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  1. Hi, I have recently moved and have a dilemma how to advise some old credit card debt creditors that I have moved as do not wish to have them contacting a rented property that I no longer live at. Most of the debts are with DCA's as have been sold by the original card issuers. There are no CCA's available for the alleged debt but they are not Statute Barred yet. A couple of cards I have not heard from the original issuer for some time and don't know if they have been sold. What is the best way to phrase an advice of new address without accepting liability for the alleged debts? Something along the lines of: - "I am in receipt of your recent letter requesting payment of the above alleged debt. However, as you have failed to provide a valid original CCA I do not acknowledge any debt to your company but advise that any future correspondence in relation to the monies related to the original CCA should now be sent to me at "New Address" in writing. Yours etc..." Any help or suggestions please? Murphy
  2. I have some unpaid debts in the UK but currently live abroad. I have a SIPP pension with a UK provider. Can my creditors seize this pension? Can they seize any money I draw from the pension when I reach the retirement age? Do they have to make me bankrupt to take money from my SIPP?
  3. Hi, I am negotiating with creditors with regards to CC debt. I offered them a Full n Final, and they said they would only accept if they could see 6 months bank statements and credit card statements of other debts. How should I respond to this? BR
  4. Im in England now but all this debt was created in Scotland, 7 defaults are from 2010/2011, originally the debt was £20k. I have been on 2 payment plans a DPP and a token payment plan through Step Change. After a long period of unemployment i had to sell my house to relocate for work. Im now in a position to clear my debt. I owe 7 different amounts which add up to £15,600. I want to know if its possible to negotiate a reduced settlement figure for each debt. I wanted to do this myself as Step Change seem to have wrong info regarding the amounts i owe, also one guy suggests they might be able to negotiate a reduced amount, another tells me its very unlikely. So i thought i would maybe handle this bit myself. Any tips on how to deal with this ? Has anyone else been successful in negotiating?
  5. The following statement was released a few days ago by the Government. This is in response to a Daily Mail campaign earlier this year regarding individuals who have found themselves unable to get a mortgage or credit because of the existence of a judgment against them that they were unaware of (usually because all correspondence had been sent to a previous address). Depending on the outcome, this consultation could have far reaching consequences for bailiff enforcement. Currently, in relation to council tax arrears, a local authority are permitted to issue a summons to the 'last known' address. In relation to an unpaid penalty charge notice, correspondence must be addressed to the address held by DVLA at the time of the contravention.
  6. hi all Thanks to the great advice ive received on here, ive done some CCA requests and it seems out of my £21k debts around half cant take me to court as they dont have an original copy of my agreement. My debts were managed by payplan (they have been a complete disaster btw) but now i am writing to my creditors to ask them if i can pay the money directly to them instead of via payplan. As far as i know, payplan will only pay ALL my creditors, they wont just pay the ones with a CCA agreement for example. So taty means they are no use to me anymore and i should just offer my other creditors the same amounts. So my question is, does anyone have any advice doing this, is there anything to watch out for? or should i just be fine as long as i pay those i need to? thanks
  7. If you are one of the many people who have had their phone stolen by this crowd then you are a creditor of the company. If you have a judgment against them then you are a preferred creditor. Please spread the word on this meeting to Facebook, Twitter - and of course - other victims. The short url for this thread is - cag.tw/tf7 http://www.london-gazette.co.uk/issues/60744/notices/1969420/recent=10;category=corp-insolvency-winding-up-creditors;subcategory=meetings-creditors
  8. Hi I was wondering if anyone could advise me. Back in 2010 I had around £32k of debt (mostly credit cards and and a loan/overdraft). I lost my job so I stopped paying my debts, as I was no longer in a position to pay them. Over time I got back into work, however I was now being offered partial settlements on some of my debts and because of the massive hole I was in at the time I decieded the best way to clear the debts would be to take up this option and pay a reduced rate. I typically paid around 33 per cent. Using this method I cleared all but 1 of my debts by January 2015. Since the start of the year things have been going well for me in work and I along with my wife have been able to save a deposit for a mortgage. I then recieved a letter from the last remaing credit card offering a partial settlement on the account of 33 percent. I decided to take it as I believed it would help me get a mortgage as my credit file would show 0 debt. However I was aware that the likelyhood was the default and debt would be written off regardless in the next year. I have now found the company I am applying for the mortgage with belongs to the same organisation I have recently partially settled an account with. Can anybody advise if I am likely to get a mortgage because of this or should I try an alternative mortgage provider? Thank you in advance for any advice. elvis77
