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Struggling with debt? Ask a debt adviser a question

edited 24 July 2018 at 2:41PM in Debt-Free Wannabe
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  • Thanks very much Kirsty - my only worry is that if I query the statute barred status (or not) of the debt, will that prompt them to rush to initiate a CCJ, before it hits the 6 years? Do you think that's likely?

    Also, am I making things harder for myself somehow if I tell them I no longer live in the UK?

    Thanks again!
  • Hi, my partner has received a letter from drydens fairfax saying he has a ccj from 2017 which they are trying to collect on behalf of capquest. We weren't aware of the ccj but its not outside the realm of possibility that it's true as the company my partner worked for went under and we ended up really struggling to get by. The only information in the letter is a reference number and an amount £279. How do I found out if this is a legit debt that we owe?. Hope you can help. Thanks.
  • Hi not sure if this is the right forum it's just at my wits end . About 3 years ago I did an automatic current account switch from Barclays to Halifax and during the switch my mortgage dd was missed off the list not sure which bank is to blame and I didn't realise until 4 weeks later when I recieved a letter but because of this banking error my mortgage reserve bank account was frozen and my limit reduced by £4000 which immediately put me in dept as the interest payments for the reserve were taken of the reserve itself and because I owe 7000 in interest my lender Barclays have started sending me letters regards repossession I've taken it to the ombudsman and hes gone in favour of Barclays because they judged it on a missed mortgage payment instead of a banking error I'm completely dumbfounded how they can not see sense about this mistake
  • Hi Mike

    Thanks for getting back in touch.

    I understand your concerns, it’s important before you send the template to be certain the debt is statute barred.

    If you are unsure, don’t send anything to the creditor and try these steps to check whether or not it’s statute barred first:

    · Check old bank statements to find out when the last payments were made

    · Check with the three credit reference agencies, however not all debts will show on your credit file, so the full six-year payment history may not always appear. It may not be obvious if a payment has been made before this.

    · Think if the last payment might have coincided with an event that you can date. For example, did the last payment stop when you moved to a new house?

    Letting them know your updated contact details will help make sure you're up to date with any correspondence.

    I hope this helps.

    Patience

    Thanks very much Kirsty - my only worry is that if I query the statute barred status (or not) of the debt, will that prompt them to rush to initiate a CCJ, before it hits the 6 years? Do you think that's likely?

    Also, am I making things harder for myself somehow if I tell them I no longer live in the UK?

    Thanks again!
  • Hi there

    Thanks for posting.

    I’m sorry to hear about the difficulties you experienced in 2017 and can understand how much of a shock the county court judgement (CCJ) must have been.

    To check whether it’s a legitimate judgement there are a few things you could try:

    • Check with the three credit reference agencies, not all debts will show on here, but this would be a good place to start. There are free ways to check your credit file, you can find out further information here: https://www.moneysavingexpert.com/loans/check-free-credit-report/

    • You could always check here too: https://www.trustonline.org.uk/ but there is a cost of £6 to check the official register

    If your partner would like help in working out an affordable amount to this debt, they can start a budget with us either online or over the phone and see what options we can suggest. There's no obligation to go ahead with anything we recommend and details of how you can contact us can be found here: www.stepchange.org/Contactus

    I hope this helps.

    Patience

    Ickyvicky wrote: »
    Hi, my partner has received a letter from drydens fairfax saying he has a ccj from 2017 which they are trying to collect on behalf of capquest. We weren't aware of the ccj but its not outside the realm of possibility that it's true as the company my partner worked for went under and we ended up really struggling to get by. The only information in the letter is a reference number and an amount £279. How do I found out if this is a legit debt that we owe?. Hope you can help. Thanks.
  • Hi there

    Thanks for getting in touch.

    I’m sorry to hear what happened with the mortgage direct debit during the switch to the new bank account.

    I understand your frustration with the ombudsman decision, however once they have given a decision it would be final and whilst you wouldn’t be able to get another ombudsman to review the complaint, you would be free to go to court. You can find out further information here: https://www.financial-ombudsman.org.uk/faq/answers/complaints_a12.html

    If the complaint was just aimed at Barclays, it may be worthwhile considering a separate complaint to Halifax. When the switch is done, the new bank should set up any regular payments you’ve instructed them to from the old account.

    You can find out further information on their website: https://www.halifax.co.uk/bankaccounts/switch-to-halifax/#collapse5-1527885839118 there is the current account switch guarantee which may be worthwhile reading about in more detail.

    Given what is happening with the house and the risk of repossession, Shelter: https://england.shelter.org.uk/get_help/helpline may be a really good charity to try and contact about your housing situation.

