Credit Card Debt Advice Please

[robbo67]

Hi, I am new to this forum and in a week or so's time I am returning from New Zealand. One of the things I need to deal with after several years away is helping a relative with what appears to be a debt being attempted to be collected at the early stages.

 

They have an unpaid credit card bill and for various reasons have been unable to face dialogue with the bank, however as they knew would happen this appears to have been passed to a collection agency called Robinson Way, who have now started texting their mobile phone wanting a call back.

 

I have gone through various thread on here and there is a wealth of information but would appreciate clarity around certain aspects please. Feel free to point me at other threads if I am being silly or duplicating another recent thread.

 

My questions are:

 

 

• Will Robinson Way just be collecting the debt? If so can we still deal with the bank to clear the debt?
  
• I have seen mention about interest charges, late payment fees being something that can be waived or not paid. Is there anything to be aware of around this?
  
• I have also seen mention of not engaging in phone calls with these people and limiting dialogue to letters. Is this correct, and therefore how should we approach these initial texts or should we ignore them for now?
  
• What other advice is there for me in assisting with clearing this debt
  

Many thanks for your help, and sorry for any level of being a bit dumb, it just seems a very complex area of law.

Edited June 18, 2011 by robbo67

[ims21]

Hi, I am new to this forum and ina week or so's time I am returning from New Zealand. One of the things I need to deal with after several years away is helping a relative with what appears to be a debt being attempted to be collected at the early stages.

 

They have an unpaid credit card bill and for various reasons have been unable to face dialogue with the bank, however as they knew would happen this appears to have been passed to a collection agency called Robinson Way, who have now started texting their mobile phone wanting a call back.

 

I have gone through various thread on here and there is a wealth of information but would appreciate clarity around certain aspects please. Feel free to point me at other threads if I am being silly or duplicating another recent thread.

 

My questions are:

 

• Will Robinson Way just be collecting the debt? If so can we still deal with the bank to clear the debt?
  If it were me I would deal with the Original Creditor direct and ignore Robbers Way
   
  
• I have seen mention about interest charges, late payment fees being something that can be waived or not paid. Is there anything to be aware of around this?
  On a Credit Card you can claim all of these charges/fees back with interest at the rate they were charging on the account
   
  
• I have also seen mention of not engaging in phone calls with these people and limiting dialogue to letters. Is this correct, and therefore how should we approach these initial texts or should we ignore them for now?
  Ignore them. They will write eventually if they are interested
   
  
• What other advice is there for me in assisting with clearing this debt
  Start by claiming back the charges as mentioned. Are all of the Card Statements available?
   
  

Many thanks for your help, and sorry for any level of being a bit dumb, it just seems a very complex area of law.

 

Hi robbo

 

Welcome to CAG

 

Please see my views in red

 

When was the last payment or acknowledgement of this debt?

 

ims

[robbo67]

Hey thanks for the quick reply Ims!

 

The last payment I believe was around 6 months ago and was a sizeable chunk, but I believe avoidance has been the order of the day since due to other stresses and strains in life.

 

One of the first things I intend to do is collate and bring together all the letters, documentations etc, so I can understand the level of the situation. I can then go from there.

 

Just to follow up and clarify, you say the charges etc can be claimed back, can you point me at the info around that please? Also, the original debtor can still be approached even after passing it for collection to someone?

 

Thanks again, I never knew this site existed and what a valuable resource it is for people in hard times.

 

Cheers

 

Robbo

[ims21]

Hi Robbo

 

Yes this is a great site and you will get a lot of help and advice.

 

The reason I asked about the last payment was to establish whether this debt might be Statutory Barred. It isn't though so that clears that up.

 

Regarding the charges, all late fees/ overlimit fees are claimed back as they are deemed unlawful. Take a look around the banking forums on this site and you will see what I mean. The banks tend not to cough up without a bit of a fight but it is easily done with a bit of persistence. You also claim back the interest they have charged you on these charges. It starts by getting together all of the statements. If these are not available then a Subject Access Request is sent to the lender and that will yield a complete transaction history on the account (in addition to a load of other stuff) and from that information you can put together a Schedule of Claim and start the reclaim procedure.

 

Finally, always ignore the collection agencies where they are just collecting agents....always deal with the Original Creditor.

 

By the way....who is the card company concerned here?

 

Regards

 

ims

[robbo67]

Hi Ims,

 

I am not sure who the company is for certain, I think it is the Halifax.

 

Cheers

 

Robbo

[ims21]

Hi Ims,

 

I am not sure who the company is for certain, I think it is the Halifax.

 

Cheers

 

Robbo

 

Ok Robbo...just wondered.

