Jump to content


  • Tweets

  • Posts

    • Bank the cheque.  No doubt it will bounce - but you never know. When it bounces - that is when you are meant to access their website link and enter your personal details - but of course - DON'T.
    • Wayne Ting, chief executive of e-scooter firm Lime, says there's room for improvement. View the full article
    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
  • Our picks

Advice paying several debts


Please note that this topic has not had any new posts for the last 4549 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

To cut a long story short I lost my job and was unable to keep my repayments on my credit cards, this was well over a year ago now.

 

At first they all say we will try to help but I never saw any of that and eventually all my debts are now with debt collectors and the sort.

 

I'm currently on JSA which is £220 a month (I live with one of my parents also)

 

I pay £143 but now as these companies seem to want to eventually creep the amount I pay back (one went from £20 to £25 last week) I find myself more often than not falling behind even in these payments each month as every scrambles to try and get a bit of my money.

 

I no longer have the phone on the hook as there are constant phone calls from with various messages as "could please ring on such and such number"

 

Everyone gets thier money but they still seem to phone up asking for payment regardless of whether my payment is on time or not.

 

A lot of these people are claiming on behalf of other people I'm pretty sure (like AIC are fronting for Mint but I have no proof of this, just a letter saying so)

 

Well, my real reason for posting is to know if there is anything I can genuinely do to cut down some of these monthly payments, Brian Caters take £30 and Mercers £28 and they just won't budge is letting me lower the payment.

 

So any adivse on how I may be able to lower my payments, or even find out where my money is going each month (and if my debt is actually going down) would be appreciated, I also think a lot of this has made me quite stressed and really gets me down sometimes.

 

TIA.

Link to post
Share on other sites

Hi Hachi and welcome to CAG. There are a number of things you can do to help your current situation. Firstly you need to sort out a budget, have you done a statement of affairs to show your income and outgoings? Credit cards and loans are non priority debts so you need to ensure that essential bills are paid first. You also need to reserve a little bit of money for things like clothes, emergencies and a social life.

 

Secondly you need to identify if these DCA's have the legal right to collect on the account. You can do this by asking for a copy of the credit agreement (this is required to legally enforce the account), a notice of assignment (this shows that the DCA has been legally assigned to act on behalf of the creditor) and a statement of account. If they can't supply a copy of the credit agreement after 12 working days they are in default and can't lawfully enforce the account, this means that they can't apply interest and you can withhold payment until a copy of the agreement is produced. A template for this request is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N. You need to send this recorded delivery and enclose a one pound postal order. Do not sign the letter.

 

How old are these accounts?

 

Regarding the phone calls I would also send the letter here with the CCA request http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Have you thought about changing your telephone number? You can do this by phoning your supplier and informing them you are being harassed and require your number to be changed.

 

Finally, are there any charges on the account which you could claim back to reduce the balance e.g. late payment fees, overlimit fees?

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks for the reply,

 

The accounts are probably reaching the two year mark, it took nearly six months to come to the current situation I am in (they wouldn't except my payment offers and gave the usual threats about courts and such)

 

Mercers are the worst, they said if I payed a certain amount they would clear the over limit on my card, but they never did (it was something like £200 over the limit thanks to fees and interest, and Barclays were still sending me credit card bills, so I'd pay £28 to Mercers then the bill would arrive from Barclays with a late fee and interest added on so nothing was actually payed off for nearly a year, but they have stopped this now and said they won't charge me anything for six months)

 

There are a lot of charges for late payments and overlimits that I know of, but have no real evidence as to what they might be, as most of these companies just give a flat amount of what I owe.

 

Should I send a letter to each of the companies (IE send the letter to the people who I actually pay each month?)

 

I just want to make monthly payments that I can afford and still be able to live, and not be harrassed still even after I have paid.

Link to post
Share on other sites

The accounts are probably reaching the two year mark,

This is when you took them out with the original creditor, yes? I wasn't asking when were they transfered to DCA's.

 

There are a lot of charges for late payments and overlimits that I know of, but have no real evidence as to what they might be, as most of these companies just give a flat amount of what I owe.

 

The statement of account should give you a lot of this information, but you'll probably have to send a SAR to the original creditor to get the full picture on how much the charges are. A SAR is a request for information under The Data Protection Act. You may be pleasantly suprised how much the charges come to.

 

Should I send a letter to each of the companies (IE send the letter to the people who I actually pay each month?)

