Advice needed- 4 debts totalling over £20K

[laidy_ma]

Hello and thank you for reading my post. Any help, advice and suggestions will be very much appreciated.

I am sorry in advance for the long and complicated post.

 

I have 4 debts all defaulted in 2010 for £20+K.

Most of the information I have provided below is from Noddle as I don’t have much paper documentation.

 

 

The debts are a personal unsecured loan and 4 credit cards all used on an unsuccessful business plus

I have got very ill and went for urgent treatment abroad (2010) which lead to defaulting the accounts.

 

1. Barclays – unsecured loan (applied online) originally for £20K taken in 2007,currently owing just under £13K

 

I have been paying £1 each month since 2013 agreed with them (CDCS/Barclays) over the phone.

I have a letter from them confirming that they agree to receive £1 a month.

 

The debt shows as ‘Barclays unsecured loan’ on Noddle and no mentioning of CDCS.

 

I have a current account with Barclays (debit card visa) which I only use to pay £1 to Barclays

and 3 debt collection agencies (£4 each month has been transferred to this account).

 

 

The loan is visible on my online banking but shows only the total amount owed before the default in 2010 I think...

I have not got any paperwork regarding terms & conditions, statements etc...

 

I was paying £385 a month for around 2 years but once I stopped paying for a few months

they kept adding fines and interest even after I was begging them to stop fines

explaining that I was at hospital abroad and unable to organise any payment for few months.

 

 

Fines continued even after I started paying them again but reduced monthly amount as much as I could afford (£100-£200).

Then after 2-3 months the account defaulted and I continued paying them reduced amounts (finally agreed by them)

until I was advised to offer a token payment which was agreed without problems in 2013.

 

2. Credit card- Citi with Cabot Financial Europe.

I pay to Clarity (online payment via their website) which I guess has been employed by Cabot to take the payments of £1 since 2013.

Noddle is updated by Cabot on regular basis showing –£1 each month.

 

 

Information on Noddle:

Account start date 07/2007,

opening balance £1436,

default balance £1436,

date of default 06/2010.

 

 

Between 2010 and 2013 I was paying more than £1 a month so the current balance is down to £590.

The last letter I have is a confirmation of arrangement for £1 a month with Clarity.

 

I called Citi years ago to ask them for more information regarding the debt and about Clarity.

They could not find anything in my name with their bank and explained they do not have credit card department anymore

as they no longer offer any credit cards and as far as they are aware I don’t owe them anything.

 

 

They could not give me any information about PPI either...

They never wrote to me to explain that they ‘sold’ my debt as far as I remember.

 

3. Credit Card-HSBC Bank. After defaulted in 2010 Metropolitan Collection Service Limited contacted me

and demanded high monthly payments while I was in the hospital.

In the end reduced payments were agreed.

 

 

I was paying them reduced payments (£10 or £20 I don’t remember exactly) on monthly basis until 2013.

They agreed in writing in 2013 a monthly £1 payment

: Commencing Date 29/06/13 Finishing date 28/08/2096!

 

 

A few months after the agreement I was contacted by Marlin (Cabot Financial) advising me to start paying them the £1 monthly

and providing me with their details.

 

Noddle shows that I opened this account in January 2007 and defaulted in June 2010 at £2770.

Noddle currently shows owing of £2400.

I was contacted by Marlin over the phone recently for a review

-I explained that my financial situation is even worse than it was in 2013.

They were fine-still happy to receive the £1.

They also mentioned that a full and final settlement can be arranged at 65% discount

but they would consider a lower offer if I go to them with one- they said.

 

4. Credit Card-MBNA

-Account start date 05/2006,

defaulted -06/2010 at £6550.

Noddle currently shows that I owe : £5250.

 

 

I found a letter dated 01/09/2010 from Experto Credite advising me that Varde Investments(Ireland) Limited

has bought the interest of MBNA Europe Banks Limited and they are legal owner of my account.

‘Under the terms of assignment Experto Credite Ltd has been appointed by Varde to recover any and all outstanding sums.’

 

I paid Experto Credite £20 on monthly basis

until Aktiv Capital contacted me to inform me that they have taken over my account.

 

 

They agreed to the £1 monthly payment in 2013 (which was agreed with Experto Credite already I think) and since then I have been paying it.

I noticed just recently that on my Noddle report instead of Activ Capital, PRA Group UK has taken place as a lender.