    I hope this helps.

    Patience


    remps1968 wrote: »
    Hi not sure if this is the right forum it's just at my wits end . About 3 years ago I did an automatic current account switch from Barclays to Halifax and during the switch my mortgage dd was missed off the list not sure which bank is to blame and I didn't realise until 4 weeks later when I recieved a letter but because of this banking error my mortgage reserve bank account was frozen and my limit reduced by £4000 which immediately put me in dept as the interest payments for the reserve were taken of the reserve itself and because I owe 7000 in interest my lender Barclays have started sending me letters regards repossession I've taken it to the ombudsman and hes gone in favour of Barclays because they judged it on a missed mortgage payment instead of a banking error I'm completely dumbfounded how they can not see sense about this mistake
  • Hi Can anyone help please


    I applied for a dro waiting to hear back if its been accepted I was -£112 on my expenditure sheet have cut everything back to the minimum to get an even balance. Just noticed I will be getting more tax credits from next April because my wages have been cut. Will still have 2 months in my Dro. Can I put my expenditure back up to balance this out to stay under the £50 pounds limit?


    thanks for any advice
  • Thanks Patience - the last payment was at least 10 years ago, possibly 11 or 12, and I have no credit report from being abroad so long (I tried signing up for Noddle and they said they weren't able to find one for me). I signed on to the electoral register earlier this year when I thought I would live back in the UK - I think that's what put me back on their radar. I know that sometime between late 2012 and mid 2014 I was in contact with the debt collection agencies as I was trying to get my finances in order, but didn't arrange a payment (I tried to go down the bank charge reclaim route in order to use any refund to clear debt, unsuccessfully). I just can't remember if I wrote to them or only spoke to them on the phone. My worry is that I reset the clock then (I wasn't aware of the 6-year limit before).

    I'm wondering if I should make a DPA request to find out what information they have on me, as that would include any written correspondence I might have sent them? Is that as risky as directly asking if they can prove the debt they claim I owe is not statute barred?
  • StepChange_RachaelStepChange_Rachael Organisation Representatives - Private Messages may not be monitored
    375 posts
    Third Anniversary 100 Posts
    ✭✭
    Hi

    Thanks for posting.

    Changes in your income doesn’t automatically mean a DRO would be cancelled. Income and expenditure can fluctuate, and it’s expected that where you don’t have the income, you’d have to cut back in areas of expenditure that might make things more difficult for a time. I don’t think it would be unreasonable to think when more income is available, you’d need that income to help with household costs. However, if there are costs that are higher than would be expected for your household, they may not be allowable.

    I’d suggest speaking through the potential change with your DRO provider to get a better idea based on your budget and expected changes.

    Thanks
    Rachael


    Riley1967 wrote: »
    Hi Can anyone help please


    I applied for a dro waiting to hear back if its been accepted I was -£112 on my expenditure sheet have cut everything back to the minimum to get an even balance. Just noticed I will be getting more tax credits from next April because my wages have been cut. Will still have 2 months in my Dro. Can I put my expenditure back up to balance this out to stay under the £50 pounds limit?


    thanks for any advice
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_RachaelStepChange_Rachael Organisation Representatives - Private Messages may not be monitored
    375 posts
    Third Anniversary 100 Posts
    ✭✭
    Hi

    The creditor would need to be able to prove the debt isn’t statute barred to take court action against you. If you’re not sure then it is a bit of a risk in case they decide to go down that route, however, asking for details of what information the creditor holds for you shouldn’t be seen as acknowledging the debt. You could perhaps add a line in the letter to state you’re not acknowledging the debt when you request the account details held on you.

    Sorry I can’t be more precise.

    Thanks
    Rachael


    Thanks Patience - the last payment was at least 10 years ago, possibly 11 or 12, and I have no credit report from being abroad so long (I tried signing up for Noddle and they said they weren't able to find one for me). I signed on to the electoral register earlier this year when I thought I would live back in the UK - I think that's what put me back on their radar. I know that sometime between late 2012 and mid 2014 I was in contact with the debt collection agencies as I was trying to get my finances in order, but didn't arrange a payment (I tried to go down the bank charge reclaim route in order to use any refund to clear debt, unsuccessfully). I just can't remember if I wrote to them or only spoke to them on the phone. My worry is that I reset the clock then (I wasn't aware of the 6-year limit before).

    I'm wondering if I should make a DPA request to find out what information they have on me, as that would include any written correspondence I might have sent them? Is that as risky as directly asking if they can prove the debt they claim I owe is not statute barred?
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
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