 

I would send the letters to the DCA's.

 

I can't find our statement of affairs calculator so I'll give you a link to another one here Debt Statement of Affairs - Debt Consolidation - The Motley Fool The calculator is at the bottom of the page. DCA's (or creditors for that matter) have a legal obligation to accept what you can afford. They may through their toys out of the pram but don't be pressurised by them. A court would grant them no more than you can afford to reasonably pay and they know it.

 

I just want to make monthly payments that I can afford and still be able to live, and not be harrassed still even after I have paid.

There are bodies that are there to help you such as Trading Standards and the FOS and prevent you from being constantly harassed. They won't judge you on your debt position so don't feel helpless (plus you're with CAG now as well).

 

There are also free debt charities such as National Debtline which can offer good free help and advice National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Oh I forgot, have a read here too http://www.consumeractiongroup.co.uk/forum/general-debt/55579-oft-guidelines-debt-collection.html

 

This what DCA's are allowed to do and what they are not allowed to do.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

It's been two years since transferred to the DCA's, it's probably about five years since I originally got the credit cards.

 

I did mean send the letters to the DCA's (just getting used to all this new jargon)

 

I've been reading for a couple of months here but finally decided to post and put my situation forward instead of trying to guess what I should do.

 

Am i able to get things like late payment charges and over limit charges removed from the original debt?

 

I know there are limits to what they can do, it's just a matter of trying to find out what they are and how far they can carry on at me because some of these people are just not nice at all, don't say hello or goodbye on the phone, argue and generally act nasty, I've also learn't not to talk to these people on the phone anymore, everything I've sent recently has been by post and email.

 

Thanks for the replies and I'll see what happens next and no doubt post back again.

Link to post
Share on other sites
  • 2 weeks later...

Hello again,

 

Could someone please confirm that when sending a CCA that day zero should be considered the day that the letter was signed for (I remember reading it but couldn't find it again to check)

 

Also, what is the best way to go about finding all the charges that have been added and go about getting them removed (things like going over limit and late payment fees which ended up in me defaulting)

 

TIA.

Link to post
Share on other sites

Hi Hachi,

 

My understanding is the countdown starts from the date of posting...make sure you keep all the rd/sd posting slips. and then its 12 + 2 + 30 days.

As advised sending a SAR to the original creditor, will give you information including ,which ,will be your statements and on the statements you will see if you have any unlawfull charges/ late payment fees...then claim them all back.!:-)

kind regards

moving on

Link to post
Share on other sites

The 12 working days actually starts from the day the letter is signed for, so it's usually counted as 2 days for it to arrive at it's destination, 12 working days until they go into default and you can begin to withhold payments, then 30 working days from that date they enter criminal default and may take no enforcement action until they comply with your request.

 

Hope that clears it up for you.

 

As for the charges, do as Rory32 and moving on advised, send the S.A.R - (Subject Access Request) (not forgetting the £10 Postal Order) to the original creditor. Send it recorded or better still guaranteed next day (costs more but is much better) then sit back, wait for them to respond.

 

DO NOT under any circumstances sign letters to either the DCA or the Original Creditor, it is not unknown for signatures to be copied and pasted, not that I'm implying that any of your creditors etc would do that, but it's safer for you not to sign anything, just print your name.

 

Good luck. :)

Link to post
Share on other sites

....the only thing I found was that some DCAs who operated using a P.O.Box number never actually signed for anything...! so RM tracking did not help me with some DCAs....It was only when the alleged account was passed back to the original creditor and I heard from them that I realised the DCA had actually received the CCA request......(but I still stuck to the timescale!)

just a thought..

good luck moving on....

Link to post
Share on other sites

That's true for Recorded Delivery moving on, but for every letter I've sent guaranteed next day, even to a PO Box, it got a signature and could be tracked. Since finding that out, all my letters to these people go GND just for my peace of mind.

Link to post
Share on other sites

The SAR template is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Also have a read through the FAQ's here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ The process for reclaiming charges is basically the same for credit cards as bank charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks for the replies, a template was what I was really after, should of made my post a bit clearer.

 

I've managed to get two DCA's to allow lesser payment, I've sent CCA's to the rest and now the waiting game begins, looking forward to what Mercers will do as they seem to make up their own rules, polices and offers as they go along and end up contradicting themselves.

