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    • I'm on happy pills (anti depressants) but they aren't cutting the mustard anymore and I do need to see my GP soon to see if he can help in anyway. With regards to gambling it's so complicated; through my life I have made money (as well as having had some jobs)  being a "professional gambler" (gambling where the odds are in your favour - think card counting for example, fruit machines years ago for a long time.... Other things.) But I've also been totally compulsive at the same time. It;'s so entrenched in my psyche that it's hard to imagine just giving it up totally. I also have drug issues that have plagued me and it's a shame because I am fairly intelligent and could have been successful in life in theory but mainly due to those two things (and not really having any drive, ambition, whatever... I could go on and on but this isn't a therapy forum :P) I've not managed to. I'm 36 by the way. Cheers
    • Oh I just remembered I have a long defaulted account with Halifax balance approx £3700 I believe (from around 2015) but they aren't chasing me for it or anything. It was actually over £5000 but they refunded me a load of unfair charges (their words)  This does however push me over the £20,000 limit for a DRO I think?  
    • Hi.   I think you've made a good start by setting out in writing what you need to deal with. People should be along later to advise on how to deal with your creditors.   For the mental side of things, have you talked to your GP about getting some help with what's getting you down? Or support with the gambling issues?   HB
    • Hi people.   So I've managed to get myself into a sorry state financially. I'm insanely depressed which I guess is common for many. I don't think all of it comes down to the financial stuff but it is really crushing me now.   Facts: A lot of debt has been due to living on credit and gambling. I don't have a job. I know I should get one but I just totally despondant at the moment (due to many reasons). I don't expect any sympathy but I thought I would share this.   It's tempting to bury my head in the sand and wait for the inevitable calls from various collections departments but I want to be as proactive as possible. I think I've cancelled all direct debits so I don't get bouncing charges from the banks...   So onto the debts:   Loans livelend; £2400 was 4k 13% interest Bamboo £3000 (only just made the first payment this month) supid interest Likelyloans approx £3500 stupid interest  One payday loan for £200 I just got to cover some bills (knowing that I'd unlikely be able to pay it) - this is the only thing I haven't cancelled with the bank as they just take it from your card   Credit cards: Aqua approx. 3900 Capital one approx. 1200 Amazon approx £500 Paypal Credit Approx £1100 Overdrafts Santander £1500 Barclays £1k limit (I don't actually pay anything for this)   So all in all approximately £18,000     I also have a negative Paypal balance of £5000 but I don't believe this classes as a debt and I don't think they can do anything about this having read up on it quite a lot.   I guess my question is what is my best course of action. Should I look to do a DRO? Should I go bankrupt? (eurgh. Full disclosure I did this 15 years ago when I was 21. You think I would have learnt!) Should I write to each creditor and offer them £1 a month? Should I talk to one of the debt charities?   It is all my fault that I'm in this state but I also know that it's not the end of the world because they are all non priority debts. I probably am slightly behind on the council tax but not significantly.   I started claiming universal credit a couple of weeks ago and had my first appointment last week but managed to miss the next one due to not being able to sleep and then oversleeping and so I guess they've probably kicked me off that already and I might have to claim again.    So yeah. I take responsibility for what's happened but I don't see any way out. I've been very depressed lately due to this and other things. There is no one to "bail me out" and I probably don't need or want that anyway. Any advice appreciated          
    • Hi All,   I left the UAE 2 years ago. Have my bank clearance letter from HSBC.  I have been receiving emails from a company based in Hemel Hampstead IDRWW about money owed to the bank of RAK in the UAE which I’ve ignored as thought it was spam. I have now received a letter through the post saying the same thing (no idea how they have got my new address) that they are acting on behalf of RAK bank. I’ve never had an account with them but know how dodgy things are over there so would be nervous going back!.... Do I just ignore it or reply? It must be identity theft?  I am also nervous about travelling as I travel a lot & wouldn’t want to be arrested!!  I obviously have no intent on paying a debt that is not mine plus have no assets here anyway... Can they actually take me to court for something that isn’t mine??  Any info gratefully received.  Have spoken to citizens advice & they couldn’t help. Thankyou   
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fkofilee

SC Clearance & Dealing With Debt

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So here we go folks. Ive been on the forum long enough to know that we don't condone debt avoidance but certainly help those who need it. Well its time for me to turn to you guys for more help.

 

I appreciate that you guys are the best forum on the net for this sort of thing so here we go.

