Lloyds TSB - Wescots and a passed on overdraft debt.

[Elliot2011]

First of all Id like to say I received great help with my council tax and rossendales debt here - and have paid that off and am continuing my complaints procedure against the council and rossendales.

 

Now I want to focus on paying off my non priority debts. The biggest is with Lloyds TSB - I feel I was enticed to take a rather large overdraft from them at quite a young age and have been struggling to pay it back ever since. Foolish of me I know but I know have to try and pay off this debt.

 

I asked them to close my account and sent them a form detailing my other debts - and offered to pay £1 every one or two weeks (cant remember exactly and Im away from where my letters are kept at the moment). I also requested they inform me as to where I should pay the money as my account is inactive.

 

I received no reply - after sending two or three more letters asking where I should pay my debt off still no reply.

 

My mother has now received a letter at her address from Wescots asking me to call and confirm it is me living there and if they hear nothing they will assume the information they hold is correct and will proceed with their process.

 

I have just (one week ago) moved to my mothers for the summer months in the hope of finding employment to earn some money before going back to uni in september. I usually live the other side of the country with no fixed abode - just a postal address at my fathers where I can get mail.

 

I was wondering how to approach this situation? I have no money as of yet - would they use bailiffs? or court action? I own nothing of value apart from course vital equipment (a laptop and speakers as im on a music degree)

 

Is it legal for them just to assume its the correct address if I don't reply? What if they had sent it to an empty house?!?!

 

Also can anybody recommend a (preferably) free company that will help sort out debt payment plans with my creditors so I can start getting myself out of this mess?

 

Regards - Elliot

[BRIGADIER2JCS]

Lets be straight on the use of bailiffs they can only take action after a court has issued judgement and you 1 refuse to pay as ordered

or you default on a payment agreement, debt collectors have no more powers than you.

Go to your nearest CAB they will have details of debt management companies.

It always best if possible to deal with creditors directly if you can.

Assumptions as to what address letters are sent to and if you do or do not live there is simple DCA's will by nature assume that

if you do not reply that you are ignoring them,unless letters are returned unopened as not at this address.

[Elliot2011]

Ah ok thanks for the advice, il go down to CAB tuesday

[harrassed senior]

The CAB are great, but they usually have long waiting lists. There is, in fact most of what they can offer, that can be achieved more quickly with help from this site. Be very careful when chosing a DMC if they want to charge you, then leave well alone.

 

Lets see if we can get you some advice and assistance over this weekend which would mean you are ahead of the game. We need a little more information.

 

Firstly, when was the last payment/actual contact with Lloyds? You say you have sent them letters, did you, by any chance send them recorded so that you have a receipt.

 

With regard to the letter your mother received, to whom was this addressed?

 

They cannot have what you do not have, so try not to worry.

[Undercover-Elsa]

Hi Elliot,

WEll done for sorting out Rossendales. Not nice people to deal with.

As Brig says, no worries about bailiffs unless you have an unpaid CCJ. Even then they can't force their way in. Your equipment would be classed as essential for your course work.

 

If you want to go on a debt management scheme you'll need to provide an address. If your Mum doesn't mind, hers is the obvious one to use as a C/O.

Don't use ANY company that takes a cut out of your payments.

The two main ones, which are free, are PAYPLAN and CCCS. You can get the ball rolling online if you wish...there's loads of info on the websites.

 

Golden rule is NEVER discuss anything with debt collectors on the phone. Keep everything in writing. Tell your mum the same if they ring there.

Have a read of my debt blog in the link below for further info how to handle these sharks.

 

Elsa x

[Elliot2011]

The last time I made payment to lloyds was about three months ago now and the last time I received contact from lloyds was about two months ago - I did indeed send the letters to lloyds recorded delivery but I have lost a folder of correspondence that contained the receipts whilst moving for the summer.

 

The letter was addressed to me but the name was obscured by the envelope so my mother opened it - I was going to be moving to hers for the summer but now I weary as I dont want my mothers address being hassled for me, especially as I am only staying a few months in order to better my financial situation

[Elliot2011]

Thank you Undercover-Elsa - il have a read through. Rossendales are indeed nasty people to deal with and I do feel much better after conquering that hurdle.

 

Now to sort out the rest of my debts and hopefully have a slightly less stressful life!

[harrassed senior]

OK, as Elsa says, you will need to decide upon an address to use. As you are not attempting to 'run away' from this debt (well done for that), then, providing your mum does not mind, you could use her address, making sure that you inform them it is temporary until September when you will return to education and have a different address. Obviously, to protect your mum you will have to inform them when you move, but this should not be a problem as you are not 'running away'.

 

I would send Westclots a 'prove it letter' first, which puts them to proof that they are entitled to your money and you could amend the letter to include the above information, you could also inform them at the same time that all contact must be in writing only and no telephone calls are to be made as it is not your telephone number (should they have it).

