need advice please?

[Lenny1245]

Very new to this site but have been reading and got lots of questions!

 

First of all my partner recently admitted to being in a total of 30k in debt from previous loans and credit cards he took out when he was twenty one. he is now twenty seven and hasn't been making payments stupidly but done now so cant change that.

 

The only information i have is the paperwork from debt collecting agencies. we have sat down and made payment plans with each creditor so he is paying out just over a grand a month and is barely having enough cash to live on. both live with parents but looking at getting our own place but with his credit history we currently have no chance.

 

I just wanted some information on how to get loan information and charges etc as i have recently found out you can claim back?!

 

It is getting us both down but need to start to reduce the debt. any advice is greatly appreciated!!

 

Thanks

 

L x

[Lenny1245]

Very new to this site but have been reading and got lots of questions!

 

First of all my partner recently admitted to being in a total of 30k in debt from previous loans and credit cards he took out when he was twenty one. he is now twenty seven and hasn't been making payments stupidly but done now so cant change that.

 

The only information i have is the paperwork from debt collecting agencies. we have sat down and made payment plans with each creditor so he is paying out just over a grand a month and is barely having enough cash to live on. both live with parents but looking at getting our own place but with his credit history we currently have no chance.

 

I just wanted some information on how to get loan information and charges etc as i have recently found out you can claim back?!

 

It is getting us both down but need to start to reduce the debt. any advice is greatly appreciated!!

 

Thanks

 

L x

[Guinnless]

Fairly new here myself but one thing that screams out at me is that some of these debts may be statute barred if he hasn't paid them for so long. Please don't do anything until someone with more experience comes along with some advice, just on the off-chance.

 

There's light at the end of the tunnel and its not just another debt collector with a torch, so hang in there

[babybear39]

Very new to this site but have been reading and got lots of questions!

 

First of all my partner recently admitted to being in a total of 30k in debt from previous loans and credit cards he took out when he was twenty one. he is now twenty seven and hasn't been making payments stupidly but done now so cant change that.

 

The only information i have is the paperwork from debt collecting agencies. we have sat down and made payment plans with each creditor so he is paying out just over a grand a month and is barely having enough cash to live on. both live with parents but looking at getting our own place but with his credit history we currently have no chance.

 

I just wanted some information on how to get loan information and charges etc as i have recently found out you can claim back?!

 

It is getting us both down but need to start to reduce the debt. any advice is greatly appreciated!!

 

Thanks

 

L x

 

Hi there

 

You need to post a new thread to keep the replies seperate

 

Please use this link:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Blondmusic]

Very new to this site but have been reading and got lots of questions!

 

First of all my partner recently admitted to being in a total of 30k in debt from previous loans and credit cards he took out when he was twenty one. he is now twenty seven and hasn't been making payments stupidly but done now so cant change that.

 

The only information i have is the paperwork from debt collecting agencies. we have sat down and made payment plans with each creditor so he is paying out just over a grand a month and is barely having enough cash to live on. both live with parents but looking at getting our own place but with his credit history we currently have no chance.

 

I just wanted some information on how to get loan information and charges etc as i have recently found out you can claim back?!

 

It is getting us both down but need to start to reduce the debt. any advice is greatly appreciated!!

 

Thanks

 

L x

 

Hi Lenny. Welcome to CAG. It might be a good idea to start your own thread on this so you can get the help you need. Scroll to the top of this page, click on Debt Collection Industry then once the new page has loaded up scroll down the page and you will see a button that says New Thread. Click on that and you will have a thread all to yourself.

 

It will be a good idea to bookmark your thread once you have created it so that you don't lose it!! (I have done it loads of times. Being a blonde does not help!!)

 

Babybear you beat me to it. You must be able to type much faster than me LOL.

[PriorityOne]

Please can you list all loans.... the amounts.... and who is currently chasing your partner for payment....and how much he is currently paying for each one. Please also say if there are any CCJs on any of these accounts.

 

Debt Collections Agencies have a tendency to crank up the pressure in order to secure high payments for themselves when they often don't have the legal power to collect on these accounts in the frst place.

 

Naming the companies will help us to help you.... because we're already familiar with their tactics.

[babybear39]

To look at the charges issue you need to send SARs to each company:

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Amend to suit, send recorded keeping a copy with your postal receipt, print do not sign your name.

[Blondmusic]

Has he actually acknowledged the debts in writing or made any payments? I only ask as if your partner has made no payments or admissions in writing in the past 6 years then the debts are statute barred and your partner has no obligation to pay the debts.

[Lenny1245]

He had made payments at first but then lost his job so stopped for a total of three years i think. I will look at paper work tonight and let you know amounts and which companies. Thanks everybody

 

L x

[maroondevo52]

Hi, Lenny.

 

I've moved your posts to start your own thread, also merged your other thread with this one and unapproved your duplicate post, please continue to post on this thread.

 

Regards.

 

Scott.

Edited July 27, 2009 by maroondevo52

[Lenny1245]

Thanks for doing that, I got ever so confused lol

 

L x

[IdaInFife]

Hiya Lenny,

 

What you would need to do is send a sar to each of the companies you want to claim back charges (link in my sig) to the original lender/creditor. You would need to inlcude a £10 PO in each and send recorded.

 

If any of these debts he has not paid anything in 6 years between the lat payment and the currents then these would be statute barred so would not need to pay them.