 

I don’t have much memory about any of the credit card debts

- especially the amounts I originally owed.

 

 

I found most of the above information on Noddle but I am not really confident how correct it is.

Some of the debts also show payment history for the last couple of years only.

 

 

I have the impression that the DCAs who contacted me in 2010 insisted that I owe at least a few hundred more than I thought

but being recovering from an illness and ‘scared’ of unwanted visits and fed up with aggressive telephone calls demanding money

which I could not really afford I did not argue with what they asked me to do and kept paying as much as I can.

 

I am no longer at the address the above creditors have for me and none of them have been in touch with me via telephone in the last 2 years except Marlin.

 

I am currently staying at friends address which address I don’t have the permission to use for my financial affairs

as this is my friends work place as well as their home address and it is just down the road from the office of one of the lenders

and they worry that they may come in person to look for me and cause problems

(as the friend has valuable items at the address- including extremely expensive car kept by the owner of the house

who does not live at the address))

 

 

I am thinking of renting a Personal Post Box in the town for communication with the lenders.

Do you think this is acceptable as an option?

 

If/When I get PO Box address would you suggest to contact the lenders for CCA or SAR or another request

or just to inform them for my new correspondence address and wait for them to approach me

or just try to change the address at Noddle and the rest of the credit agencies if that is possible at all?

 

 

I don’t really care much about my credit rating but I want to avoid CCJ if possible.

If I don’t provide them with an address I would not even know about any CCJs until I see it on my credit report

and I guess it will be too late for me to defend myself or do anything..

 

 

. I mostly worry that when I eventually have a permanent address the bailiffs will turn up at my door

unexpected asking me to pay immediately plus extra charges.

 

Would you suggest to discuss full and final settlements (a friend may be able to help with money) if the paperwork of the debts is good?

 

 

I think I might be able to claim miss sold PPI (at the time of taking the credit cards I was self employed) and unfair penalty charges.

 

 

.. I would consider F&F as an option if there is no better option to resolve debts as I feel the whole situation with DCAs and Barclays very stressful.

I am also hoping on starting a job I have been promised in some point next year working for a high profile individual

where my working place address will be the same as my living address

(same address where my boss will be living as well) and if DCAs or bailiffs approach me in person asking for money

or belongings this might cause a big trouble.

 

 

For these reasons I wish to resolve these debt issues before accepting any job position of this kind.

 

I want to thank you for reading my story.

I am not experienced at all with the above situation and I realise that I have already made some mistakes.

For example not asking any debt collectors for proof in first place before start paying them.

 

Please anyone help me sort this unpleasant situation out and guide me where to start from and what to do?

 

 

I really need to sort these debts out ASAP so when I start my new job next year

I don’t need to worry and live in fear about debt collectors turning up at my boss door

asking to collect my belongings etc..

 

 

. and causing trouble.

[dx100uk]

ok lets blow one of your major problem boats out of the water TOTALLY

 

 

a DCA is NOT A BAILIFF

and has

NO LEGAL POWERS WHATSOEVER.

 

so, and I take It you've been told this rubbish over the phone bythe DCA's

as they'd never put in writing what they con you about on the phone

 

they cannot seize anything nor demand any money at anyone's door

 

THEY HAVE NO LEGAL POWERS.

 

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

 

you seem to have blindly been taken in by their lies hence why you are paying several DCA's

pers I'd stop paying them.

if they have your debit card details.

then phone your bank and CANEL any Continuous Payment Authorities they might have set up.

no good cancelling the card..that wont work..

 

 

on the Barclays loan..who is CDCS please?

[laidy_ma]

Thank you for your prompt reply dx.

 

CDCS- Central Debt Collection Services.

I received some letters from them on 'Barclays' paper stating in the end of the letter' that this item can be obtained in Braile

, large print or audio by calling Barclays' followed by the Barclays customers service details

but in the top right of the paper are the details of CDCS, PO Box in Manchester , telephone and fax.

I guess CDCS is Barclays. Noddle shows the lender as Barclays and no mentioning of CDCS.

 

Do you suggest to stop paying the DCAs the £1 and not updating my address at all?

I have not got any standing orders or direct debits set.

I log in every month and pay with my debit card Marlin and Clarity via their website payment option.

 

 

I pay Barclays loan using the sort code and account number

I think the loan originally had and Activ Capital (PRA) to their account (sort code, account number)

stating a REF number which was given to me years ago.

