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Dealing with my fathers debt


Matt.
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Hi all,

 

A little bit of advice if possible.

 

My father owes £35k and has been with Payplan since 2007 (defaults didnt started until 2008 for some unknown reason) -

 

The below is a breakdown of the debts

 

Apex Credit Management - £ 6,808.70

 

Apex Credit Management - £ 4,617.89

 

Barclays Bank Plc - £ 2,271.87

 

Cabot Financial (Europe) £977.84

 

Lewis Group £12,710.39

 

Link Financial Ltd £4,695.86

 

Moorcroft Group Plc £1,237.10

 

Natwest/RBS £2,240.07

 

My father has just hit 65 - he still works full time however his income is all taken with day to day life and payplan.

 

My father is of poor health but is eager to work for another 3 years before calling it time on his career.

 

However he has just received a lump of around £6k from his pension and has also deferred on his OAP pension.

 

He has thought of keeping this £6k and also next years £6k to try and work a full and final settlement for all his debts with £12k.

 

Is this realistic ??

 

Also are the creditors able to get there hands on his oap pension if say they called time on one of the debts...there are a few large ones there.

 

Thanks for reading

 

Matt

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hi welcome aboard the cag ship.

 

no debt management plan provider ever questions if these debts are LEGALLY owed

 

sorry to say

but that list contains many companies that are well known for cash cowing people.

 

firstly

get a copy of his credit file [see links below]

match any debt that shows against that list.

 

those that do not show

 

fire then off a CCA request.

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

CCA request

..................

 

 

within 12+2 working days them MUST comply with a copy of the signed agreement

or

what they interpret to be 'a true copy or reconstruction' of what it might have been.

 

if they don't , you STOP paying them.

to be truthful if this was MY FATHER

 

I would be cancelling the DMP tomorrow

and dealing with the debts one by one as they COMPLY with each CCA request.

[start a new thread for each debt as the paperwork does or does not roll in.

 

there is no harm in sending a CCA request to EVERY creditor he pays through PP

[though bank accounts are not covered directly by a cca request]

 

hope this helps

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just a quick update when checking with Noodle Credit File

 

Hi all,

 

A little bit of advice if possible.

 

My father owes £35k and has been with Payplan since 2007 (defaults didnt started until 2008 for some unknown reason) -

 

The below is a breakdown of the debts

 

Apex Credit Management - £ 6,808.70 - No Record on Noodle in the open or closed section

 

Apex Credit Management - £ 4,617.89 No Record on Noodle in the open or closed section

Barclays Bank Plc - £ 2,271.87 Listed

 

Cabot Financial (Europe) £977.84 Listed

 

Lewis Group £12,710.39 Listed but as CI Finance

 

Link Financial Ltd £4,695.86 Listed

 

Moorcroft Group Plc £1,237.10 Listed as Hillesden

 

Natwest/RBS £2,240.07 No Record on Noodle in the open or closed section

 

My father has just hit 65 - he still works full time however his income is all taken with day to day life and payplan.

 

My father is of poor health but is eager to work for another 3 years before calling it time on his career.

 

However he has just received a lump of around £6k from his pension and has also deferred on his OAP pension.

 

He has thought of keeping this £6k and also next years £6k to try and work a full and final settlement for all his debts with £12k.

 

Is this realistic ??

 

Also are the creditors able to get there hands on his oap pension if say they called time on one of the debts...there are a few large ones there.

 

Thanks for reading

 

Matt

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blimey a link debt showing!! that's rare!!

 

cca request time on the lot I suspect.

 

just for your ref

 

just 'because' a debt does not show

it does not mean its not correctly being paid

 

when a debt is defaulted, it will show for6yrs from that date then be removed.

 

if/if not its liable is for the result of a CCA request enquiry.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Mat, there are a lot of accounts in your list that appear to have been assigned (sold to 3rd party DCAs). Do you know who the original Creditors were please :)

 

Barclays and Nat West are the only 2 which are still with the original creditors.

 

Do you also have any idea if interest is still being added to these accounts ?

 

Or if there was any Payment Protection Insurance on any of the accounts.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Apex is Barclaycard, Cabot is Argos, Lewis Group is halifax Credit card,

 

Not 100% sure on the other two but can find out, I think its Egg.

 

The only interest that is being added is by Natwest, despite numerous request they will not stop adding it.

 

As for PPI there is nothing as he never took out insurance.

 

Thanks

 

Matt

Hi all,

 

A little bit of advice if possible.

 

My father owes £35k and has been with Payplan since 2007 (defaults didnt started until 2008 for some unknown reason) -

 

The below is a breakdown of the debts

 

Apex Credit Management - £ 6,808.70

 

Apex Credit Management - £ 4,617.89

 

Barclays Bank Plc - £ 2,271.87

 

Cabot Financial (Europe) £977.84

 

Lewis Group £12,710.39

 

Link Financial Ltd £4,695.86

 

Moorcroft Group Plc £1,237.10

 

Natwest/RBS £2,240.07

 

My father has just hit 65 - he still works full time however his income is all taken with day to day life and payplan.

 

My father is of poor health but is eager to work for another 3 years before calling it time on his career.

 

However he has just received a lump of around £6k from his pension and has also deferred on his OAP pension.

 

He has thought of keeping this £6k and also next years £6k to try and work a full and final settlement for all his debts with £12k.

 

Is this realistic ??

