home
in

Debt Problems

Last post Sun, Feb 12 2012, 11:31 PM by huckster. 3 replies.
Sort Posts: Previous Next
  •  Sun, Feb 12 2012, 11:31 PM

    Re: Debt Problems

    My experience with a relatives debts and from what I have read, is that a lot of dubious interest and changes get added to debt amounts. So probably with the help of Citizens Advice, CCCS or Payplan, they will probably suggest making a request for a copy of the Consumer Credit Agreements (CCA) and copies of statements from original creditors showing the actual amount of debts.

    When you make requests for the CCA's + statements from the relevant company chasing for the debts, they are supposed to put collection activity on hold, until they have supplied the information. This is a CCA request letter from which you will note that it costs you a £1 postal order to make the request. You would send the letter to whoever is chasing for the debt or if they are not chasing but shown on your credit record, to the registered address of the company concerned.

    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

    I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

    (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)
    If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

    I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

    I look forward to hearing from you.

    ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    In regard to the debt collection process, most of the threats about them visiting your home to discuss the matter, should not concern you. You can advise them that you do not wish for them to visit you and insist on everything to be kept in writing. It is only if a court order is obtained following non payment of a CCJ, that bailiffs would be employed to actually visit to legally collect a debt. Even then they have no right to enter using force.

    In regard to CCCS they are a registered debt charity and Payplan have been used by Citizens Advice, when they have been unable to deal with the volume of debt enquiries. They are not to be confused with some companies that you see advertising offering to manage your debts.

    • Post Points: 5
  •  Sun, Feb 12 2012, 9:20 PM

    Re: Debt Problems

    Thanks a lot for your help, it's hard to know who to go too, especially with the dodgy debt management company I had experience with. I'll talk to Citizen's Advice asap. I don't have any letter detailing my outstanding balance with the actual companies, only the ones from a load of shady debt collection agencies who I assume have been sold the debt, i.e Moorcroft and the like, so is that a problem? My main priority is to get it payed back but obviously I don't have a lot of spare money and my main concern is people turning up at my parents house as it isn't their fault and shouldn't be their problem, and of course that's my fault, but I still don't want it to happen.

    Thanks again, I really appreciate it.

    • Post Points: 20
  •  Sun, Feb 12 2012, 7:03 PM

    Re: Debt Problems

    I would suggest getting in touch with your nearest Citizens Advice or working with CCCS or Payplan.

    A debt relief option such as a DRO may be open to you depending on your current situation. CCCS have a debt remedy page which you may wish to look at. ( link here )

    If you don't qualify for a DRO or other debt relief option, you might then have to look at affordable payment plans. This is where CAB, CCCS or payplan can help you negotiate a repayment plan. If you could only afford to pay £1 per month towards each debt, then the companies you owe money to, may have to accept.

    Remember that thousands of other people are in exactly the same situation as you. Not all these will be people who have been reckless with credit. Some may be people who have had a business failure or had health problems, causing their finances to fall off a cliff. Civil debts are not a crime and in most cases the courts will help the debtor come to an arrangement to repay the debt on an affordable basis. It is therefore essential that if any of the companies you owe money to takes any court action, that you deal with it. If you fail to deal with any court action, this could make matters worse. If there are any CCJ's on your credit record, these are a priority to deal with.

    • Post Points: 20
  •  Sun, Feb 12 2012, 5:28 PM

    Debt Problems

    I have read through a lot of topics on here, but as everyone is different and every situation is different I though I would post this up anyway, but I apologise if it is irritating for anyone to see the same thing over and over again.

    The last 4 years of my life have been a complete and total shambles including illness, unemployment, genuine suicide attempts ending in hospital, and general drama from bad luck and also large amounts of stupidity on my part.

    From those 4 years ago I have not made any payments on, or acknowledgement of, my debts. I know how stupid this is, it's only in the last few months I've woken up to the reality of it, and I can honestly say I feel terrible about it, as I've contributed to the downfall of the country's economy and people like me are largely responsible for the problems. But then, when people are handing out credit left, right and centre to under 21 year olds and the companies themselves and the general social side of things makes living beyond your means seem attractive and completely normal and so so easy surely it was always going to end in tears for thousands of people?

    I have a small loan which was half payed off with Lloyds TSB, I have a store card and credit card that are unpayed with Barclays, and I have a bigger loan with Egg which is around 5 years however I think only a year is payed.

    I also have a couple of small niggling debts from a phone contract which a provider said they would buy-out and cancel my then-current contract to sign me up with them, and another from an insurance company not cancelling my policy as requested and not making any notes on their system as I requested so of course I refused to pay for their mistake.

    For all of these I am receiving numerous letters from numerous debt collectors all chasing the same debts as each other and threatening to turn up at my residence or my parents house.

    Aside from getting a credit report initially, what steps would people suggest for someone trying to turn their life around and get themselves in the clear and plan for the future? Baring in mind I have no savings (obviously) and a low payed job and no real disposable income... I do not drink or smoke either, so when I say no disposable income I mean it.

    • Post Points: 20