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Hi

 

I hope you can help me?

 

I really don't know where to start. I have recently split up with my partner of 20 year. We had to sell our large detatched house and go our separate ways. Fortunately i was lucky enough to get enough money from the sale of our house to buy my own little house for me and my son. I am currently unemployed and i suffer from anxiety and stress, i do get some help for my son from my ex. But, i am struggling now to make ends meet and to top it all off, in the next month my catalogue Buy now pay later purchases will come into affect. I currently owe over £3,000 with Kandco, and over £5,000 with Littlewoods. By the end of next month if i cannot pay them off before the interest hits, these will spiral out of control with a massive interest of over 40%, so, all in all i will be looking at a lot of money owing. I have contacted them both, to tell them that i have hit hard times like a lot of people, and asked if they would accept £50.00 per moth for both until i get back on my feet. They basically told me where to go, stated that as this would be below the minimum payment, they will not accept it.

 

Please help, i don't know what to do, my friend was telling me that she knew someone in the same situation, it went on for a year, numerous threats, letters, phonecalls, numerous debt collection agencies, all refusing to help them, then finally they were issued CCJ'S. After all that the courts accepted their offer of £30 a month of which they had made to the catalogues in the first place over a year ago, so, why don't they just try and help in the first place.

 

My main concern is after reading a lot of threads, is the charges they can put on my property.

 

I am a born worrier to start with, and i know i was stupid, putting myself in this situation if the first place, i am a great believer in that if you havn't got it you can't have it, but, i just kept buying and clicking buy now pay later, thinking that when i sell my house i can pay it all off but, the worse happened, i split from my partner, he had a nervous breakdown afterhe lost his business, we tried for 3 year to sell our house. Property prices dropping all the time and i only just managed to walk away with a little house for us to live in. Now am i going to lose that too?

 

I am at the end of breaking point, i thought that if i contacted them before the debt even happens, it might be better but, they really just dont want to know.

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You have identified a problem swiftly and have attempted to deal with it. Good :)

 

The companies involved are refusing to assist - Not Good.

 

I think you need to sort out a budget plan and send it along with your proposal to the companies in writing (to their Head / registered office.

 

It might be worth speaking to National Debtline their details are below. Have them help you produce a Financial Statement (acceptable to courts so the companies should NOT refuse to consider this)

 

I am advising you to speak to Nat Debt purely based on your statement that you are a "worrier" - I am assuming that a self administered Debt Management plan would not be of interest to you !

 

 

http://www.nationaldebtline.co.uk/

 

 

or call National Debtline free on 0808 808 4000

Monday – Friday 9am-9pm

Saturday 9.30am-1pm

 

 

You should try to deal with your creditors in writing in order to avoid further stress.

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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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Yes, if they take you to court they could apply to have a charge placed on your property :(

 

As long as you maintain any repayment schedule set by the court then there cannot be a forced sale (very unlikely anyway if you have a small child)

 

The court will take into consideration your attempts to resolve this outside of court and the companies refusal.

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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Alternative to seek help would be step change, they are very good and will likely be able to setup a debt management plan for you. They will deal with the catalogues and will likely get them to freeze interest and charges. Based on your income and outgoings.

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Hello there,

 

There is some fantastic advice being given on this thread so far. I think it's absolutely important to only communicate with these organisations in writing. Not only does that allow you to keep copies of correspondance it also prevents you from being badgered by their call centre staff.

 

Would you mind letting us know when you originally took these agreements out? There could be a few routes forward to consider.

 

- Seq.

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Hi

 

I really honestly couldn't say how long i have been with the catalogues, its been years now, how would i find out, i tend to do a lot online and switched to paperless statements years ago, and the statements online only go back a year.

 

I confided in my Dad, he said he could give me £2,000 to pay off each debt, but, the problem i have is that won't even clear half, and i still wouldn't be able to manage the payments even with that off.

 

Do you think it would be wise to ask the companies if they would consider a settlement figure, or would it just be a waste of time?