 

I have a clue that DCA cannot legally visit and demand anything

but 5 years ago somebody from DCA visited an address I was not living there already to look for me.

 

 

The landlord informed me and gave me a handwritten note by the collector with the company/man name and his telephone number to call...

This was for Vodafone account though...-a different story.

 

 

If I stop paying and CCJ is issued I might be surprised by the bailiffs or before they come they have to inform me in writing by sending a letter

to the same address they are going to visit?

 

 

How Courts obtain addresses?

I don't want to hide I just don't want to be disturbed by DCAs at my address.

 

I also think the chance DCAs to go ahead with court proceedings is low but I am really afraid that Barclays might...

[dx100uk]

quite honestly if you are paying dca's for debts

which you are

and they are that old..i'd stop paying.

 

your fear has turned you into a cash cow.

 

you current address is on your credit file.

 

certainly I'd not do anything with the Barclay loand or ANY type ofcredit

that you are paying to THE ORIGINAL CREDITOR

 

but all those DCA's that have spoofed you for years

I'd be stopping paying them now.

 

and stay off the phonex

[laidy_ma]

The addresses in my credit file are no longer up to date.

 

I have not informed the banks (2 current accounts- one with Barclays) of my current address for the moment

as I am only at this address for a short time staying with friends..

 

. I have only provided DVLA and The Tax Office an address where they can write to me if needed.

 

For example if Barclays wants to contact me they can't because the letter will go to an address I no longer reside at.

[dx100uk]

and when is this temp address issue likely to resolve itself?

 

 

dx

[laidy_ma]

Hi dx,

I will be working and living at my employers HOME address and I think I will need to get a PO Box

and not using their address just in case CCJ is issued-

I worry that if bailiffs or DCAs visit this may cause me my job.

 

 

I hope to start my new job in 3-4 months.

 

 

Do you suggest not to use PO Box and use my working/living address?

[dx100uk]

why not simply bumble on doing what you were for 4 more months

 

you've been doing it this long .

 

extra bit wont hurt.

 

then deal with things

 

dx

[laidy_ma]

Ok, I agree.

What do you suggest to do once I have a permanent address please?

[dx100uk]

cca request to everyone you are paying.

bar the bank accounts if any

[laidy_ma]

I logged in to Noddle and I see that I can change my address myself in my credit file personal details if this is going to help?

 

Do you suggest that I close my current bank accounts?

Why is that?

 

I will need to register as self employed once I have started the new job

and I guess I will need a bank account to be able to pay NI and tax.

Or maybe there is another way to pay taxes and NI?

 

I will definitely post here before sending CCA requests to the DCAs and Barclays loan.

 

Is sending postal orders the best option for paying the £1 together with the CCA request?

[Mr.P]

I will be working and living at my employers HOME address and I think I will need to get a PO Box and not using their address just in case CCJ is issued

 

Royal Mail will provide the real address behind a PO Box number to anyone on request, so you could still be traced. In addition, I doubt very much that any court documents could be served on a PO Box number as enforcement would be difficult. A DCA would most likely use the last known physical address and then get a judgement by default.

[laidy_ma]

Thanks Mr. P -

I was planning on a different company post box not Royal Mail and also the back up address will be a friends address

who will register this PO Box for me to use as Mail Boxes allows to register a second name on the PO Box.

 

 

The post box will contain a street name and number and suit number not a PO box number. I think it will be acceptable to provide this address to the lenders when requesting CCA?

Am I really obliged to update all the time DCAs if I change address?

 

I agree that they will probably do what you said but nobody will be able to trace me at the last known physical address which appears on my credit file.

 

 

Of course I guess one day they will find where I live and surprise me with bailiffs etc.

.. without me being aware...

That's why I was thinking it may be a good idea to contact lenders with CCA request before I have started my new job

and see what they will provide me with..

 

 

. If chances for CCJ are high (if their CCA papers come back perfect) maybe I can offer them F&F settlement if necessary..

 

 

. I thought my chances for low F&F are better before I start working and earning anything.

 

 

What do you think?

[dx100uk]

firstly the bar bank accounts comment

that's in relation to CCA requests..you cant CCA a bank account.

 

pers

and again as you keep worry about bailiffs

 

I'd use the next 3-4 months to start reading around here

 

as you still are a wee bit green on these matters.

[caro]

Thanks Mr. P -

I was planning on a different company post box not Royal Mail and also the back up address will be a friends address

who will register this PO Box for me to use as Mail Boxes allows to register a second name on the PO Box.