  9. Had a good job, career, home, money, etc. Then had a prolonged period of inactivity, debts piled up, not opening letters, spiral of anxiety and stress. blah, blah. Now, for past year or so, been earning, and getting back on feet. Looking to start paying back, and deal with all my debts. Have done as much due diligence as I can, and need some pointers. I have a number of creditors, with debts totalling around 45K. Have been paying token payments of £1 to most, some more. Looking to get StepChange advice and help. But also need some idea of full and final offers to really motor down the debts. So, as a starter, here are some of my most pressing questions: 1: I am having difficulty filling in my Income and Expenditure, as my income fluctuates. (I am working freelance, as am probably too old to be employed by a company.) I am wary of entering payment schedule and failing. Prefer to keep paying token amounts, then offer surplus every 6 months or so. Would creditors go for this? 2: I understand the first step may be to get CCAs from my creditors. Are there any downsides to asking for CCAs? Would creditors sense that I am trying to wriggle out, and go for asking for more, or get heavy-handed? 3: Are CCAs only for debt companies, or even the Originating creditor? (some of my debts have been off-loaded to debt-companies.) 4: What is the purpose of SARs? How does that help me? I understand they might be for finding penalty fees, etc? I know I accrued a lot when I couldn't pay any amounts when I started my downhill slide. 5: When offering Full and Finals, do I go for the biggest first? 6: I have been sold from one debt-company to another on some debts, I dont know what I am paying for on some of the payments!! Can I just phone them up and ask where the original debt comes from? (I have signed up with noddle, and got my list of creditors and credit file, so I have a starting point. I have been reading this forum for a few days, and have built up some knowledge, and seen how helpful this site can be. I would like to ask for some help in taking the first steps for an eventual bright future. PS: would it be ok to list my debts (with some fudging to protect myself) as a starting point?
  10. Hello, I'm looking for debt advice (a payment break or the possibility of bankruptcy). I'm currently self employed and have been since 2006, business was good at one time but over the last 3 year my income has slowly decreased to the point where I'm working 12 to 14 hours a day, 7 days a week for very little money. I have tried to find full time work but had had no offers of employment locally in the last 3 years although I have had offers of work 200 miles away with a company I've worked for in the past, the offer of work with is still there. Unfortunately I'm unable to raise the money to pay rent, deposits etc so I can move to start work. I've been on housing association waiting lists for the last 3 years for the areas I've been offered work and have so far had no offer of housing, the employer hasn't been able to assist with housing. I'm 34 year old and live rent free, my home is owned by my parents. The house needs a lot of work on it and I do some of the work in return for free accommodation (I pay bills, council tax and other expenses). They supply materials and I do the work. My parents don't live here, they live elsewhere. I don't have a tenancy agreement or contract, it's just a verbal agreement between me and my parents. I have debts of around £14000 which include about £3600 priority debt (council tax arrears). My non priority debts are all unsecured. I did have arrangements with creditors to make token payments but due to a sudden drop in income I haven't been able to make any token payment for about 6 month. My priority creditor has now tried to arrest my bank account but there was insufficient funds. I fear that they may now bankrupt me. In about 3 to 4 months time my parents plan to sell the house I live in, I have been offered some of the money from the sale of the property to pay off creditors and to relocate so I can move to go back to full time employment (that's if I don't find work locally). What I would like to know is, what are the chances that if I ask creditors for a payment break for the next 4 or 5 months with an offer of repayment in full at the end of the payment break that it will be accepted? I would also like to know, if a creditor was to bankrupt me (or if I choose to bankrupt myself), would my parents be told? (They are the property owner so may be seen as the landlord). Their well aware that I'm in debt but have a lot of problems of their own at the moment (health and non health problems). I don't want to cause them any more worry than they have already. If I were to end up bankrupt (whether voluntarily or non voluntarily) what are the chances I'd lose my car? It's not worth a lot, I bought it for £750 through auction a few year ago, I don't know what it's worth now but have seen others selling for anywhere between £500 to £1200 and seen a few garages selling the same make/model for £1800+ but the cars seem to sit on their forecourt for a long time s o I don't see that as a realistic valuation. I rely on the car for my business, I also need it to help out with parents (they both got health problems and their mobility isn't what it used to be). Apart from my car I have very little other assets and my savings have already been used up paying off various creditors over the last 3 year. My only other assets are a very old laptop (not worth much and has a lot of problems, mobile phone (also not worth a lot), tools I use for business (estimated valuation £300) and the clothes I wear (nothing fancy). Ideally I'd prefer to ask creditors for a payment break with a full settlement at the end of the payment break. If I needed to I'd go for bankruptcy but it would be a shame as I've already worked hard to clear a good bit of debt. The pressure of being in debt and having creditors on my back has had an effect on me mentally and I'm currently on medications for the way I feel. Any advice would be greatly appreciated and I'm sorry for a long post, I'm not that great at writing these things.
