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Indebtedness

What is the best thing to do?

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I would be really grateful if anybody could give me some advice on a matter that has troubled me deeply for the past few years, i have buried my head in the sand for long enough and it just isnt going away.

 

In 2004 something bad happened to me as a result i couldnt work and couldnt pay my loan and credit card with Lloyds tsb, i initially asked them to give me a reprieve for a couple of months but they blankly refused, as a result it all spiralled out of control and my bank account got frozen and i was getting all sorts of calls and letters from them that i literally had a nervous breakdown. After a couple of months i went to the citizens advice and they sorted out a payment plan. That should have been the end of that but nearly a year on i through my own stupidity i stopped paying, i moved and started a fresh and just ignored these old debts everytime i thought of them i just got filled with anxiety. I received a few letters from a couple of different debt collecting agencies which i just binned and they eventually stopped sending them.

 

I received a letter this morning from a company called Activ kapital who have now taken on the debt or some of it i am not sure as the amount (£4,728.26)isnt an amount i remember. Now i really need and want to sort this out and dont know the best way to approach it.

 

My situation is i live with my partner and now have two babies under 2 i dont work as i look after my children, so have no money to pay them.

 

I would appreciate if if anyone could give me some advice on how i should go about this please.

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if it early 2004 then not long till its statue barred and they can do nothing to you! [6 yrs] that is if you have paid/received nothing since 2004.

 

6mts more ain't gonna hurt!

 

else its the prove it letter, but i'd keep quiet!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks for the quick reply.

 

The last payment i made was to Lloyds tsb themselves about june/july 2005 so its been four years without any contact.

 

If i sent a letter asking them to prove are they likely to prove it and what do they need to prove it do you know?

Edited by Indebtedness

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they will have a payment record of it and if you they can prove you are living at your current address, then its six years from the last time they contacted you. If it way that upsetting to you before then i would say you need to sort it. If you had access to any monies you could offer them a one off payment usually about 1/3 of what you owe, but generally as long as it compares to what they would get if you went bankrupt then they will probably accept it. If you cant get a lump sum then complete an income and expenditure form and as long as it complies with the CCS guidlines then they probably accept the payment offered to them. If they dont then send the payment anyway as they are obliged to accept it and then if they do try and take court action against you then you have a record of making an attempt to pay and my guess would be that they woudl get no-where! lloyds are sods, i used to bank with them myself and they can be v nasty., If you need anything else let me know. I can give you the CCCS guidlines if you need them.

 

Take care and dont let it get you down.

Debbie

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I received a letter this morning from a company called Activ kapital who have now taken on the debt or some of it i am not sure as the amount (£4,728.26)isnt an amount i remember. Now
Send Aktiv a CCA request for each a/c including a £1 postal order for each, send it recorded delivery; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter When you get them back, scan them, remove identifying details and post them up and we'll advise from there. Start a new thread for each one.

 

Send a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to the original creditor. They have to send back all the information they hold on you which includes all the a/cs you have with them. This will include copies of your statements from which you'll be able to determine what unfair charges have been made which you can reclaim thus reducing the debt. Also it will show what the debt was and if Aktiv have added any unlawful charges. This will cost £10 & they have 40 days to comply to your request.


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Thank you for your replies, i will send the above letters and see what happens.

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