 

If he is paying £1000 per month and doesn't have enough money left over for daily living then he is paying too much and you should re do the income and exp allowign enough monies to live off.

 

He can also send a cca request to the dca (link in sig also) it would need to inlcude a £1 po and send recorded and this would check that they do indeed stil lhave the relevant paperwork and that the dca is entitled to collect it.

 

Ida x

[loobyloo85]

You could gain a copy of his credit report to see what debts are still outstanding, and I agree with the above posts with the possibility that the debts could be statute barred. You could then visit Martin Lewis' website where there are template letters to send to the banks and a full explanation of how to claim charges back. You partner could then enter into a debt management or an IVA depending on his surplus income and debt.

[Lenny1245]

Thanks for the advice. I am going through all the paperwork this evening so will send off for his credit report also.

 

Greatly appreciated.

 

L x

[IdaInFife]

You could then visit Martin Lewis' website where there are template letters to send to the banks and a full explanation of how to claim charges back.quote]

 

 

 

or use the perfectly sound template letters on this site

 

 

Ida x

[Lenny1245]

Morning sorry about the delay it's been so tough going through all paper work. so here goes:

 

Robinson Way & Company - £6748.78 (capital one card)

 

Eaton Ryan & Taylor Solicitors - £5792.11 (HFC Loan)

 

CAS Credit Ancillary Services - £13175.85 (HSBC Loan)

 

Those are the only ones i know about so far i know there all debt collecting agencies. My boyfriend is currently struggling to pay out each debt each month all totaling £950 per month. I would like to know when i receive the cca back from the loans what am i exactly looking for as there all dating back to 2004. The credit card I'm requesting a subject access request but what does that exactly send back to us? We have also requested his credit report to see any other debt etc.

 

What are the options I have? Thanks in advance as it's been so tough but don't really know a lot about this type of stuff.

 

L x

[Lenny1245]

Morning sorry about the delay it's been so tough going through all paper work. so here goes:

 

Robinson Way & Company - £6748.78 (capital one card)

 

Eaton Ryan & Taylor Solicitors - £5792.11 (HFC Loan)

 

CAS Credit Ancillary Services - £13175.85 (HSBC Loan)

 

Those are the only ones i know about so far i know there all debt collecting agencies. My boyfriend is currently struggling to pay out each debt each month all totaling £950 per month. I would like to know when i receive the cca back from the loans what am i exactly looking for as there all dating back to 2004. The credit card I'm requesting a subject access request but what does that exactly send back to us? We have also requested his credit report to see any other debt etc.

 

What are the options I have? Thanks in advance as it's been so tough but don't really know a lot about this type of stuff.

 

L x

[debt4get]

i would definitely cca all 3 of them and see if they have correct paperwork to even collect on the debt, also remember you pay what you can afford NOT what they want

[debt4get]

chances are the cca for the account for capital one will be invalid havent known them produce a good one yet, when you get them scan them to the site and people will advise whether they can be legally binding or not

make sure you blank out all your own details

[Lenny1245]

Ok so if i get cca's on all of them and wait for his credit report to come through too. I understand he should pay what he can afford but they put so much pressure on when you speak to them.

 

I have already found out from reading other threads that we should never really speak to creditors over the phone. what way can I go by stating a smaller amount paid to each creditor?

 

Thanks!!

 

L x

[Undercover-Elsa]

Hi Lenny,

Well done at taking the first steps to getting this sorted

The no phonecall rule is really important as these people will say anything to frighten or bully you into paying more than you can afford..they are a bit more careful if they have to put it in writing, and you need an accurate record of proceedings from now on..so EVERYTHING in writing.

Send each one the CCA request. They have 12 days plus 2 working days for posting to provide you with the agreement AND a statement of account. If they fail to supply this, after the time limit you can write and put the account in dispute. At this point you can legally withhold any further payments until they comply.

They are well aware by now that they should not pursue the debt or demand payment while the dispute continues..but you may have to remind them!

Don't forget to use postal orders, tell your bf NOT to sign the letters, just print his name, and send recorded delivery, saving the receipts.

Shout if they respond in any way. You'll need a scanner or digital camera ready at some stage so we can see the responses/check agreements etc

 

You're good to go...

 

Elsa xx

[PriorityOne]

Personally, I would hold fire on the Subject Access Requests for now.... they won't achieve much at this stage unless they're each sent to the original creditors.... which would cost £30 (£10 each).

 

Part of the CCA request includes a company sending you a Statement of Account along with your valid CCA (if they have one). This is FREE (apart from the small CCA fee).... and seeing as all of these accounts are with debt collectors now, this should provide all the information you need for a fraction of the cost.

 

Once the CCA requests have all been sent (by rec. delivery).... hold back and wait until they contact you again, but have nothing whatsoever to do with any of them over the 'phone. Just hang up... or say "in writing only" and then hang up before they even have a chance to get going.

 

Once they've contact you in writing (with or without a valid CCA), we can then advise you on what your response should be, but it's always in writing and always by rec. delivery.

 

[Lenny1245]

Ok thanks for that very much appreciated

 

L x

[debt4get]

I would pay nothing to them until they come up with the cca's remember you have control over who you pay, not them..ignore their calls dont speak to em

just send out requests and wait for reply...and good luck

[Lenny1245]

Thanks, so we should just cancel standing orders? Sorry for all the questions. x