  11. hi, i have requested the document proof from my creditors they have not provided no documents it is over 14 days, what shall i do? also where do i stand in terms of paying the debt or managing the payments. can i oppose that and get out of not paying. pls advice
  12. Sent a debt collection agency the letter with regard to "a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 etc". They have written back asking for my last three addresses to confirm who I am. Any suggestions what to do next. Thanks.
  13. I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file. I found that a default had been lodged on my Call Credit file for £5,650.00 by "Barclays Partner Finance" ( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008. But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd" who have set their own default for the debt - Date 31/12/2009 amount £5,961.00. I am not sure if this debt has been sold on to CapQuest, or if they are just acting for Barclays Partner Finance, but in any case, is it legal to lodge 2 defaults for one debt? The default lodged by CapQuest, is on all 3 credit reference agencys, but the default lodged by Barclays Partner Finance, h as only been put on Call Credit, either way, my chances of getting a mortgage with even one default is remote I think? I just need to know what the best way forward is going to be for me? I have read somewhere on the forum, that people have managed to negotiate with the Debt Collection Agencys to remove the default by paying off the debt in a lump sum, and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default? Many thanks, in anticipation!
  14. to cut a long story short I finished cancer treatment in 2012 got into a awful amount of debt my dad had cancer treatment at the same time but he died, my marriage fell apart I am on ridiculous amounts of medication including 2 types of anti depressents, i live in a housing association home which I moved to from a larger housing association house to be nearer shops as I had to sell my car as I had rent arrears I have no assets everything is in my husbands name, i look after my 3 year old granddaughter so my daughter can go to work, the debts are around £15000 which are mostly credit cards and catalogues, i have managed to now keep up with the rent and council tax but have piles of letters and court orders from capquest and others I am trying to save to go bankrupt but as this is now £750 it is going to take a while I need help with how to tell creditors I cannot pay and tell them I need to go bankrupt I have asked them all to start bankruptcy proceedings against me but they wont, now a capquest court order from Northampton has come again today and I just feel like ending it all if it wasn't for my granddaughter I think I would please help
  15. I obtained a charging order in the high court on a debtor's rental property (ie not his home). The mortgage company have first charge. The property may be in negative equity, but house prices are currently increasing. 1 - Is either creditor obliged (or likely) to inform the other how much they are owed? This would obviously help in deciding whether to force a sale. 2 - Can either creditor force a sale against the wishes of the other? 3 - Can either creditor stop a sale by the debtor? 4 - Until the debt is repaid I understand the charging order will stand indefinitely. Will the statutory 8% interest also run indefinitely? Thanks.
