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Christmas and Debt


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hello

 

i have a lot of direct debits coming out this and next month that are going to leave me quite short what with christmas on the way

 

Is it unwise for me to cancel these direct debits, (mostly for loans) until after christmas and then catch up then.

 

i will have no trouble meeting them in January as i am getting a lump of money in January.

 

thoughts on this situation as i am considering cancelling all debits and re instating after christmas.

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hiya,

 

if you plan on doing that ideally you need to cancel them atleast 10 working days before the payments are due to come out, if you cancel and in the interim period the creditor tries to collect you will be hit with penalty charges (which you could claim back anyway but no sense getting em if you can avoid them.)

 

I would consider speaking to the creditors, if it's a case of you needing a month or two on slightly reduced payments and then making that up in jan they could be slightly flexible, especially if you haven't defaulted before. they might also be able to waive or reduce any late payment fee if you inform them first.

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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could i for instance, cancel them, wait for them to contact me and then rearrange payments for after christmas

 

is this risky?

 

 

you see i am going abroad to the folks at christmas

otherwise it would not be a problem.

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It's VERY risky - you will definately be hit with charges for every returned direct debit by your bank, possibly two as you won't have informed the collector they won't be honoured - and it will damage your credit rating as these will be registered as missed payments.

 

Talk to the creditors first and ask for reduced payments for one month.

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why will they charge me, i thought they could only charge if there was an unpaid direct debit because of insufficient funds.

 

it's with the halifax, will they take action if i cancel all debits

 

Am i within my rights to close all direct debits and offer another form of payment to the creditors.

 

i've read things on here about cancelling debits and taking control by setting up standing orders. is this feasible in my case.

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They will charge you for returning a direct debit whether or not there are insufficient funds if you don't give them 10 days notice. All direct debits are usually 'locked' into the payment system 10 days ahead of time and can't be stopped after that (according to somebody I spoke to at Nat West).

 

With Standing Orders the money can only go out on the day stated, they are much safer in that aspect and Standing Orders don't always get taken early, if they do you can claim back quicker than claiming on a DD mandate

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I would give your creditors a call, explain you can't make next month's payment, but will amke two the month after.

 

Most are generally very good about this if they know in advance.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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here is the state of play then

 

flying away on 19th dECEMBER

 

Debits due to come out on 20th December

 

cancel debits by 10th December

 

contact creditors in the new year to arrange new payment arrangements

 

 

If anyone one can think of a better way of handling this i'm all eyes.

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Contact all the people who will be taking out DDs NOW and explain your situation - ask them nicely to accept half payments (if you can manage it). With luck this might work - if not then you are going to be lumbered with charges unless you stop all your DDs with the bank in the next week.

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hI,

CONTACT THE CREDITORS AND EXPLAIN THE SITUATION. MOST I WOULD THINK WOULD BE FLEXIBLE BUT IT WOULD DEPEND ON YOUR PAYMENT HISTORY WITH THEM. WHEN I HAD PROBLEMS SOME OF MY CREDITORS ALLOWED ME A "PAYMENT BREAK" ONCE A YEAR. ITS WORTH A TRY. ALSO YOU ARE ENTITLED TO CANCEL ANY DIRECT DEBITS AND CHOOSE ANOTHER PAYMENT METHOD BUT IT IS ADVISABLE TO LET THE BANK AND EACH CREDITOR KNOW IN ADVANCE TO AVIOD POSSIBLE PENALTY PAYMENTS. HOPE YOU GET IT SORTED

REGARDS

JO

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Its entirely up to you whether you pay by direct debit or not. Like others have stated, as long as you cancel them 10 days before they are due out then the bank cannot charge you any "returned direct debit fees". However the credit card or loan company may hit you with a late payment charge. I would try and call them first

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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I'm not sure about the advice given on being charged for cancelled direct debits. I have cancelled many direct debits in the past without contacting the company involved and not been charged a penny.

 

As I understand it, a person will only be charged if a payment bounces, not when it's cancelled.... following instructions to the bank to do so.

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I must admit, I have cancelled DD's the day before and have not been charged.

 

Same here. I think that you can cancel them with a minimum of 24 hrs notice.

Tip us a wink on my scales if you think I may have helped at all;)

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Same here. I think that you can cancel them with a minimum of 24 hrs notice.

 

Same here.... actually according to the direct debit website you can even cancel one on the day it is supposed to be paid. Opens a whole can of worms for the banks that one though

 

SOURCE (just click on the "how do I cancel a direct debit" question)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

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Thats interesting dave,

I recently cancelled a DD with Nat West 3 days before its due date, however they still tried to make the payment and i ended up with a nice £38 charge (theft) on my account!

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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undersiege, contact the lending team on 08457 888 444, explain to them you canceled the DD with the understanding it would not go out. Tell them you believe the charges to be unlawfull and you will contend them. They should remove the charge crediting your account as a goodwill gesture (I know its kinda a joke calling it a goodwill gesture when it is unlawfull in the first place) . If they do not then follow the procedure on this forum to claim back your charges. When you get through to an advisor ask for lending team.

 

 

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hello

 

i have a lot of direct debits coming out this and next month that are going to leave me quite short what with christmas on the way

 

Is it unwise for me to cancel these direct debits, (mostly for loans) until after christmas and then catch up then.

 

i will have no trouble meeting them in January as i am getting a lump of money in January.

 

thoughts on this situation as i am considering cancelling all debits and re instating after christmas.

I don't know your personal circumstances etc, so please forgive my ignorance...

Personally I would be tempted to 'postpone' Xmas until Jan when U would have the money to enjoy it more.

U are attempting to have your cake + eat it otherwise.

...U may find that it will leave a bitter after taste lasting for 6yrs, if U live beyond your means just cos it's Xmas.

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Guest Fallenangel

Hi dirkfunk, have read this thread with interest as I have faced similar issues before, cancelling DD's and setting them back up, when the money's been tight. Mine have not been for loans though, but like electric and once it was the council tax. In my personal situation I saw an oppertunity to have that money free and to catch up later, being very apologetic after recieving a letter as to why my bank had informed them that the direct debit had been cancelled, I would ring up and blame my hubby and say I'm really sorry but he's cancelled it by mistake can we set it back up and pay 2 next month. If they are cancelled 24 hours before hand then they cannot take it out your account, although i think its longer for internet banking.

 

It's not something I would do all the time, so please don't think bad of me, but if needs must then I would do it and catch up later, as long as you CAN catch up later.

 

FA x

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Not with my internet banking i can cancel anything on the day and it does not go out. I am with lloydstsb so i dont know if it is the same for all internet banking site.

 

One thing i did do at the beginnign of December last year which could be classed as sneeky was cancell all DDs as of the begining of 2007 I wrote to the bank amd each company and said i would now be payiong them by intrenet banking and if they provided me with the relivant banking details then that would be paid by that in future. Only one company refused to give me the details so when they sent me Decembers bill i just added the details from the payment slip.

 

Now everything goes out on standing order via internet banking. They still recieve there money but cant just helpthem selves which they did do but i just hit each company with the charges that they allerdgly caused me and demanded they take it off my bill. Needless to say i got several letter saying we are sorry for our mistake and we have reduced your debt by the charges and XX amount on top.

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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