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Companies often consider settling debts by accepting a percentage. This is known as a full & final settlement. Prior to that, though, there are a few things you should try. To give you a bit of background, catalogue firms used to be incredibly lax when it came to getting their customers to complete credit agrement contracts. This is now coming back to bite them. You see, if the agreement was taken out before April 6th 2007 it is likely to be legally unenforceable if there is no evidence of a signed agreement. Can you remember signing anything?

 

It is possible to make a formal request to these firms asking for a copy o f he agreement. We call this a 'CCA request' - it costs £1. They would have 12 days to supply you with the agreement. They may not have to supply the original document itself - but it will need to be a facsimilie of what it looked like. The copy request doesn't need to be signed, sadly. That said, it often slows creditors right down - in addition, it may convince them to accept a very low percentage in a full and final settlement.

 

This fact sheet explains things a little more succinctly: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

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You see the only problem i have with doing everything you said is the time span. If i don't try and settle this somehow before all the interest charges start adding on which is the end of this month, then i have no chance to ever clear it, the debt will nearly double. I have already tried to appeal to their better nature on numerous occasions, and every time they have knocked me down. i explained that obviously if i can only just manage the payments now before the buy it now pay later charges are added, how on earth do they think i am going to manage to pay them then. I honestly think they would rather go down a long process and end up taking me to court rather than let me try and pay off what i owe. I am not disputing i owe it, i just have hit bad times, and everything has come crashing down, and i cant see a way out.

 

I already contacted Step change, and whilst the lady was lovely on the telephone, you know what she said? can i not sell my house to pay off the debt, or get a family member to buy a share of my house so, i then can pay off the debt? I honestly was taken aback, what kind of advice is that?

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I already contacted Step change, and whilst the lady was lovely on the telephone, you know what she said? can i not sell my house to pay off the debt, or get a family member to buy a share of my house so, i then can pay off the debt? I honestly was taken aback, what kind of advice is that?

 

Thats unreal! I'm taken aback by how unhelpful that advice is(!)

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First off look at your credit file..noodle is free ..that should tell you when the Cats were open ..If before April 2007 then they would need the original agreement for court ..I also have a littlewoods Account that has defaulted ..Mine was 2002..I know they dont have a CCA from then ..so im paying £20 a month and they are excepting with no added interest..I also had a Isme account that was passed over to Lowells ..Had a Letter from them last week saying they are writing the amount off ..That was open in 1998,,Hence the early 2007 date ..If it was before 2007 then its unlikely they will have the correct CCA

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Hi you posted on my thread to see where I am to date. All 3 of my cat debts went into areas over a year ago now. I sent CCA request to simply be who couldnt provide one and wrote to me telling me they were closing the file and would not pursue the debt, so I'm hoping thats the end of it but you never know!!. Regarding the Freemans Debt, that was passes to a DCA who hounded me with threatening letters and then sent a collector to my door. I just said I couldnt afford anything, he didnt even argue with me and just left and thats the last I heard about that one!. The biggie K@co account was sold to Lowells a couple of months ago and I have just received another letter from them this morning actually asking for payment and threatening court action!!. The same as you, the one thing I'm terrified of is them getting a charging order on my house!. I have to wonder though, why haven't any of them taken there chances in court!! Only time will tell I suppose. Its such a horrible business, If they just gave you a bit of help when you needed it things would never go this far!. For me its just waiting now, and dreading every time the post man comes!!. Good luck....

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Sounds like you have some reclaiming to do as well as checking if the dcas hold the right paperwork. Could anyof your debts be considered statute barred or close to it?

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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Have you checked to see if the debts are actually enforceable and if you have anything to reclaim? You should do that before you start trying to F&F payments etc.

 

however, if you have created a simple budget summary, you can use http://www.consumeractiongroup.co.uk/forum/showthread.php?387346-Ask-Creditor-to-Accept-Pro-Rata-Payments(1-Viewing)-nbsp as a template.

 

The address should be the normal address on your statements.

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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Littlewoods Registered office is..

 

Registered ffice: 1st Floor, Skyways House, Speke Road, Speke, Liverpool L70 1AB.

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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