 

My job Im in requires me to get SC clearance. Now I love my job and its the only thing holding me back is my credit history. Ive been very lucky in the past to avoid CCJs / Bankruptcy Proceedings due to some of the amounts, however i want to finally face up to the facts and hit it hard.

 

Ive attached my current credit report of defaulted debts and I am going to hit these hard. I would like to £100 a month towards them all an take my time to clear them out.

 

Now i know that for SC clearance they do a credit check and im worried about the level of debt i have. How could this affect my Chance at getting SC Clearance?

 

[ATTACH]48351[/ATTACH]

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Have they all been defaulted? Have you reclaimed all insurances/charges on the accounts? I se eyou have a fair number of debts assigned to lowells. Its strange they havent tried issuing SD's on them. Perhaps SAR and get the right info before making any payments.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Yep,They have all been defaulted.

Now the SAR Request... Is it £10 per account or £10 for all information pertaining to me?

 

Question; IF Lowells have the incorrect address... is it true that they cant issue a SD as it has to be served to the individual directly?

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Well, if its defaulted, then they stay there for 6 years from date of entry, unless you can negotiate their removal as part of a F&F settlement.

 

As for Sar's. You send One sar to each OC. If you have 4 accounts with an OC, then only one SAR is needed. If there are 4 accounts with 4 different OC's, then 4 SAR's are needed. If it was me, i would check the debts, through SAR/CCA requests etc, then negotiate their removal as part of a LOW F&F settlement. Start at around 15% and see where it goes.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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See whats interesting Imp is that like Cap One etc, Date of default is different to the last payment date.... Last payment was Aug 2011,

But Default date is 11/01/2012

 

The question about the SAR was mainly about Lowell... As they have 5 accounts, it would be £10.

I know its £10 per creditor.

 

Heres the interesting question though, Example for EE... is it £10 per Account as they are 3 separate businesses? Lowell for a fact have tried in the past to offer F+F Settlements over the phone and then when i ask for them in writing, they wont play ball. But i have never admitted liability to these debts although i know they are mine. Sometimes doing that has been a godsend to how to go about dealing with Lowell.

 

Also because Lowell dont have the correct address for me, Im worrying that sending them a SAR will allow them to catch on to where im currently living, which im trying to avoid. (I want to keep what im doing quiet around my household etc and dont want any letters etc turning up that i havent requested.)

Edited by fkofilee

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Do not SAR Lowell

Send it to the original creditor


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Date of default can be up to 6 months after the last payment date. In some cases, it could be a year or two after. However, the latter is rare and can be challenged.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Do not SAR Lowell

Send it to the original creditor

 

Problem is now IHB is that Lowell now own these accounts as per my Credit File. So my assumption would be that Lowell would now be the ones responsible for processing the SAR Request as the info would have been passed to Them?

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Nope.

 

i hate bailiffs is 100% right. The new owner wont have statements etc. ALl they will have is a line on a spreadsheet. The SAR must ALWAYS go to the OC. The only time you SAR the DCA is if you think they have been acting unlawfully. Changing records, dates, making up stuff etc.

 

For info on the actual debt, you must SAR the OC.

 

In regards to them processing the SAR. they are only obliged to process a CCA request.

 

A SAR is a legal request for them to provide ALL info they hold on you within the statutory timeframe. If you want the history of the account, you need to go to the OC.

 

I know i repeated myself in this post, but i wanted to make it clear.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Arh i see... Thats kind of interesting, SAR to a DCA i mean because they will accumulate data as the time goes on.

 

Well here we go then... could be a long fight here with Lowell me thinks and also Im worried that they wont accept my F+F Settlement.

I still think that its wrong that Lowell purchases the debt and then reports on it. I always believe it should remain with the original creditor... and they just "Administer" it.

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Lowell will not have bought just this debt on its own. They buy a portfolio of debts. The information they are given (amongst thousands of others) is the very basics of what they need to administer the account. This information is transmitted either by electronic means or by a CD.

 

The only data they will have is from when they acquired the debt, nothing from before so it is pointless sending them a SAR.


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Arh i see... Thats kind of interesting, SAR to a DCA i mean because they will accumulate data as the time goes on. There wont be much data at all . Just a list of what THEY have done on the account.

 

Well here we go then... could be a long fight here with Lowell me thinks and also Im worried that they wont accept my F+F Settlement.

