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National Debtline

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National Debtline last won the day on April 21 2012

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  1. Hi Charlie You've said that these debts originate from before April 2007, but you don't say when you last used the cards or paid anything towards them. If you went a whole 6 years at any stage without payment or written acknowledgement, the debts may be unenforceable regardless of what paperwork they send you. Also, bear in mind that companies like this one often threaten court action as a scare tactic but they don't necessarily follow through on that threat as they know it may not be worth their time and money. Either way, we would be very happy to help you. Further to citizenB's suggestion that you get in touch, I just wanted to point out that we take a short Xmas break from 1pm on the 24th and reopen on Friday 2 January. So you are very welcome to get in touch before then. Regards Dennis @natdebtline
  2. Hi Longships Just trying to make sure I understand things correctly. I assume the business was wound up/dissolved after its failure so any outstanding debts now are ones you are personally liable for. What was the large "personal" debt you refer to in your post, and do you recall why you were told it would not be provable in a personal bankruptcy? Money owed to friends/family etc., unless secured, can normally be dealt with in bankruptcy just like bank debt, credit cards etc. Dennis @natdebtline
  3. Hi uub Happy to reiterate our stance on this. The default could have been recorded any length of time after the last payment was made, so is not the best indicator of when the six years are up. If you believe that over six years have lapsed since the debt became due without any subsequent payment or written acknowledgement, and you dispute/defend the debt on that basis, the onus is on the creditor to prove you wrong. Dennis @natdebtline
  4. An item on tonight's programme looks at what happened when bogus companies masqueraded as licensed loan broker websites. We (National Debtline) give our views on what happened and loan brokering more generally. http://www.bbc.co.uk/programmes/b04pj7xv
  5. ***Pedant alert*** Strictly speaking, the deadline is one calendar month. By all means, though, pay it off by the 28th day to be on the safe side Dennis @natdebtline
  6. Hi albertz Glad to hear you persevered and got the account you were after. The basic accounts aren't advertised and don't really generate any worthwhile income for banks, so I'm not surprised their agent was keen to "upsell" to you! I think you will find this new account makes a huge difference to the degree of control you have over things. Dennis @natdebtline
  7. Hi Laura New to this thread but wanted to wish you well in your efforts to resolve your daughter's problems. Sounds like a truly horrible situation. On a practical note, it is true that different organisations and creditors have varying approaches to DLA on budget forms. There is no single "correct" way for you to respond, but I would suggest that if you list the DLA income figure, but also list the equivalent figure as "disability-related costs" under Expenditure, it is very hard for anyone to argue that information has been withheld. Dennis @natdebtline
  8. Hi again Sipea Just following up on previous posts (though I am hoping lack of updates since Friday is a good sign???) If deadlock is persisting, I would just reiterate what I said earlier about paying the amount you have offered, regardless of their responses. As you've explained paying online is n/a, perhaps you can post through a cheque or postal order for the amount you are able to pay, whether that is £30 or £50? Being able to show that you have paid/attempted to pay will stand you in much better stead for any further negotiations. Dennis
  9. Hi Ian The reference to "CEO" stands for Chief Executive Officer, or however the top dog at your council is known. You are entitled to refuse him entry. However, as he appears to have carried out a levy on your goods last year, he will argue that he is entitled to force entry if necessary - this could only be for the purpose of removing the listed goods. In practice, I expect this to be very unlikely - you have made it quite clear that the items are of only very nominal value and I wouldn't expect him to be the slightest bit interested in lugging them away. What the agent will want is cash, and he will hope that out of panic you do whatever it takes to pay him the full amount. Enforcement agents nowadays are typically self-employed individuals rather than employees, and firms like Rossendales contract work out to them. Either way, if you don't wish to speak to the agent directly, you can write to/email Rossendales directly. If you are in a position to pay something/anything, you should be able to do so via the Rossendales website. Please be reassured that situations like this are very common; if you are unable to pay the amounts demanded, it is generally a case of "toughing it out" until the enforcement agent accepts or returns the account to the council. Dennis @natdebtline
  10. Hi Sipea71 I would second BA's advice that those clothing/telecoms costs appear perfectly reasonable in this context. Rossendales appear to be implying that you should budget for £0 across these two areas, which is nonsensical. I would advise you to make payment of the amount you deem affordable by the above deadline, whether Rossendales have formally accepted it or not by then. Paying by a more "impersonal" method, such as via their website, might be best as it avoids you getting sucked into further debates about what is or isn't acceptable expenditure. Dennis @natdebtline
  11. Hi irishboy Was the property (or your share of it) specifically excluded from the Trust Deed when it was initially set up? If not, this explains the obstacles to her transferring the mortgage into her sole name. Typically in a Trust Deed, control of your assets belongs to the trustee handling the arrangement. This would include your share of that property, meaning it cannot simply be transferred or handed over to a third party without the trustee's approval. Certainly if there is equity in that property, the trustee would want to get their hands on your share so that this money can then be paid into the Trust Deed. I think the very first thing you need to do is to refer back to the Trust Deed paperwork to establish how the property was to be dealt with. If it does not make sense, you should ask the trustee for a plain English explanation and take further advice from there. Dennis @natdebtline
  12. Hi all This is a little late as it's actually episode #6 of the second series tomorrow (I don't know how many episodes are scheduled overall). However the previous episodes are available on demand until 19 November. Dennis @natdebtline
  13. Hi garyr I don't know that this particular situation will have had any direct impact on your credit file. A DWP debt, disputed or otherwise, would not be reported to credit reference agencies, unless of course a County Court Judgment was obtained. Of course, none of this excuses any poor service you may have had from the debt management company. I too would advise you to make a formal complaint. More to the point, are you still using their services at present and paying them monthly fees? I would suggest considering the free alternative solutions available. Dennis @natdebtline
  14. Hello there, If Lowell have taken your 'prove it letter' to be a complaint you may wish to take your complaint to the Financial Ombudsman Service now that eight weeks have passed. You can read more on complaining here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm Best wishes, David @ National Debtline.
  15. The magic date is the 6th April 2007. As a creditor may be able to seek leave to enforce a debt after this date regardless of what the paperwork looks like - it may be more tricky to broker a good reduction on debts taken out after this date. That said, for the sake of a pound, a CCA request is a very cheap and often powerful tool to aid with negotiation. Best wishes, David.
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