  16. I'm looking for some advice and don't know where to turn. I'll try and keep this to the facts and not waffle on! I entered into a DMP in 2009 which is due to end 2016. I have just plucked up the courage to view my credit file and am alarmed by how the creditors have marked me so differently. I assumed all would default me but have since found that this is not the case and some have done possibly more damage to my credit file than I anticipated. Brief overview: Santander cards - settled March 2013 and July 2013 - file marked 6 late payments each month from DMP start date to settled date. Natwest credit card - file marked default Sept 2009 - no further entries and on going payments. idem Servicing 1 (previously MBNA) - marking file as up to date each month - on going payments. idem Servicing 2 (previously MBNA) - marking file as up to date each month - on going payments. Next - settled April 2013 - marked file as AP since 2009 with the odd green marker here and there. Shop direct - settled Nov 2013 - file marked 3 late payments every month to settled date. Natwest personal loans - marked as AP every month to current date - on going payments. Capital one credit card - marked default July 2009 - settled. Barclaycard credit card - marked AP each month since DMP start - on going payments. Natwest current account - marked AP from 2012 - up to date - 0 balance owed but still marking AP each month to current date. my questions are: 1. I entered into the DMP a Natwest credit card and loan and have no idea what the personal account is? I had a joint account with my partner before the DMP but changed this to just his name 2009 and now bank elsewhere. I have no idea what this account is and as the balance is £0 this file has been marked AP from Feb 2012 to current date. 2. Am I right in thinking a default at the start of DMP would be better than AP every month as the defaults are due to drop off my file in 2015 whereas the AP's are on going and I believe will stay on my file for 6 years after DMP settled. If so can they do this as they will have in effect given me bad scoring for a total of 13 years? can I contact them and ask for this to be changed? 3. idem Servicing (MBNA) have marked my file up to date with no bad markers since starting the DMP, should I just think myself lucky or can/will they default me upon settling the accounts in 2015? 4. I assumed my credit file would show the previous 6 years ie back to 2008, but for instance the Natwest credit card show 2006 - 2009. When will this drop off my file? I thank anyone in advance of you taking the time to read this and reply, and hope it can help others with similar questions.
  17. Hi all Myself and partner had an IVA that ran for two years it then failed mainly due to redundancy etc and unable to keep up with payments etc OK fast forward three years I am now dealing directly with creditors - BR not really an option as don't want to loose house What I am finding is that no money has been paid to creditors from IVA - not a bean . NRAM was biggest creditor and they have received nothing I reckon between us we handed over £20k to the IVA company - I know that I will have to trawl through paperwork and check the conditions - has anyone else found this ? Has the IVA company just kept all the payments in fees ????
  18. Hi, This is a strange one, I'm posting here to see if a common problem. About 6 months ago Pay Plan messed up my DMP by increasing payments to my creditors without contacting me. One creditors balance was cleared and PayPlan created a new payment plan without contacting me. It turned into a gigantic mess so I sent a formal letter to Pay plan to cancel the DMP and started to self administer my DMP, as well as complaining about their mess up. Got an email response, very poor response, and decided to get new SAR details to confirm the facts before making a formal complaint to them. DSAR sent, no response. Searched through my files. When I sar'd them in 2012, same thing, I only got a response when I send LBA. Last week I sent a SAR chase up letter, they claim not to have received the original letter, but will oblige with the SAR this coming week. I just though their DSAR department was incompetant, but then I got the shock of my life. I opened a CC statement to find a pay link payment on there, why? My PayPlan DMP is closed. Looked into my account, they have split the £10 fee for the SAR amongst my creditors! The SAR was a formal letter, clearly detailing I wanted full disclosure etc, especially telephone notes (as they were also very naughty last year and lied to me!). The best bit.......the have paid several creditors whose balance was 0! Sheer incompetence. Are play Plan covered by FOS? Am I entitled to any compensation, as I now have to spend time contacting quite a few creditors (again) to sort this mess out. Last time I had to renegotiate with 9 creditors to set up DMP myself, with many of them several signed for letters, requiring new i&e's etc, so the costs have been mounting up. Not what I need in the slightest. Any advice would be welcome CS
  19. Hi All, Hoping someone can help me. I am in the process of doing a DMP/IVA or a DRO and was wondering if I can get help on a few issues. I am only being badgered by a couple of my creditors but understandbly want to clear everything so effectively I can start again. I am in the process of contacting all my creditors for balances etc a nd was wondering if anyone had a draft letter to help me (maybe requesting I&C are frozen request) and what info I would need to ensure I get recent balances and not duplicate creditors. I have checked my credit report with Noddle and there are some of my creditors on there but not all, so is it worth emailing every creditor to get a balance/account number or just to deal with whats on that report as I know I have more. Also, some of my creditors are payday loans from several years ago and have mounted in interest, do I now have to pay the full balance etc? Any advice would be greatly appreciated as the sooner this is sorted the better. Thanks All.