 

Also are the creditors able to get there hands on his oap pension if say they called time on one of the debts...there are a few large ones there.

 

Thanks for reading

 

Matt

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Hi Matt, how much info do you have on all these account please, any statements defaults, assignments anything? if so pick the oldest of the bunch and post up as much as you can and take out all your personal details, if you don't have much it is best to get this by way of CCA requests and SAR's all the letters are in the library at the top of the page. Before considering a full and final get the information that you need to make that decision as you may not owe as much as you think you do. Why throw good money away when you might not have to?

 

Because you state that most were pre 2007, and the OC's may not still have the signed credit agreement, which opens up ways for you to deal with better. please advise if this is possible so the whole story can come across in an easier way to understand the fuller picture, it may also pay you to start a thread in the relevant forums for each debt with as much detail as possible for better advise, Hope this helps you in the end, but you have to start with the first one and then before long its all sorted out, but trust me the work will be hard but worth while. But you can also add links to each of them so you can keep your eye on all of them.

 

The cost is negligible for getting this info a CCA request is just £1-00 they have 12+2 days to provide, a SAR (Subject Access Request) is a tenner that way you get all the info in one go this one they have to deal with in 40 days and have to provide all details regarding the account from the incept of the agreement until the end, so yo will receive a lot of info that may be hard to understand, but that's why we are here, to help YOU.

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi All,

 

Apols for the delay in coming back to you all....have been away all weekend.

 

Will obtain the information over the next few days as have a mixture of uni work and job to do.

 

Re the SAR will I need to send this to the original creditor or to the DCA ?

 

Cheers

 

Matt

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SAR needs to be sent to the Original Creditor, Matt :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Going off slightly at a tangent

- in your original email you state that your father is in poor health but has deferred his state pension.

 

Can I ask the reasoning behind this ?

 

From what you have said this money would benefit him now and if he is in ill health there is a strong possibility he would receive more money

over his retirement by taking the pension now, even allowing for the effect of taxation whilst he remains in work.

 

I would be strongly tempted to look at this again if the main reason for deferral is to keep it out of the hands of his creditors.

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Yes, he struggles a lot with mobility however works full time so does not currently financially need his pension hence deferring it.

 

It is to keep out the hands of his creditors, also due to his mobility and size he needs to change his car soon - he failed to obtain any assistance from the DDA and can not get credit so needs to finance the vehicle in cash.

 

If his creditors find out re the extra money they will ask for more through his payplan account.

 

My father has recently moved into a bungalow so he is currently trying to find the paperwork from the original defaults etc...If he can not find the paperwork by monday I will send off a SAR request to all creditors.

 

Cheers

 

Matt

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  • 2 weeks later...

Ok, bit of an update SAR sent to original creditors..

 

The bit I am a little lost is this...." I do not acknowledge any debt with your Company or Associates"

 

Techinally I cant see how this can be considering that my father has been paying them for nearly 6 years.

 

What are the next steps when I receive a reply please ?

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Yes, you cant really say that you are not acknowledging the debt after 6 years.

 

What letter are you attempting to send ?

 

Because you wouldn't be using that statement on a Subject Access Request ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 year later...

Hi Guys,

 

Never actually got around to doing anything with this one...time my own health and other things got in the way....

 

So I start again and require help if possible.

 

I am about to send of CCA's to all the creditors, there are 6 credit accounts and two bank accounts.

 

I have checked all the accounts and despite all being opened pre 2007 all were transfered to payplan august 2007. with the default following pretty much straight away after.

 

I have checked my dads credit file and all defaults are now off his credit file.

 

In my first post I stated that his outstanding was £35k this has since risen to £37.5k after natwest chucked a load of charges and interest on.

 

My father has access to around £11/12k so is looking to use this for a full and final settlement...

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so the debts should now not be showing on any cra file at all then?

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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prob is on many yes.

 

 

Apex Credit Management - £ 6,808.70 - CCA request

Apex Credit Management - £ 4,617.89 CCA request

 

 

Barclayslink3.gif Bank Plc - £ 2,271.87

 

Cabot Financial (Europe) £977.84 CCA request

 

Lewis Group £12,710.39 CCA request

 

Link Financial Ltd £4,695.86 CCA request

 

Moorcroft Group Plc £1,237.10 CCA request

 

Natwestlink3.gif/RBSlink3.gif £2,240.07 CCA request

 

 

 

if any of the above are bank or mobile debts you cant CCa

and sar to the banks might help mind inplace

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well lets deal with the F&F's later

the debt is not harming him so the least of his worries..

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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12+2 working day from when you pop each one in the post.

 

 

I would suspect most wont have anything and wriggle.

 

 

once a few fail the test

 

 

I'd be cancelling the PP DMP

and deal with the remaining [enforceable] debts yourself.

 

 

DONT go wasting that pot he has

 

 

lets save him that money!!

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This will be ok to use wont it DX ?

 

[template removed]

Edited by dx100uk
please dont publish our templates in the open forum - dx
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simply click CCA request

 

 

then read all the other posts in the CCa thread

adapt it as necessary.

 

 

you don't need to add anything or change anything

 

 

simply add the A/C number atc atc you want to the CCa for

and adapt the section 77/8/9 bit

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To clarify for the credit cards I should send this ?

 

[TEMPLATE REMOVED]

please do not post our templates In the open forum

read the thread warning.

 

 

dx

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