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    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
    • Susan Crichton is at the Inquiry today. She seems to have trouble remembering a lot of things but seems to find it easier if it's something that shows her in a good light.
    • Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
    • That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one  would give what he said, any credence. The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse!  I wish my Fiancé would have bought from them rather than H Samuel! Do you think we do need to get another report from and NJA accredited Jeweller ?
    • Really pleased that you won. UKPC know that you have supremacy of contract but still they persist because so many motorists blindly pay them.   Muppets.
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Debt over 6 years and still paying


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Hi there.

 

I have been continuing paying my debts for over 6 years through the CCCS. I am aware that I have a duty to pay off my debt, but I thought that after 6 years the creditor will have lost his right to sue for the remaining balance.

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Hi

I think you have the wrong end of the stick. You are thinking of Statute Barred where NO payment nor acknowledgement of a debt has been made in the prceeding 6 years (or 5 in Scotland)

 

Even by paying the very minimum, you are resetting the SB clock and with that they also retain the right to sue

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What sort of debt is it?

Are there any charges you could reclaim?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I can't go bankrupt as they would go for my house. Is there any other way of ending this nightmare?

 

Without giving us some details we can't help much

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I owed over £27K 7 years ago to various creditors, joined CCCS they worked out a repayment plan and I've been paying £125.00 per month since. I own a house that has equity in the house but I have no other savings. I am still working. What other details would you like?

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That's fine thanks

 

If any on those debts are overdraft debts this advice does not apply

 

For the other debts that may be loans/credit cards/hp agreements, do you know if you have paid any late payment/overlimit fees/ Payment protection insurance.

 

If so we can help get them refunded (the PPI if it was mis-sold)

 

If you don't know or haven't got all your statements, it would be worth sending each creditor a Subject Access Request. OK, they cost a tenner each but you never know what juicy information they would bring back.

 

With CCCS, did the creditors agree to freeze interest and charges?

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Most of these debts have been taken over by debt collection agencies, so if I ask for a subject access request it's not going to reveal any history before the agencies took them over. Or am I wrong in the assumption?

As far as I am aware the interest charges have been frozen.

 

Just one other thing, if I was to offer a full and final settlement, would I be right in assuming they would not agree as I have equity in my house?

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If you send a SAR, you would send it to the original creditor not the debt collector. When they get assigned or buy the debt, they get very little info so it's pointless sending them a SAR.

 

CCCS should be able to tell you if the interest has been frozen or not.

 

I hold no respect for DCA's but they sometimes have their uses. When they buy debts, they pay significantly less than the true value of the debt and try to collect the full amount. Some of them are quite happy to accept a F&F, some will be awkward.

 

Until you know where you stand in regard to fees charged, I suggest you carry on paying.

If the creditors have added charges on that you have paid, you can reclaim them with interest and while it may not clear your debts, it could significantly reduce them

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you for the advice. As you say, it's not going to clear the debt but it might reduce it.

 

Regarding the DCAs, they have been happy to collect my monthly payments through the CCCS. If I was to make a F&F, could I be stirring up a hornets nest as they would then realise they could take a charge on my house in case anything happens to me or if I stop making payments?

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For anyone to put a charge on your property, it must first go to court. You are paying! They shouldn't go near a court. Some would welcome the F&F as it means less paperwork and more profit

 

If they did go to court and got judgement against you, the judge would order you to pay what he (or she) thought was a fitting sum. this might not be as much as you are paying now. If you failed to pay the judgement, they could go back to court and get a charging order.

 

You are not rocking the boat, just exercising you LEGAL rights

 

If you were to offer a F&F, make sure they are aware it is from a third party :wink:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 2 weeks later...

Now I am totally confused!

I've just downloaded my credit report from Equifax and it shows only 3 defaults. There is no mention of Egg Loan or Egg Card or a debt of £7K I owe to First direct which is currently paid to CL Finance. Egg Loan, Moorcroft and CL Finance make up £16K of the £22K I owe to my creditors. Should I still write to Egg and Moorcroft?

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Some defaults may be over 6 years old and as such have fell off your file even though you are still paying

 

What defaults are still showing?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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You are right. The other 3 defaults I have are in 2005 and 2008. So my concern is if I send an SAR and a CCA to Egg and Moorcroft, can they reinstate the defaults on to my file even though the defaults are over 6 years. I am particularly concerned about Arrow because as far as they are concerned this is a new debt and they could register it as a new debt. Or am I wrong?

 

The other thing that I can't understand is what is technically called 'Credit Rating'. Experian have rated me 'Good' with a score of 900, yet Equifax who show the exact same information as Experian, rated me 'Very Poor' with a score of 292. Can you understand this?

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  • 4 weeks later...

If you stop paying they can only send threats. They cannot go to court without the paperwork. If you want to make a F&F I'd hang fire. If you decide to stop paying they will spend a few months chasing you and then they will offer you a reduced settlement. Whilst you are paying, a F&F is not attractive to them unless it's a big percentage. It is possible to get a 80 or 90% reduction in time and meanwhile they cannot trash your credit file. Think about it, with no paperwork they are up dicky's meadow if you choose to play it that way.

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