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Clinging_2da_wreckage

£2.40 to pay £1 at Post Office?

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Hello,

 

We have agreed £1 monthly token payments with a DCA for a personal loan. (Under £2,000)

 

We have recieved a payment book to use at the post office but the charge is £2.40 which seems absurd when other creditors are quite happy with a standing order.

 

I am going the token payment route because my wife is not well and is not able to cope with any stress but I am thinking about sending a CCA as the debt is approx 10 years old.

 

Any advice would be much appreciated.

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Im sure we can help you with this, can you give a few more details? i.e. who is the creditor? is it a credit card/loan/something else?


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Had you not acknowleged it, it may have been statute barred in which case it would have been legally unenforceable.

 

TFT


09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

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Part settled for £48 - 01/03/08

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HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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i pay a similar amount to moorcroft, post office staff always tell me about the charge, bless um:)


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Firstly the debt may still be statute barred. Although you are making payments to it now, was there any six-year period during which you made no payment at all. If the loan became statute barred then even though you've began again to make payments, you will not have revived the legal enforceability of the loan.

 

Secondly, the DCA are not entitled to insist on using a payment book at the post office. You are fully entitled to make the repayment in any way you choose and if you make a standing order in their favour then they are bound to accept it as they have a duty to mitigate their loss. The only danger is that you lose control and the standing order fails one-day in which case they will be entitled to revisit the agreement and of course you may suddenly find yourself hit by for the bank charges.however if you are confident that you can keep payments going then by all means make up a standing order to them make sure it carries the correct reference that they will recognise the payment and start paying it. I suggest that you allow at least onemonth for both payments -- the standing order and the payment book to go through so that it is tested. You can then call the DCA and tell them to check and confirm that there is an additional payment. When they have confirmed that, you can stop making the post office payments and write the DCA a formal letter telling them about the change in the way the payment made.


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Thanks for the quick replies. :)

 

This was an Abbey Loan which has been taken over by Moorcroft. Looks like this is their preferred way of payment spartathisis?

 

The payments have been regular up until Oct. 2008 so I guess statue barred is out.

 

Sounds like good advice BankFodder, I will do just that.

 

Can I say we are newly introduced to the world of debt and the jackals that walk it and being able to talk to people here is a massive comfort.

 

Thanks again

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Had you not acknowleged it, it may have been statute barred in which case it would have been legally unenforceable.TFT

 

Just to add my knowledge on the whole Statute barred thing.

 

So long as there has been no payment and no acknowledgement (in writing) in a six year period, then the debt becomes unenforceable under the Limitations Act

 

Whatever transpires after this time, nothing the debtor or creditor does can ever re-start the SB clock.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Beaten to it again BF!:p


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Had you not acknowleged it, it may have been statute barred in which case it would have been legally unenforceable.

 

TFT

 

if you made the offer after it became statute barred i think it would still be the case that it is statute barred

 

(sure i read this somewhere)

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The payments have been regular up until Oct. 2008 so I guess statue barred is out.

 

 

Definitely not statute barred.......

 

I would send a CCA request off to them - if you get nothing back, or something unenforceable, then the ball is in your court.

 

I agree with bf - set up a standing order with them, as long as you know you can maintain the payments.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I would merely add that if the payment book has a sort code on, it should correspond to a bank. Paying it in through the bank should mean avoiding the charge. Similarly, if you have a bank account, you should be able to pay the bill there without the charge.


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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