  20. So... trying to set up plans for my GF. Wonga have replied and are cooperating, so are quickwuid. I am now trying to deal with Lending Stream who will just not play ball. 2 live loans with LS... One has been going on for 2-3 months and the other 2-3 weeks. After making the same offer to all creditors, I got this reply from Lending stream We are sorry to let you know that we would not be able to setup the payment plan on your accounts until we receive the first payment towards the account 1792016 for an amount of £XXX.XX so we would request you to make at least the first payment so that we can discuss further with the repayment options. Our policy states that the first payment towards the loan has to be made in full as initially agreed. We are sorry to inform you that we would not be able to freeze the interest/charges. We are willing to help you in clearing your outstanding balance and can provide you with an extension for up to 10 days or we can setup the partial payment arrangement on your loan wherein you can make 50% of the payment this month which would be £XX.XX and £XX.XX respectively and the remaining amount can made along with your next month's scheduled payment. Please be informed that the outstanding balance of your accounts is £XXX.XX and £XXX.XX respectively and these amounts are valid till 25th November, 2013. So I replied, explained that it is not possible for me to pay more than what I offered, explained that I am making my best offer and that i want them to be fair with me, explained it is the same amount that the other creditors are signing up to, explained why my circumstances have changed and what went wrong.... Can I do anything more? Can they refuse to help as they have and offer something that would create further debt? they would make this month easier but then next month would be an extra 50% of what the original agreement was... "can provide you with an extension for up to 10 days or we can setup the partial payment arrangement on your loan wherein you can make 50% of the payment this month which would be £XX.XX and £XX.XX respectively and the remaining amount can made along with your next month's scheduled payment. " I got another reply.... this reply is exactly the same as the first... I have responded explaining again, that I (THIS PERSON) have no other option and that if they try to take more or request more, I would be in financial hardship/poverty. I have asked if they are actually refusing my offer of payment for £80 a month. (This would clear the debt in 5 or so months) Yet to await another reply... Can I do anything further ?? Thanks!
  21. Hi Guys, Just after a bit of advice. I signed up to Experian to get a view of my credit report and there is no mention of any of my oustanding debts of creditors on there. I know I have them but they aren't listed on the report. I can see them on the Free Noddle report but not on experian. Any ideas?
  22. For some years my wife has been paying off various store and credit card debts via a debt management company who, naturally, take their percentage before paying the creditors. I have now intervened and contacted Step Change (formerly CCCS) and requested that they take over from the debt management company. Once transferred she may within a couple of months be able to clear all outstanding debts in one payment. I have seen a recent statement from the debt management company as well as an up to date statement from Noodle credit reference agency. Her liabilities are with four well known bank/store card creditors. Prior to paying them off is it customary to see if they will negotiate a full and final settlement figure less than the current amount outstanding ? If so what sort of percentage is the norm ? I appreciate that Step Change can advise us on this but it would be interesting to have some guidance from members here.
