Dealing with debts and debt disputes

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Comments

  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi

    If you don’t yet have a firm agreement with the trader, you can change your mind without having to pay anything. You should contact the trader at once to say you don’t want to go ahead with the service and then confirm this in writing.

    You may not be sure whether you’ve made a firm agreement with the trader. If you’ve signed an agreement or definitely told the trader in some other way that they can do the work, it’s likely you’ve made a firm agreement. For example, if you’ve fixed a starting date or paid a deposit, this is likely to be a firm agreement.

    If you have made a firm agreement

    Once you’ve made a firm agreement with a trader, you have a legal contract with them, even if there is nothing in writing. If you cancel a service under these circumstances and there’s nothing in your contract to say you can cancel, you’ll have broken your contract with the trader. You will probably lose any deposit you have paid and the trader may even take you to court to claim back the loss of the profit they would have made on the job.

    Your agreement with the trader may contain specific terms about cancellation which may include a fixed cancellation charge. If you feel the cancellation charge is so high that it’s unfair, you could challenge it. This is particularly advisable if it’s a standard term in the trader’s contact and not one you were able to negotiate with the trader yourself. You should see whether it’s possible to negotiate a lower charge with the trader.

    You could also contact Citizens Advice Consumer on 08454 04 05 06 for free confidential advice. You could also visit www adviceguide.org.uk/wales for further advice on consumer issues

    :)
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi

    You could start by applying for your credit report from Experian, Callcredit or Equifax this will tell you if a CCJ is registered against you and which court made the order.

    Once you have done this you can contact the relevant court requesting details of the order ie creditor details. You can then contact the creditor direct and ask them for information regarding the debt you are suppose to owe.

    If you still disagree that you owe the money you may apply to the court for a hearing to have the judgement set aside. I would suggest that you visit your local bureau for specialist advice on this.

    You didn't actually say if the deductions are being made from your wages.

    I suggest you take a look at https://www.adviceguide.org.uk/wales/employment or https://www.acas.org.uk for further advice regarding your employers rights & responsibilities.

    Hope this helps

    :)
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Long story. In 2009 I bought a Laptop on one of the mobile broadband deals with T Mobile. At the time I had set up the monthly direct debit to come out on the first of the month. I then had to go to America for a few months on a military exercise. While I was in America I was not aware that my direct debit had not been set up as I believed and they tried to take the payment Later in the month. As I was away this quickly snowballed. By the time I got home T Mobile had already handed my debt over to a Debt Recovery Agency. This is where it gets really interesting. I did not receive any correspondence from the debt recovery and so I contacted T Mobile. They again informed me that the debt had been passed to the recovery agency and that they couldn't do any more for me. I contacted the debt recovery and was told that they had no record of me. I then proceeded to speak to T Mobile and the debt recovery several times but always getting the same response. I got so frustrated that I decided to give up trying and did not make any further calls. I never received any letters during or since. 2 years later I found that I couldn't get credit and on checking my credit file found this default on it. I wrote to T Mobile and finally received a letter from the debt recovery and finally was able to start making payments. I tried explaining what had happened to me at the start but they didn't really care. I have now paid off the debt in full and was wondering if I can get the default removed from my credit file, especially with the circumstances I encountered? My main concern is that I am looking to get a mortgage in the near future.
  • Hi folks

    Can I make a request that this thread is only used for people to ask a question and for the official CAB representative to reply.

    It's great that so many want to try and help answer questions but we would like to keep the sticky threads as official as possible.

    This doesn't apply to non sticky threads in the CAB board where any replies you are able to give are appreciated.