 

Even though I've had no responses yet, I feel a bit better now that the ball is in thier court so to speak, seems like I've managed to take control for the first time since I got into this situation, still kind of nervous as to how various DCA's will act though.

 

Thanks again.

Link to post
Share on other sites

When this situation started, the CCCS just told me to contact the creditors and asked for a reduced payment, which really wasn't a lot of help, I could of figured that out for myself.

 

I've looked at Payplan, but not entirely sure how effective they really are after reading several threads on these forums (though it seems mostly down to the DCA's being their usual, uncooperative selves.

 

I received a letter today from one of the DCA's I CCA'd last week, asking for full payment of the balance I owe, otherwise they may start court action without further notice, strategic wording on their part, they still have a week or so to respond to my CCA.

 

This thing regarding the people that sign for the letters, the two I sent last week have been signed for (as said in the paragraph above with one resonding with they want full payment; sent to the addresses on the paperwork they say to send payment to, well the only address they really specify) Can I assume that my letter got to the appropiate people or will they just ignore my request and hassle me regardless?

Link to post
Share on other sites

Can I assume that my letter got to the appropiate people

Yes.
will they just ignore my request and hassle me regardless?
Depends on the DCA really.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks,

 

As long as they get my letter, that's the main thing and then up to them to respond or not.

 

Yet again, thanks to all that answer and clear things up for me.

Link to post
Share on other sites
  • 2 weeks later...

Hi,

 

Is there a template regarding asking to pay a reduced amount each month, I looked on the template section but could only see ones for when an offer has been refused (unless I couldn't see for looking)

 

TIA

Link to post
Share on other sites
  • 3 weeks later...

Just an update and few questions.

 

Of the six debts I have, two have agreed to payments of £10 a month, I never bothered to CCA these as they were being reasonable, should I still send these a CCA to see what goes?

 

Of the four I did CCA, one answered back in a few days (Mercers/Barclays of all people, still being funny about how much I pay them a month but that can be sorted out later)

 

AIC (Allied Internation Credit) these were working on behalf of Mint, no CCA yet but I did get an email out of the blue from Mint telling me I had an E-Statement ready (the email was in my name to my dedicated banking email) I went to the website but couldn't login, there were no clickable links in the email and I had to type the address manually in the browser, so I believe it was real, and the 12 working days have passed.

 

This is what the Mint email contained.

 

Dear XXXXXXX,

 

Your December 28, 2007 E-Statement for MINT account number XXXXXXXXXXXXXXXX is now ready for viewing. Just log on to your MINT Online account.

 

You will be able to view any special offers. We advise you to print these off as they will only be available to view for a limited period.

 

Best wishes

 

Jerry Toher

Managing Director

 

P.S ...don't forget that you can make a payment online using the payments and transfers link once you have logged on.

 

Blair, Oliver & Scott (Halifax) and Equidebt (Co-Operative) Have just been sending the good old "you must pay the full amount due" letters and not responsed to my CCA request.

 

I take it of the three that have not responded to my CCA request I can continue to ignore until the 30 calander days have also passed, and ignore Mints somewhat futile attempt to get me to contact them.

 

TIA.

Link to post
Share on other sites

Of the six debts I have, two have agreed to payments of £10 a month, I never bothered to CCA these as they were being reasonable, should I still send these a CCA to see what goes?

 

It's still worth doing IMO as you may be in a position to offer a reduced settlement at a later stage and if the agreement isn't up to scratch or they can't find it this gives you more leverage.
I take it of the three that have not responded to my CCA request I can continue to ignore until the 30 calander days have also passed, and ignore Mints somewhat futile attempt to get me to contact them.

Yes just continue to ignore them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Just been searching the forums and found this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/116279-heathermc-mercers.html?highlight=application

 

The form in that is the same as the one I received, so would that make it unenforcable?

 

Also the Halifax one I received is blatently an application form but I'm not sure what to look for to see if it's valid (even the covering note said here is the application form you requested, which I obviously didn't)

 

Thanks

Link to post
Share on other sites

I am sorry.....but in my opinion BOTH agreements are enforceable (yours and heathermc)

 

that is to say they are NOT unenforceable, If they went to court a judge would not have a problem enforcing them

 

they DO have the prescribed terms......

 

1....credit limit (we will set it and tell you, we may vary it )

2....repayments schedule

3....apr (or interest examples)

 

everything else is arguable, but eventually enforceable

 

I'm afraid you might lose on this one

 

sorry

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...