  23. Hi all I am new on here. Please be gentle with me. I have posted on other sites seeking advice. In a desperate situation and in desperate need of some advice. My mind is everywhere at the moment but will try to explained fully my problems. Just recently closed down our business. Ceased trading after nearly 16 years . Its a partnership or rather was a partnership and that is the main problem to my problems. Really did not expected it but the day we ceased trading my partner basically walked away and wanted nothing to do with the business.......leaving me to deal with a real mess of everything and the partnership debts. Because she has no assets when she sold her house 3 years ago to settle her personal debts and is now renting, I know I am in a really disadvantage position (I am fully liable as a partner). Whereas, I still own my property with a sizeable equity. She has avoided all communication and may have moved again. After getting over her treachery and shock of it all and with very limited funds raised through friends and family, I have slowly been trying to sort everything out. Managed after much negotiation to settle the debts with various suppliers. After returning the remaining stock to them, I settled only 50% of the debts owed. Result is I am no longer liable ( all this is in writing ) and the creditors retain the rights to pursue my ex partner for the other 50%. Then there is the HMRC , the VAT and other many various matters I suddenly I had to deal with. It has been very stressful for me and I do not know how much more I can cope especially the thought I might lose my house. I have 2 young children and I really cannot and do not want to sell my house My problem now, probably the biggest problem is the unsecured overdraft and loan debt with Barclays which I am hoping to find some advice here . Its about £26k which I do not have. I wrote to them enclosing a financial disclosure,explaining my situation I am in and also that I am now in a low wage employment.I offered them £7700 on a pro rata basis. Unfortunately , this was rejected This is the extracts from the Barclays reply........"In your letter the sum of £7700 is a pro rata offer but you do not say much you are raising to settle your various debts or whether your other creditors are prepared to accept a pro rata settlement. We have not received full financial disclosure from you to include full details of your property and our records suggest that you have substantial equity in your property. We would be prepared to consider a greatly enhanced offer of settlement but if this is not forthcoming......." Do you think I have messed it up with the offer? Any suggestion/ advice on how to reply......worried on how I should reply to them without making a mistake. Do I disclose full details of my property? Any idea what enhanced offer they looking for ? Do you think I can come to an arrangement with them like I did with my suppliers and that Barclays retain the right to pursue my ex partner? Also, I have personal credit cards debts which I am trying to arrange a dmp with them until I can I come up with some settlement. Just pointing out , the funds raised to settle the partnership debts was raised after the business ceased and before my ex partner decided to do a runner. It was on the assumption / expectation she would come up with her half. As you can see , I am in a real bloody mess.I would be very grateful for any suggestion or advice. Thank you Regards
  24. Following the recent Court of Appeal decision in the case of Roberts v Bank of Scotland there are some key points that creditors should take away from the decision.The outcome of this case is likely to have ramifications for creditors who are attempting to contact their customers in relation to defaults on their account. The appeal was made by the Bank of Scotland, following a decision against them that their conduct amounted to harassment and intimidation of their customer, with the Judge awarding damages to the customer as a result of the bank’s conduct.Bank of Scotland appealed the decision, but their appeal was dismissed. More: http://talkingfinance.gateleyuk.com/2013/06/21/who-are-you-going-to-call-not-your-debtor/
  25. Hello everyone, First of all, many thanks to all the people that created CAG and the huge work that I can imagine has been put into it. My name is Carlos and I'm from Spain. I lived in the Republic of Ireland (Dublin) between 2005 and 2006. I borrowed a total of 30.000 euros from Bank of Ireland + Tesco and credit cards. That was for an investment opportunity I was offered at that time, which unfortunately went really bad and I ended up without my investment capital. I stayed in Ireland for another few months while I tried to explain this to my creditors. I tried to extend my initial 5 years repayment plan to a 15 years repayment plan, but they didn't accept it. My last payment to all creditors was done in the beginning of 2006. I found a job in the UK in the same year and after moving over here, I never heard from them since. My personal situation and finances have not improved in a way that I could afford to repay this debt. I would like to know if they could have taken me to court in Ireland while I was absent and if so, if they can get an european cross-border order from an Irish court to enforce this debt over here, if they ever find me. I have checked a few threads, including this one: Republic-of-Ireland-debt-being-chased-in-UK Is my debt statute barred already? Even in the event they have an order from an Irish court? I saw on the internet that debts in Ireland are statute barred after 6 years too, unless they have a court order, which would then allow them to chase the debt for a period of 12 years. "If your creditor gets a judgment, then, in general, they have 12 years in which to enforce that judgment." Anybody could pls shed some light? I'm really worried that find me here and ruin my life. I borrowed this money to invest, in good faith, not to spend on myself recklessly. Thank you all in advance, sorry for the long post. Carlos
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