 

 

The post box will contain a street name and number and suit number not a PO box number. I think it will be acceptable to provide this address to the lenders when requesting CCA?

Am I really obliged to update all the time DCAs if I change address?

 

I agree that they will probably do what you said but nobody will be able to trace me at the last known physical address which appears on my credit file.

 

 

Of course I guess one day they will find where I live and surprise me with bailiffs etc.

.. without me being aware...

That's why I was thinking it may be a good idea to contact lenders with CCA request before I have started my new job

and see what they will provide me with..

 

 

. If chances for CCJ are high (if their CCA papers come back perfect) maybe I can offer them F&F settlement if necessary..

 

 

. I thought my chances for low F&F are better before I start working and earning anything.

 

 

What do you think?

 

It doesn't matter how good or bad the paperwork is if you don't defend the claim. If it goes to an old address you won't know about a claim, so the lender wins by default.

[laidy_ma]

Thanks dx. No CCA request to my bank accounts only to DCAs-3 credit cards and Barclays unsecured loan. I understand now, thanks.

You are right I really worry. I will try to calm down. I am already reading a lot of helpful posts around here which I find very helpful.

 

I am a bit disappointed that when I contacted a debt charity agency in 2013 for advice they never mentioned to request CCA from debtors etc... before continuing paying them... These issues could have been resolved much earlier if I had the correct advice...

 

Thank you again. I will post again once I am ready for action.

[citizenB]

I don't think you can issue a claim to a PO box ?

[laidy_ma]

Sending CCA requests providing a post box correspondence address I think is acceptable... If I end doing this I will let you know what happens.

About court orders I agree that this might be a problem...and I might end with issued CCJs without knowing.

 

 

If anyone has any experience with the above please let me know. Any advice is welcome.

Edited December 13, 2015 by laidy_ma

[laidy_ma]

Hello,

I am going to update my address with the DCAs who I pay £1 a month so I can request CCAs from them to see what they will come back with.

 

 

Account/Ref number:......

Please change the address of the above account to: .............

Note that the address is provided strictly for correspondence purposes only and no physical visits.

 

Can you please suggest a formal sentence to add saying something like- 'Not convenient to visit in person at the above address’?

 

Please ensure that you note the above information and direct all future correspondence to the address provided above.

 

Sincerely,

 

No Signature? Only name?

 

Any suggestions and corrections to the above are welcome. Thanks in advance

[Bazooka Boo]

Why not kill two birds with one stone, send the CCA request in with your change of address? (obtain proof of posting which is free from the PO counter)

 

Who are the DCA's and WHAT debts are you going to be CCA'ing, as certain debts (Mobile/Overdraft) won't fall under CCA's.

 

Don't sign, correct, just print your name, also if you change your address details on your CRF then DCA's will be auto informed anyway as they are in the pockets of CRA's..

[laidy_ma]

Thanks for your prompt reply Bazooka Boo. I will be sending recorded - just to be absolutely sure that they receive the letters and don't have excuses. All debts are for credit cards defaulted in 2010. I have posted about my debts in a different post:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?456974-Advice-needed-4-debts-totalling-over-£20K

 

I am not planning to update my address on credit files for now. I only check Noddle from time to time and only one administration review has been done by 1 DCA in the last 12 months... How DCAs can see my credit file details? Don't they need to pay fee for that?

 

I guess I might send both Change of address letter and CCA request in the same envelope...

[Bazooka Boo]

Send the CCA request http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015** along with the stat fee (£1) and a cover note;

 

Dear bill&ben,

Please note my new address for correspondence,--------------------------------------

This is effective from date.

Regards.

PRINT NAME

 

There is NO NEED to send this by RD, send it 2nd class post with 'Proof of posting' which is free from the PO counter, sending it RD just tells them you have money to waste and can pay them.

 

When did you take out these CC's and how? Who are the original creditors and who is chasing for them now?

 

DCA's have sight of Credit files, credit reference agencies are not there for you, they are there for their chums in the debt industry who pay them for the information you have on your CRF.

[citizenB]

I think all those businesses using the Credit Reference Agencies do have to pay a fee, laidy.

 

BB's idea is a good one, making the CCA request and change of address at the same time.

[laidy_ma]

Thank you for your advice Citizen B and BB. I will send both letters together. I will post once I have replies from the DCAs.

Thank you again!

[citizenB]