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powelll last won the day on October 9 2007

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  1. There are options other than IVA / Bankruptcy ( which would both have implications for the property ). I would really recommend you speak to a professional debt adviser as they would be able to get more detail on the circumstances from you and go through all relevant options. If you are up to date with priority stuff like mortgage / council tax / utility bills / TV licence then the position isn't too bad. Unsecured creditors are in a weaker position.Call national Debtline on 0808 808 4000 for some detailed advice - they are happy to speak to 3rd parties if this is something you are helping your parents with.Best of luck
  2. You may also find it useful to speak to a professional debt adviser who can go into more detail about your circumstances and all of the options open to you ( including bankruptcy ).National Debtline offer free confidential impartial advice on freephone 0808 808 4000
  3. The OFT has published Debt Management Companies Guidance which is the code of practice which should be followed by companies offering DMPs ( strangely enoug! ). If they have not acted correctly you may be able to claim the fees back but you would initially need to put a complaint to your current provider in writing. Keep a copy 7 send recorde delivery and give them a reasonable time to respond; say 14 days. If you get no reponse or an unsatisfactory response you could approach your local trading standards office, or complain to the OFT. National Debtline has a factsheet about changing DMP provider which includes a sample letter of complaint requesting fees back and an outline of the OFT guidance. It's not available on their website but if you call on freephone 0808 808 4000 they can sent you a hard copy. The actual debt management guidance is linked below http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft366.pdf
  4. I would strongly recommend that you speak to a specialist adviser if you are considering going bankrupt as it's very difficult to advise when we don't know your circumstances. Also certain debts are not proved in bankruptcy ( ie they are not written off ) this includes student loans and CSA arrears as well as criminal fines. Speak to someone like National Debtline on 0808 808 4000 its free confidential impartial advice
  5. If you look at the letter below ( from the National Debtline factsheet ) it is mentioned SAMPLE LETTER H THIS LETTER IS DESIGNED TO HELP YOU DISPUTE LIABLITY FOR A DEBT WHERE A CREDITOR HAS NOT CONTACTED YOU FOR OVER SIX YEARS AND YOU HAVE NOT MADE A PAYMENT OR WRITTEN ACKNOWLEGING THAT YOU OWE THE DEBT DURING THIS PERIOD. Your Name: Your Address: Date To: WITHOUT PREJUDICE Dear Sir/Madam Account No: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I/we look forward to your reply. Yours faithfully (Your signature) I'm honestly not trying to confuse you and you would certainly have an argument that the default has been registered too late. I was just trying to clarify the Limitations Act for anyone else looking at the thread. I am definitely correct though; I advise on Limitations on a daily basis
  6. You can get the form to set aside the SD here: http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf Also your local trading stds may be interested in this case...
  7. Sorry to butt in on this thread as I have only just seen it! The 6 year 'clock' for the Statute of LImitations actually starts running from a date called the 'cause of action'. This is the day on which a creditor could take legal / court action against you for a debt. This will usually be the day after a default notice expires. You should usually be defaulted on a credit agreement in a 'timely' manner - it's generally accepted that this is when you have missed 2-3 payments. The default shoudl also be registered in good time - generally accepted to be within a month. The onus is on the creditor to prove the debt isn't statute barred but from the information on this thread this particular debt may not be ( yet ). Hope this hasn't caused too much confusion
  8. Hi Hayley, I think one of the mods may want to move this into the debt section but I can answer your query anyway: A loan in joint names means that both parties are ' joint and severally liable' for the loan. This means that the lender is legally entitled to chase EITHER party for the FULL amount. Your friend does have options however. 1) If she can afford it she could pay the full amount each month and then sue her ex via the county court for his share. 2) If she can't afford to pay she should do a budget sheet to see how much she can afford and offer a reduced payment and ask AA to freeze interest & charges She may want to speak to a freee debt advice charity such as National Debtline on 0808 808 4000. Depending on her exact circumstances and if she has other debts there may be other options open to her.
  9. Usually if you make any kind of reduced offer it will result in your credit ref. file being affected. Do you remember signing credit agreements for the catalogues? Also do you have any other debts? It's much easier to advise when we know all the circumstances. Basic debt advice is that catalogues are a 'non priority' debt which means that you should be offering to pay what you can afford once all of your essentials are covered. If any of the balance is made up of charges etc you may be able to challenge this. If you didn't sign a credit agreement you may also find the agreement is unenforceable anyway. I've linked to a useful budget sheet below as this is a good starting point for anyone struggling - In the outgoigns section don't list any non priority debts like the catalogues or any cards, loans etc. There's also a good factsheet specifially for catalogues National Debtline England & Wales | Personal Budget Sheet National Debtline England & Wales | Debt Advice | Factsheet 32 Catalogue Debts
  10. If you don't have any financial association ie any joint accounts / joint credit etc then you don't show on each others CRFs so won't be an issue. There isn't any such thing as a particular address being affected; it goes on the individual. I'll throw in a 3rd option for your CCJ: If you don't want to go the set aside route and can't pay in full under the terms of the CCJ you can apply free of charge within 14 days of the judgement for something called a redetermination. This is applied for to ask the court to look at your circumstances and eg allow you to pay in instalments. It's done on form N244 which is a general application form available online. You can alos do it via letter ( it's worth checking with the court which they prefer as some courts get confused if they get an N244 with no fee ). You can do a budget sheet to show what you can afford. The court will then 'redetermine' the original CCJ. May not be in your favour but it's a free application so worth a go.
  11. The lovely ' Credit Collections & Risk' magazine has had a couple of articles printed over the last few months blatantly saying that most consumer info sites are misleading at best and should be shut down. Clearly they are looking at sites on a regular basis. Equally clear;y they don't like what they see because it enpowers the consumer ( they also talk about people being encouraged to 'abuse loopholes' in the law. I wasn't aware that the CCA was a loophole ( nor the Limitations Act for that matter but there you go. It's quite interesting when you read these publications just how little regard they have for the consumer...
  12. I would write to them cancelling the appointment. Underr OFT debt collection guidance they are not allowed to ignore your legitimate wishes in terms of how & when to be contacted. Kepp a copy of the letter & send recorded delivery; I wouldn't even speak to these kind of companies on the phone to be fair. You are completely within your rights to do this. Any charges / interest etc added on by the DCA should be allowed for in the original agreement so it may be worth checking this ( if you aren't sure scan it on here with personal info removed or take to your local CAB or trading stds ). Alternatively speak to National Debtline on 0808 808 4000 for completely free confidential advice.
  13. I agree - you would benefit from speaking to one of the free advice agencies like National Debtline ( 0808 808 4000 ) who can go through alternatives to taking out more credit - depending on your exact circumstances there may be 3 or 4 options open to you. If you don't feel confident enough to speak to someone at this stage go to National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 Download the Dealing With Your Debts pack as this is a really good starting point and will help you to decide what route to look at. Best of luck
  14. This looks fine to me & covers everything. If you don't get any joy go the FOS route. On thecred ref side of things if this isn't sorted you can escalate to the Information Commissioner: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 01625 545745 Fax: 01625 524510 E-mail: [email protected] Website: www.informationcommissioner.gov.uk
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