I need to help my mum Debt Management Plan

[imrantahir]

Hello People,

 

I am new to this forum and my understanding of the laws revolving debt is very minimal.

I would appreciate your help, its not for me but for my mother.

 

My mother aged 56, has her own house as a result of the divorce.

 

 

My mother suffers from depression, anxiety, panic attacks and has spent some time in hospital

due to mental health issues where she received shock treatments.

 

Now I don't understand how the banks have managed to give her loans equating to nearly £50,000

when she has no income apart from her DLA and she has a history of mental health issues.

 

 

My mother has always had the ability to spend money with out thinking

and has lost thousands because of her behavioural issues.

 

 

I my self have had to spend my life working to pay off her debts.

At the moment my mothers debt equates to around £27,000 this is from one unsecured loan and several credit cards.

 

It has been some time now my mother has been in an agreement with 1st credit for the loans

which has resulted in making life slightly easier.

 

 

I was paying £750 per month just to pay the interest on her on loans.

I then had her put in to a debt management plan with a company called Pay plan

who have reduced her payments significantly and more manageable.

 

My mum has been in the DMP a couple of years now and has made regular payments

and is feeling a lot less stressed thankfully as am I.

 

 

We have today received a letter from 1st credit who have made us an offer of paying off 40% of the total of

£12,550 = £5020.01 but the offer is only valid till December

and then If we were to pay in January we would write off 30%, feb 20%, March 10%.

 

I need help with this, what are my options?

should I pay them off?

should I make them an offer?

should I just continue making minimum payments as I am doing now?

will I ever have the opportunity of writing off a 100% of her debt?

do I have any other alternatives?

 

I was told that my options are limited as mum owns her house with some equity in the house,

the value of the house is probably £100,000 with a £30,000 mortgage

which was again spent by mum and given to thieves who leached off her.

 

 

She did have a cash house but being gullible and silly she gave a friend some money who we have never seen again,

she spent some on the house to make improvements 10 years ago.

 

All help, if any would be appreciated.... Any advice?

[rebel11]

Hi Imran

 

Welcome to CAG

 

You'll get good advice here, I've asked for the post to be moved.

[imrantahir]

Hello Rebel,

 

 

Thanks Rebel

[ims21]

Thread moved to Debt Management and Self Help forum

[imrantahir]

Hello Ims

Thanks Ims

[dx100uk]

if 1st credit are offering a discount

 

 

that means there is something WRONG with the debt total.

 

 

what was the loan all about and who was the original creditor?

 

 

as with all loans/credit card debt etc

you should always fire off a CCA request to whomever is after money

 

 

and get an SAR off to the original creditor

to get copies of all the statements.

 

 

if could be she has PPI or penalty charges to reclaim here

and this is the discount being offered.

 

 

might pay you to get her credit file too

 

 

dx

[rebel11]

Hi imran

 

Here are the guidelines on debt collection, Debt Collection Guidance - Office of Fair Trading

 

Because of your mums illnesses, the debt collectors need to tread carefully.

 

Do as DX suggested, send the CCA requests, claim back credit card charges and PPI.

Set up a folder to manage the paper trail.

[imrantahir]

hello dx100uk

thank you for your quick response

 

the original debt was with OPUS balance remaining £12550.02

 

Whom do I ask for a CCA request and what is it?

 

Same goes for the SAR?

 

I will ask for them so long as I know who I am meant to be asking

 

I think she has PPI but have never tried to reclaim it as we were told that she cant claim it back due to her DMP in place,

will this show on the CCA/SAR???

 

by credit file do you mean her credit report?

 

I will get one from Experian asap,

need to sit with my mum this weekend and get these sorted out.

 

You got me going now mate, may be there is still hope???

 

 

Thanks again for your quick responses

[imrantahir]

rebel11 / Dx

 

 

Thank you,

see I didn't even know what these things were and that they were tools that we are allowed to use.

 

 

I will be reading over it this weekend and get the letters in the post on Monday.

 

I have a starting point now and I will get here credit report and let you know what it says

 

 

Thanks

[BRIGADIER2JCS]

This stinks of irresponsible lending you need to get as much history on these accounts as possible.

 

Your mother or you if possible must get copies of her credit files from at least to credit reference agencies asap.

 

Experian and Equifax have 30 day free trials there is also Noddle which is a free off shoot of Call Credit.

[dx100uk]

cca goes to whom you are currently paying.

