Help scared of 1st credits demands

GeorgeUK

They can demand anything they want - you are not legally obliged to provide it.

Looks like you may have just been caught on the statute barred debt. If you have made no payments to a debt for 6 years (5 in Scotland) and not acknowledged the debt in writing, it is statute barred and unenforcable - even through the courts (unless you don't notify the court that it is statute barred). If you have made no payments for 6 years then start making payments, the debt is still statute barred. If possible, make sure the dates tally up.

This post has more detail about asking to see the CCA. You cannot request a CCA for an overdraft as there probably wasn't a credit agreement. You can for a loan though. Have a read of the thread and see what you think. Another user "stapeley" has quite a large thread on CCA's and those who have requested them. Have a look at that too. It's not a dilver bullet for the debt to go away, but if it is unenforcable and remains so for 6 years, then it will become statute barred.
http://forums.moneysavingexpert.com/showthread.html?t=578486

If you post up a statement of affairs, we may be able to see some other areas to make savings.
http://www.makesenseofcards.com/soacalc.html

GeorgeUK

If you do decide to make a settlement, make sure you receive a letter before sending off any payment and make sure it is for "full and final" settlement. If it is partial, then the debt is still active and they will come back to chase you for the rest.

scooterwife

can't find 'harassment' letter although I think Rayday2 is the person to ask. will pop back if I find anything

izzywizzy23

Brilliant thank you George. We did check at the time about the dates on the loan so know it was 5 and half years, and they provided proof so we felt we had no choice but to agree to pay and have being doing since.

I have been through our statements to see where else we can cut back, and cancelled things like sky tv, changed energy supplliers, cut food shopping bill, got the best deal on the car insurance etc, everything else sadly are things we can not change, ie the water bill (we are on a meter) council tax, childcare costs, We are ok and can afford to live in theory on the money we have we just have to manage it better once the overdrafts are cleared, and even try and save a little each month for emergencies so no credit cards or overdrafts are needed again.

GeorgeUK

If your credit limit is ok, you could try to get a 0% super balance transfer card. (SBT - allows you to transfer to both CC and current account) This may allow you to clear one of the overdrafts and not incurr any interest on it. Virgin money currently have a promotional off with a SBT. 2.98% transfer fee, 3% min payment in the first month, 2nd-15th months are £25 min payment.

Also for your council tax, can you ask to pay it over 12 months if you are currently paying over 10.
Do you have a water hippo or similar in your cisterns to use less water?

Edit: letter for harrassment:-
Letter in post 2 - extra detail to add in post 8
http://forums.moneysavingexpert.com/showthread.html?t=730609