 

Obviously, if you feel unable to do this, then as Elsa mentions above there are the two debt management companies she recomends, and you could get their assistance.

[Undercover-Elsa]

How much (roughly) do you think you owe, Elliot?

Wondering if you might qualify for a debt relief order. (Debts under £15000, assets under £300 and disposable monthly income under £50)...a bit like a minibankruptcy, but debts wiped in 12 months. It does stay on your credit record for 6 yrs though, same as CCJ's and Defaults.

[Undercover-Elsa]

Agree with HS though that you need to make them prove anything they say you owe. If you did want to tackle it yourself you'll get lots of help on here.

[Elliot2011]

Thank you harrassed senior - I just dont want my poor mother to be hassled over things that are my responsibility. I had this problem with rossendales acting on behalf of forest heath district council - hassling my father who had recently suffered a stroke. even after being informed in writting and over the phone and face to face with the bailiff that I did not live at his address.

 

I will inform them that it is a temporary contact address only.

 

Thanks for the advice

[Elliot2011]

Oh I owe well bellow that - about £2000 / £2500 in total - about half of that to lloyds. Asset wise my laptop is worth alot but macs are essential to the course (as I can not afford to travel to uni every single day on the off chance of getting to use one of their computers) - again my speakers are worth alot but are vital to the course. Would these things be taken into consideration when applying for a DRO?

 

I was looking at that earlier - not sure how f****d my credit is (probably quite badly anyway) so not sure what the best way to go about things would be. Would it look better if I carry on attempting to pay off the debts I owe rather than opting for that? I would like to be able to get a mortgage later in life

[DDWales]

Hi Elliot

 

Best of luck with things. I am in a similar situation with Lloyds regarding an overdraft. They passed things over to Wetcloths without any notice despite me paying back an agreed amount every month. As advised above, send them the 'prove it' letter letter first and see what they come back with. I did that and made a formal complaint to LLoyds about how they have handled things. Recieved a few letters (and quite a few telephone calls )from Wetcloths threatening doorstep visits etc but sent them the 'doorstep' and 'telephone' letter. They have since disappeared and now things are with Apex...

 

Keep fighting though.

I have alsoSAR'd Llloyds and have found charges-some of £90 a go! That will be part of another letter of complaint to be fired off soon.

 

Having looked at the previous posts-have you SAR'd them? There could be charges on the overdraft!?

[Elliot2011]

I havnt SAR'd them - as Im unaware of what it truly fair charges and what are not. What did you put in the doorstep and telephone letters may I ask?

[ims21]

Hi Elliot

 

Take a look here for some templates about telephone and doorstep

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

Regards

 

ims

[Elliot2011]

Thank you.

[Undercover-Elsa]

Hi Elliot,

In that case I don't think a DRO is suitable.

I think the consensus is to tackle them yourself one by one as they crop up. Make them prove it. Check for anything reclaimable, and set up a low affordable repayment for what's left.

[Elliot2011]

Thanks for the advice guys - really do appreciate it

[harrassed senior]

No probs - we have, for the most part been there, done that, and in some cases got the t shirt (Donkey anyway) sorry, thats' a whole new ball game!!

 

You are to be congratulated that you are not looking for a way out, but a sensible way to make repayments.

 

I assume you are not earning so on benefits? If this is the case even if it went to Court, which I am fairly sure it will not, a Judge would only order a payment of £1 per month. So, after they have proved to your satisfaction that you owe something and not necessarily all that they claim, (see above post re Charges etc). You can offer them as little as £1 per month, they won't accept it, but pay if regularly and they will not have a leg to stand on in Court because you are making the effort to service your debts.

[Elliot2011]

Im not entitled to benefits due to being in full time education.

 

How do I find out where to pay the money to if Lloyds will not tell (as is the case so far) and my account is effectively inactive?

[Elliot2011]

May I ask if the Prove it letter is the letter regarding "a copy of your credit agreement" ?

[ims21]

May I ask if the Prove it letter is the letter regarding "a copy of your credit agreement" ?

 

Of course you can.......no it isn't

 

ims

[Elliot2011]

Whoops dont know how I missed that - iv found the correct letter now. Will post back here when I get a reply.

[Elliot2011]

I have received a reply from Westcots. They have provided the details of the debt and whom it is owed to - they have asked me to provide full payment within 7 working days. and state that if I can not do this I must phone them immediately.

 

I have just started a new job this week - which they I assume are unaware of. This is in the hope to fund myself through the last year of uni due to start in september, but I obviously have my debt responsibilities to deal with as well. With my other debts I can not afford to pay them a great deal of money per month.

 

How do you suggest I respond to their letter? Im waiting to receive SAR back from Lloyds.

[BRIGADIER2JCS]

Tell us a bit more about what you have received today please.