 

Just shout when you have further queries

 

ims

[dx100uk]

i would think their cra file will confirm things

 

get reclaiming!

 

dx

[ims21]

i would think their cra file will confirm things

 

get reclaiming!

 

dx

 

For sure

 

ims

[robbo67]

CRA file??

[cerberusalert]

CRA file??

 

Credit Reference Agency.

 

There will probably be a default registered by the original creditor.

[Tingy]

The Halifax are not known as being the easiest bank to deal with. As you know the charges need reclaiming and you also know to avoid phone calls - if they become a real nuisance they can send the Telephone Harassment letter which should put a stop to the calls.

 

I agree it's best to deal with the original creditor. Was there a reason for them stopping paying such as a change in circumstances? It is very common for people in the early stages of debt to bury their heads in the sand and try to pretend they will go away. However they are actually at the very best time to sort it out before it spirals out of control.

They really need persuading to write to the bank (keep everything in writing for the avoidance of doubt, then everyone knows what has been said) explaining why they have hit difficulties and asking for help. They can ask for all charges and interest to be stopped; it would also help them if they filled in an income / expenditure form so they know exactly how much disposable income they have. They can then make a sensible repayment offer to the Halifax.

 

Please don't let them be disheartened if Halifax refuse everything to start with, as I said they are not the easiest to deal with. If they do refuse, post up again and we'll sort out a letter that will hopefully make them listen a little more.

[robbo67]

Thanks all. Yes it is a case of burying the head in the sand, and hence my involvement because they cannot face dealing as yet and I know they need to deal with it, before it gets poisonous.

 

How are the best ways to get the CRA file?

Edited June 19, 2011 by robbo67

[ims21]

Hi robbo

 

The cra file can be done online with Equifax or Experian who both offer a free one month sub. Be sure to cancel the sub before 30 days are up otherwise they charge from then on

 

ims

[robbo67]

Sorry for the dumb questions but does each company show the same information or is one better than the other in some way?

[ims21]

You'll get what you need from either.

 

There is another one as well, Credit Expert

 

Doesn't really matter which one you choose

 

ims

[Tingy]

They may all show different info (sorry ims21). You can certainly get one and possibly 2 free as long as you remember to cancel the subscription. Alternatively you can pay each £2 and just ask for them.

[ims21]

They may all show different info (sorry ims21). You can certainly get one and possibly 2 free as long as you remember to cancel the subscription. Alternatively you can pay each £2 and just ask for them.

 

 

I stand corrected

 

ims

[Tingy]

You should be right in theory, but in reality they may or may not show the same. Don't ask me why - I don't know!

[cerberusalert]

Don't ask me why - I don't know!

Because different creditors use different CRAs. Some may report it to one or two others all three.

[ims21]

Because different creditors use different CRAs. Some may report it to one or two others all three.

 

It does rather beg the obvious question that given an individual's file can be so important for a number of reasons, why is there no unified system whereby what you see is what it is, regardless of which door you look through?

 

I don't have the answer...maybe others do?

 

ims

[BRIGADIER2JCS]

Often I have found different data showing on one debt on all 3 main agencies including different default dates.

[robbo67]

Hi all, so after being back a little while now, I have gained some basic facts. Robinson Way now appear to have given up trying to recover the debt on behalf of the Hailfax and have now handed the debt over to another company called Horwich Farrelly.

 

On all the letters there is a consistent 'headline' figure regarding the outstanding amount, however there is no breakdown and it is believed to have been inflated, possibly by charges and interest etc.

 

Bearing in mind we want to resolve this via a payment plan with the Halifax direct, how is the best way to pursue this? Are there any template letters? I also assume that we will request a full itemised breakdown of that amount, which in turn will allow us to reclaim any interest/charges?

 

As always, all good advice appreciated.

 

Thanks

[ims21]

Hi robbo

 

Welcome back to the UK

 

What I would do is drop a line to Halifax and inform them of the change in financial circumstances and if there is hardship ask them to freeze interest. You can also advise them what amount can easily be paid on a monthly basis and set up a standing order for that amount direct to Halifax.

 

I would also send a SAR to them as in a previous post. This will yield full details on the account and from the information you get back you will be able to establish the late payment fees etc applied to the account. You can claim these back plus interest. The SAR will cost £10 and they will have 40 days to comply. Template for SAR iis in the CAG library, the link to which is at the top of every CAG page.

 

Regards

 

ims

[BRIGADIER2JCS]

Have you at any point done a SAR to Halifax so that

you get all the data they hold on the account?

[robbo67]

No as only just got my hands on things like an account reference. What is a SAR? Can see you are going to have to go gentle with me here