 

 

as for the sar it'll goto to citi/opus

 

 

now that's a tangled web

 

 

opus bought some of their debts out

 

 

and mostly we find they don't have the paperwork

nor were legally assigned the debt in the first place

 

 

so they sold it on to 1st credit

 

 

and she fell for the threat-o-grams and phonecalls...

 

 

sadly I think you'll find she has been badly cash cowed here.

 

 

dx

[imrantahir]

Right finally my mum returned from her treks and has had time to sit with me to go through her personal stuff, she was very reluctant as usual and finds it hard to release personal information.

 

 

Anyway I tried to get her an Experian credit report and could not as they require a credit card to confirm identity. She has no credit card...

I resorted to getting a report from noddle which stated the following:

 

 

1. Lombard Direct - £5319 defaulted current balance : £4995 - default date 05/04/2012

2. 1st Credit LTD - £13,180 currently : £12550 (this was a credit card or a bank loan) - default date 31/08/2012

3. Barclays Bank - £8663 defaulted, currently £8663 - default date 24/02/2012

4. Barclays Bank - £8512 defaulted, currently £8512 - default date ?

The rest of the balances were £0 and it also shows her Motgage status.

 

 

Total Debt equates to £35674 total remaining is £34720

I feel like I just hit a wall, I have paid my mums debts off before, here I am again. Feel a little lost right now.

 

 

A few questions... I was misunderstood that she had Citi/Opus account, may be it is the one that 1st credit have taken out???

 

 

1. is there any chance noddle missed anyone out? I have asked Payplan for a copy of people we are paying at the moment with the full amounts.

 

 

2. Next steps?

Send CCA to Payplan? Where can I get a CCA / SAR

Send SAR to original creditors? which I will confirm with mum.

 

 

3. Any other advice?

 

 

I sincerely appreciate all your guidance and I am very grateful for all of you trying to help.

Let me take this opportunity to wish you all a Merry Xmas & a Happy New Year

 

 

Thanks

Edited December 20, 2013 by imrantahir

[dx100uk]

can you add the default dates please

 

no good cca request to payplan

 

al the 4 above

 

do a cca request to each.

 

are 3/4 the same thing?

 

dx

[imrantahir]

hello dx100uk

 

 

default dates added in above

 

 

3 and 4 I believe are different as they have different account numbers and have different starting amounts, same bank providing the loans on the same day

[dx100uk]

really 2 the same day? that's strange ...irresponsible lending - think brigs right

 

dx

[imrantahir]

I agree its irresponsible lending on behalf of the lender, at the same time I cant defend my mum for taking out the loans. Either way I know she cant afford these loans, has nothing to show for it on top of this she had taken out money against her house which leave me with mortgage repayments to fulfil as well. I have no choice but to try and sort this mess out for her.

 

 

dx100uk, I will send cca request out to each of the people she owes money too, do I need to send anything else as well? where do I get the addresses from to forward the cca on to?

[dx100uk]

well blank £1 Postal orders.

 

there should be a forum for each of the named banks etc off the main forum tab top left

 

in each of the bank forums you'll find contact details in the red/yellow stickies at the top [threads]

[imrantahir]

Hello Crew,

I apologise I have not been back on for a while...

 

I have prepared the SAR and CCA to go out to the 4 lenders.

 

I am unsure if I need to send SAR to Barclays / Lombard / 1st credit.

 

Will I be required to send 2 CCA/SAR to Barclays, one for each account?

 

Anyone help with the correct address,

I had a look at the stickies and there are several addresses in there.

I don't want to send it to the wrong department and prolong things further.

 

I appreciate your help.

 

I went and got an Equifax Report as well which confirmed the amount of debt

and lenders that the debt was with,

noddle was correct.

Thanks folks

[BRIGADIER2JCS]

Hi

 

CCA request to the DCA currently chasing the debt.

 

SAR to the original creditor ( A DCA has only limited dated from when the acquired the debt.

 

1 CCA for each account.

 

1 SAR for all accounts held by one creditor.

 

 

Just run the particular companies name via google or any other browser for head office addresses (avoid PO Box No.s if possible)

 

SARs are best sent recorded signed for post addressed to the companies Data Controller, check date delivered the 40 day time scale starts then..

[imrantahir]

Thank you for your reply,

I apologise for my ignorance but I am confused with the SAR,

I am unsure whom I send this too!

 

So ok as follows a break down

 

 

1. Lombard Direct - £5319 defaulted current balance : £4995 - default date 05/04/2012

 

SEND THEM A CCA REQUEST TO THIS ADDRESS:

Registered Address

C/O The Royal Bank Of Scotland Plc

Lombard House

339 Southbury Road Enfield

Middlesex

EN1 1TW

 

FOR LOMBARD DIRECT WHO DO I SEND THE SAR TO?