I still think that its wrong that Lowell purchases the debt and then reports on it. I always believe it should remain with the original creditor... and they just "Administer" it. Everyone in debt would agree to this. Unfortunately, it is perfectly legal and has been since 1925. Creditors regularly sell off accounts if it doesnt make good business sense to continue collections. The dodgy part is that they effectively 'double dip' on the debt, by claiming back through tax/vat and then getting money from the DCA for it as well..

 

Answered.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ouch... The DCA Industry is rife with wronguns eh?

 

Right well will keep you posted on everything that happens.... Im hoping this will work. :)

Another thing... Say they cant provide "paperwork" etc to the debt and they cannot enforce it in court.... Although its still legally owing, do i have to pay it?

(I know that they can continue collection activities etc.and i know we dont condone debt avoidance, but it really sounds like a punishment to the DCA for not checking these things through)

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Sending an SAR to a DCA is wasting £10 of your money.

 

As above, A DCA will hold very limited data no matter how long they have the account, you will be lucky if you get one full A4 page back.

All it will contain is your personal details, nature of debt with balances, any payments to the DCA and account numbers.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Ouch... The DCA Industry is rife with wronguns eh?

 

Right well will keep you posted on everything that happens.... Im hoping this will work. :)

Another thing... Say they cant provide "paperwork" etc to the debt and they cannot enforce it in court.... Although its still legally owing, do i have to pay it?

(I know that they can continue collection activities etc.and i know we dont condone debt avoidance, but it really sounds like a punishment to the DCA for not checking these things through)

 

 

 

Yep. It is flooded with bad debts. However, DCA's are unscrupulous and will do ANYTHING to get you to pay.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412665-Natwest-Capquest-and-CCS-Collect&p=4430753&viewfull=1#post4430753 Watch that. But be warned, it will make you furious. The sad thing is, every DCA is like that.

 

Regarding enforceability in court, it depends on the paperwork, date of debt, whether the debt was full of charges etc etc. There are various things that come into play. Your first step regarding a DCA ( if you want to make contact with them), is to send a CCA request and see if they hold even the basic paperwork needed to collect the debt. If they say they are reverting back to the OC for it, then they dont have the paperwork and shouldnt even be harassing you.

 

What paperwork you get back, you can post up and we can help you identify whether is is valid or not.

 

As for paying it if you legally owe it, thats up to you. If they dont comply with the CCA request, that doesnt mean the debt doesnt exist. It just means they cant get you in court for it. They COULD get a CCJ, but they stand no chance of enforcing it without the original agreement and terms if its a pre 2007 debt, otherwise they need a full reconstituted agreement. The only reason for them to go for the CCJ in this scenario, would be out of sheer spite.

 

In any case, the debt would still exist, but there would only be a moral obligation on you t pay it. Not a legal one.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Okay RI I see about the paperwork element, I will post it up here when i receive it back. I have a feeling this is going to be long drawn out.

Oh i know the debt exists etc, but would it make my Credit file look any better if it was settled?

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would it make my Credit file look any better if it was settled?

 

No, The Default will remain for six years regardless whether the debt was paid or not.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Stig is right. The only other option is to negotiate its removal. But its rare that happens.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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When you complete the paperwork for your SC, the main thing is to be completely open and declare your debts.

 

Bankruptcy might be a problem, but debts and even a CCJ or two aren't likely to be. There is a space on the form for you to add any clarification if you wish - so you can say if you are trying to negotiate with creditors, or are disputing debts, for example. DBS NSV are looking for evidence that you are dealing with things rather than just ignoring them and continuing to get into more debt.

 

The credit check that is carried out is just a check of one of the CRA's files (DBS NSV use all the main three, but only check one for SC). The credit check is just one part of the financial check -they also look for unexplained income and signs of irresponsibility (and debts don't necessarily mean that). I have heard, anecdotally, that DBS NSV are well aware that CRA files aren't always accurate.

 

You might be asked to give further details of how the debts arose in the first place (eg divorce or redundancy), how you are managing debts, or the situation might be reviewed (after provisional clearance) after 6 months or a year.

 

Finally, when you get the clearance forms, you'll get a covering letter which will give contact details for your desk officer at DBS NSV - they encourage you to talk to them and I'd recommend going over the best way to present your info beforehand.

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Agree with Scarlett. I did this many moons ago, and the chap who interviewed me explained that they have to consider your financial situation in case you are maybe susceptible to being bribed.

 

Jeremy


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