    Thanks all
    *** Get the Martin's Money Tips Free E-mail at www.moneysavingexpert.com/tips ***
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi Andrew268, thank you for your query regarding default satisfied.
    Whether you can dispute the default and ask the company to erase it from your credit file will depend on when the default was registered and whether there was a debt outstanding on that date. If you had paid the debt in full before the default was registered then I would suggest you write to the company and request they remove the default. If you had an outstanding debt which you do not dispute owing then there is very little you can do except add a notice of correction explaining the reason for the default and that you attempted to make payments. You can find more information about putting a notice of correction on your credit file at https://www.adviceguide.org.uk.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Hello,
    I am currently unemployed and I have been sent a County Court Claim for an outstanding payment. The form sent to me outlines four possible responses which include :
    "1. Admit the claim or amount claimed and/or you need time to pay
    2. Admit part of the claim
    3. Dispute the whole claim or with to make a counterclaim against claimant
    4. You need 28 days from the date of service to prepare your defence, or wish to contest the court's jurisdiction
    5. You do nothing, judgement will be entered against you"

    If I choose the first option, and admit the claim, but request that I be given more time to pay this amount, would the court still pass a judgement on me? Would I still end up with a county court judgement in my name?

    I am unable to pay the amount (approx £1800) immediately, but I would like to choose the option that would avoid a county court judgement, if that is possible.

    I am actively seeking employment, and I fear (I may be wrong!) that a county court judgement may hamper my chances of finding employment.

    Any advice on this matter would be much appreciated as it is proving to be impossible to contact any advisers on the phone at my local CAB. I have until the 23rd of August to respond.

    Thank you!
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi Charitycase, thank you for your query regarding county court claim.
    Unless there is a reason why you dispute the amount you owe, such as you have paid the debt previously or never owed the debt in the first place, or want to counter claim as you think the claimant owes you the only option you have is to complete the admission. If you do nothing you will have a default judgement entered against you are will be at risk of enforcement such as a bailiff warrant or a charging order if you own your home. The admission gives you an opportunity to state a date by which you can make payment in full or to make an offer for an instalment order which will require you to complete an income and expenditure form. If you do not pay the debt in full within 30 days of the judgement date then it will be recorded on the register of judgements and be registered on your credit reference. I would suggest you complete an income and expenditure and make an offer of repayment which if accepted by the court will avoid further enforcement action.

    Regarding your query about a county court judgement effecting your chances of finding work. A county court judgement is different from a criminal record and will not show up on a CRB check but an unsatisfied judgement can effect certain jobs, especially those in the legal or accountancy profession so it will depend on the type of work you are looking for.

    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi SaveAholic, thank you for your query regarding refund from travel agent

    At the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. Others may come along to help with your question but you may also prefer to post it again on another board (see the MSE forum index) - and especially the Consumer Rights one for help on this.

    Alternatively you may find an answer on the Citizens Advice self-help website Adviceguide - which has information on services and contracts for them. And if you need further help, you could try contacting our Consumer Helpline (details also on the website) or your local bureau.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Pippin12
    Pippin12 Posts: 525 Forumite
    First Anniversary Combo Breaker
    Hi, I hope you can help me.

    I have one debt of £5000 to a credit card company. I am severely disabled and receive DLA high rate care and low rate mobility and income support with a severe disability premium as well as housing benefit for my rented council flat.

    What I would like to know is whether I would qualify for a DRO. In particular:

    1. If I don't include my DLA and severe disability premium into my income I have £30 a month surplus after everyday household bills. However if I include my DLA and severe disability premium I have over £50. Is DLA and the severe disability premium included in calculating income?

    2. What things are counted as assets? I don't own a car, don't have savings or other assets. What l I have is a cooker, fridge, microwave, TV and laptop.

    I would be so so grateful if you would get back to me.
  • Hello I wonder if you can help.

    I had several court fines for non payments of fines and council tax. however could not afford to pay them, and i do mean could not, i earn minimum wage and live alone. they would not accept a small reasonable payment.

    i spend ages arguing with them, gave them an itemised list of my in comings and out goings, but they still would not budge, i the end i had no other option but to ignore it, i couldn't pay, they weren't going to negotiate.

    today i received a calling card from a magistrates court warrant officer stating that there is an warrant for my arrest as i did not pay, they are again asking for full payment of 790.

    they said they are open from 8-4 i rang from 3 30 onwards but no answer, i work the same hours so am unlikely to be able to contact them tomorrow.

    what does this mean, and how can i get them to accept a reasonable payment plan?

    i have no issue paying them, but it needs to be reasonable.

    i have applied for help with c.tax and rent but as i work 40 hours they simply wont help me.

    If someone could help itd be great, I'm stressing out.
    thank you
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