first one again but when I said I had already explained our circumstances the girl said she was from a different company & its now been passed onto them! Its making my husband & I feel ill, they will not listen to our explanations & speak to us as though we are lowlifes. If my accident hadnt happened we would have earned the money to pay off Lloyds what we owe - we just do not have any spare money to budget with. What should I do when they keep phoning?
  • 10past6
    10past6 Posts: 4,962 Forumite
    We were never notified by Lloyds TSB the debt was being passed on to anyone.
    Send the letter I quoted in my post above.
    What should I do when they keep phoning?
    Hang up immediatley, no messing around confirming names / address etc, etc, just hang up, the problem is not your's, it's Lloyds, let them sort it.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Poppycat
    Poppycat Posts: 19,899 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I know its easy to say don't worry but try and not let it make you ill, keep busy if you can.

    Try and get some expert advice. Its all very well you owe money (most of us do at some point excluding mortgage) you seem to be doing all you can and doing the right thing it makes you wonder if these parasite debt collecting companies are after the shirt from your back so to speak.

    Try and get some sleep and get help tomorrow from CAB or from one of those free advice services that are available name escapes me for now, not those consolidated crap trap parasite firms

    Edit MrsTine has the links above
  • Poppycat wrote: »
    Its just a thought, but I wonder of the bank has got payments you made, sometimes mistakes happen with sort codes etc

    I have tried to discover if that is happening but Lloyds will not respond to my correspondence to confirm where my payments are going & to ensure they are going into he right account. In the meantime I carry on making the payents because if I dont I'm afraid they will say I have defaulted. It is difficult for us to get out of our home, my husband is now deaf & has difficulty communicating, I find it increasingly difficult to keep waiting to reach the right people on the phone & writing letters is getting us nowhere.
  • I am going to take advice on here & not entertain the calls anymore. I will make a appointment with the lady at the CAB to see if she can help me contact Lloyds & resolve it all. Sometimes takes a while to get appointment so in the meantime I will try sending Lloyds a FORMAL COMPLAINT letter. Thanks everyone.
  • 10past6
    10past6 Posts: 4,962 Forumite
    I am going to take advice on here & not entertain the calls anymore. I will make a appointment with the lady at the CAB to see if she can help me contact Lloyds & resolve it all. Sometimes takes a while to get appointment so in the meantime I will try sending Lloyds a FORMAL COMPLAINT letter. Thanks everyone.
    Today (Thursday) call the National Debt Line on 0808 808 4000, I believe the call is free.

    They will help you much more quickly than waiting for an appointment with the CAB.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    Ultimately they cannot have what you have not got :) If they try to tell you to take out a new loan or credit card to pay it then they are breaking the law and you need to report them. Make sure you tell them you will only communicate in writing - do that by letter and send recorded and keep a copy.
    Phone your CAB advisor today and make sure they know about the current state of affairs - try not to worry - they honestly can't have what you haven't got. They can't have your last penny becuse you have to live and have food and a roof over your heads. Stay strong and don't worry!
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
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