 

2. FIRST CREDIT LTD - £13,180 currently : £12550 (this was a credit card or a bank loan) - default date 31/08/2012

 

SEND A CCA REQUEST TO:

1st Credit Limited

The Omnibus Building

Lesbourne Road

Reigate

Surrey

RH2 7JP

 

Again where does the SAR go?

 

3. BarclaysBank - £8663 defaulted, currently £8663 - default date 24/02/2012

SEND THE CCA TO:

The Company Secretary

Barclays Bank plc

1 Churchill Place

London

E14 5HP

AGAIN WHO GETS THE SAR?

 

4. Barclays Bank - £8512 defaulted, currently £8512 - default date ?

 

SEND THE CCA TO BUT WHERE DOES THE SAR GO TO?

The Company Secretary

Barclays Bank plc

1 Churchill Place

London

E14 5HP

 

I appreciate your help and apologise for my lack of understanding the financial market and the way it works,

 

I do know this much that I disagree with credit, through credit debt is unavoidable,

keep the public in debt and the profits through interest make the banks fatter. This is why the poor get poorer.

Live off what you make, live without credit as I have learnt through my mum.

 

I only spend what I have but yet I am paying off credit for my mum.

Its so annoying that she is someone that is gullible and any sensible person would see that mentally she is not all there,

so how can a bank give her loans and credit cards?

 

just because she has a house which she got through her divorce?

it breaks my heart to see her in this situation and yes she is to blame for signing up to it but the lenders,

should not have given her the credit,

these loans are not secured to the house or anything,

nor does she have an income apart from her disability benefits

so how did they work out what she can pay back a month?

 

She was paying around £700-800 a month,

she doesn't even get that much in her benefits,

and taking into consideration her living expenses as well

she would not have lasted long in her depressive state,

she would have ended up doing something to her self.

 

I am so relieved that she is in this DMP at the moment

which allows her to live a bit more peacefully

but obviously she is still aware of this massive amount lingering over her

and I want to get this sorted out thorugh the correct channels.

Sorry about the rant.

[dx100uk]

1 same address

2. who was the original creditor?

3.Privacy and data Protection

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

Tel: +44 (0) 1565 614000

Fax: +44 (0) 1565 613583

for both CCA & SAR.

4.as above

[you only need ONE SAR]

[imrantahir]

Final few Questions kind people and

I know it is taking me a bit of time to compose and generate these letters

but I have been preoccupied with work

so I do apologise for the of time it is taking to get them out.

 

 

How do I find out who was the original creditor for the credit owed to First Direct?

I know ask my mum, but I know her memory and she doesn't remember.

 

 

Thank you for your replies dx100uk,

just to confirm

 

 

Number 1 both SAR and CCA go to the one address, but enveloped separately?

Number 2 Need to find the original creditor?

Number 3 thank you for the address for both SAR and CCA

Number 4 are you saying only send a CCA ?

 

Thnaks again

[dx100uk]

Final few Questions kind people and

I know it is taking me a bit of time to compose and generate these letters

but I have been preoccupied with work

so I do apologise for the of time it is taking to get them out.

 

 

How do I find out who was the original creditor for the credit owed to First Direct? - 1st credit you mean - send them a CCA

I know ask my mum, but I know her memory and she doesn't remember.

 

 

Thank you for your replies dx100uk,

just to confirm

 

 

Number 1 both SAR and CCA go to the one address, but enveloped separately? yes

Number 2 Need to find the original creditor? - send cca to whom she pays now

Number 3 thank you for the address for both SAR and CCA

Number 4 are you saying only send a CCA ? - if its a bank account you cant CCA

 

you are already sending an sar no need to repeat it.

 

 

Thnaks again

 

dx

[BRIGADIER2JCS]

First Direct (HSBC) online banking. Or 1st Credit of Reigate Surrey debt purchasers and collectors.

How much is owed?

[imrantahir]

hello dx, that's a quick reply...

 

 

looking through the credit report it says

First Credit - "Credit Card from 1st Credit LTD" - £12460

Barclays - £8633 says its a loan account ending in 6075

Barclays - £8215 says its a loan account ending in 0209

Lombard - £4959 Credit Card / MasterCard

 

 

So for !st Credit I send a CCA to :

1st Credit Limited

The Omnibus Building

Lesbourne Road

Reigate

Surrey

RH2 7JP

 

 

Thanks