What to do next for the best??

jessy1

In short I and my other half have various credit card debts totalling £10,000 dating from five years ago. After getting interest/ penalties frozen I made minimal repayments for the four years then a year ago made full and final settlement offers to all via third party. They are all dca but all refused and wanted much more money and in stupid time frames dated same day letter dated! Through poverty and total despair during the past year I just stopped paying even the minimal repayments. The usual threatening letters have arrived but surprisingly not in huge numbers? Now I do want to sort things and these debts out and I still have a relative who is willing to pay full and final settlement money toward these debts. Now though I'm not sure what my next step should be as I haven't written or made any payments in over 6 months. In law am I still liable for these old debts/ have I repaid enough money in four years to cover them as far as a dca is concerned/ can I ignore them. Why haven't they dragged me to court as they keep threatening. Any advice would be greatly appreciated.

DEBT_23

im in similar positon my debt is around 18k i havnt paid owt in nearly 4 years and today i have found out the defaults are no longer on my credit file.. why? im not sure i know they aint gone away as i still get letters... tho you have been paying i persume they will jst continue to send letters as you have made a few years payments. i havnt ackowledged any letters nor paid since DCA took over in 2003. 5 years later and the defaults are there im sure but i aint been took to court yet. one more year and it will statue barred i think ..!

Tigert

Have you tried calling either Payplan or CCCS or the CAB? Payplan and CCCS are companies that can give you advice on your situation and help you arrange to pay what you can afford. Neither charges any fees.

I'm with Payplan who you need to call, but apparently CCCS have a website that you can fill in your details on if you don't feel up to speaking to someone.

10past6

jessy1 wrote: »

Any advice would be greatly appreciated.

In short, the debts may well have been sold on, it may be easier to obtain your credit report, then take it from there, depending what's showing.

Have you moved anytime within the last 4 years?

jessy1

Thank you for all replies. In reply to moving question, I haven't moved any time in past four years but I want to move home in the next year and I know I'll have to inform the dca's. Trouble is they may try to pursue me for alot more money (as I'll have small capital from house sale)than if I sort it now? I only want to pay what I owe not what they slapped on in charges/ interest and penalties when I first told them I was having problems with repayments! One of them took my credit card debt from £3,000 to £8,000 with charges in a year!

GeorgeUK

There are a few things you can do and to also get the debt collectors to contact you.

I would first advise getting a copy of your credit report sent to you from all 3 credit reporting agencies (£2 each)
http://www.moneysavingexpert.com/banking/credit-rating-credit-score#check
This should give you a list of all the credit you have going back 6 years.

When a DCA gets in touch with you, do not contact them by phone. All communication should be done in writing and NEVER send anything with your signature to them. Print your name or initial letters - never sign.

For debts that required a credit agreement (such as loan/creditcard), you should write requesting a copy of your CCA (customer credit agreement), notice of assignment and statement of accounts. (Template here)
For those that don't have a credit agreement (such as overdrafts), you should write requesting details of the debt if they are not supplied. They need to prove the debt is yours before you pay it so ask for a statement of account and as evidence. (Template here)

After you get all the information back, you can then start claiming back bank charges (on hold due to test case) and creditcard charges (not part of the test case)

If you have made no payments towards a debt for 6 years and not acknowledgd the debt in writing, then it may be statute barred. From what you have said it doesn't sound like this applies to you, but thought i'd make you aware of it.