Advice on my debt thanks - scotland

[dogs34]

Hi there and thanks for taking the time to read my post.

 

I have various unsecured debts and the majority with debt collection agencies, i am presently in long term payment plans with all, and i after reading examples on these forums, i realise i have probably naively broken all the rules, ie speak to these companies on the phone,  maintain payments etc.

I suppose i feel a moral obligation to settle my debts, i have this stupid way of thinking if they are happy getting monthly payments i live a stress free existence.  Every time they have asked me to do a budget planner i have said I didn't want to and they still accepted my proposed payment offer, I suppose just didn't feel comfortable telling them everything about my finances. I do work and can afford my payments.

 

I read on here about asking for CCA's etc but im worried that if i do that i will just piss creditors off and they will stop my repayment plan and take me to court. i have never missed a payment so they are very pleasant to deal with. 

 

Any way here is a list of my creditors, the only company that hasn't sold my debt on is the tesco bank for a loan and credit card, but to be fair they have been really great accepting a reduced payment and froze all interest immediately.

 

link financial  -  8787k (barclaycard)  i pay £70 a month never missed monthly payment since agreed repayment plan the day i received their letter to say they now had ownership of the debt approx 2 yrs ago  default date 2nd may 2016

 

Lowell -  4661 ( asda credit card Creation finance)  i pay CGA £22 to them and have done for 2 yrs not showing as a default on file but green light payments

 

Cabot - 3071 (zopa loan)  i pay £30 monthly  been paying it for approx 15 mos  default date 2nd april  2016

 

Cabot - 4294 (zopa loan) pay £35 monthly been paying it for approx 15 mos default date 2nd april 2016

 

Cabot - 1285 (DFS furniture) pay £20 monthly been paying it for approx 2 yrs default date 4 october 2016

 

Cabot - 3453 (hitachi Finance) pay £30 monthly been paying it for approx 15 mos default date 4 october 2016

 

Tesco - 8569 (Tesco Loan) pay £50 monthly done  for 3yrs  default date 2nd may 2016

 

Tesco 1456 (tesco credit card) pay £25 done for 3yrs default date 2nd may 2016.

 

I am ashamed of my debt and work so can afford my present payments, and still have some quality of life.

 

 

Thanks in advance

 

 

 

 

[London1971]

1 Feelings like having a moral obligation to pay a debt or being ashamed are completely understandable but make no objective sense. The likes of Lowell are not sitting around cursing you behind your back. To them you are just a number on a spreadsheet, and right now a very profitable one.  

 

2 Cabot, Lowell etc know full well that the second you stop paying a debt, a clock starts ticking, that works in your favour.  Albeit a slow one that takes 6 years until it becomes statute barred and unenforceable. Each payment you make resets that clock again . Lowell if they were 'moral' surely would have informed you, it's one of your most fundamental legal rights. 

 

3. Sending a CCA will not 'upset' your creditors.  They are powerless to do anything, and if they can't come up with a CCA they won't stand a dogs chance in court. Send CCA requests, if they don't respond in 12 plus 2 days, cancel your direct debit and stop paying them.  You will simply be throwing away your money.

 

I am not making this up, I have dealt with all the above companies, from a far worse position than you. I know exactly how this works from experience. DCA's pretend to have the same authority, as courts, bailiffs etc but the reality is they have no more powers to demand money than you or I.

 

One last point. Do all of your creditors have your current address details?

[fkofilee]

As you have seen from the Common Financial Statement - When they require you to do it and you say "No", they will still accept your payment plan.

I honestly think that if you are to pay them - You are paying too much (Even when they have a valid CCA) 

 

I think you should reduce it down to £5 to each debt. You will have a lot more free money to build savings with incase you need it. 

 

CCA all you DCAs. Check they have your correct address to prevent backdoor CCJs. 

You are paying DCAs £3384 a year roughly. Thats equivalent to a morning coffee and lunch on every weekday of the year.

[dogs34]

I have never moved in 15 yrs so all creditors have my proper address, 

 

London1971 thank you for your reply- in regards to one of your points- the thought of being taken to court would make me sick with worry- also the fact I make regular payment, does that not indicate to a court that I have recognised my debt  and accepted my liability.

 

so my next move is to send CCAs the thought of these guys phoning Stresses me.

 

i know what I have to do, the thought scares me a bit, you guys probably will think man up what more can we do but lead the horse to water, I suppose you guys are far more confident In dealing with these matters.

 

 I’m just venting my worry on a Internet forum, I take comfort on other posters taking their own time writing large posts to advise so thanks for that

 

I should of course thanked fkofilee for his reply too

[dx100uk]

block all their numbers, never ever talk on the phone about your debts again

sadly, and throw the morality card out the window... you are a DCA's favourite customer, a cash cow.

 

I cant see why you are scared of a DCA, there is seriously nothing they can do to you

they ARE NOT BAILIFFS 

 

stop being worried about the IF's and Maybe's, cause that is ALL a DCA can do, make threats

going to the dentist is far more stressful than 'a court' and 90% of those DCA's you list, are fleecers that run a mile one you've sussed them out.

 

no CCA = NO PAY!!

get them running TODAY.

 

the only debts for the minute i'd leave as is  Tesco...still with the original creditor.

 

i'll give you one debt you can write off now, link and BC, they never hold any paperwork that is enforceable and the debt is also very historic?

when did you take the card out? as BC haven't sold link debts in years now because they got so many complaints about link extorting money out of people they never owed in the 1st place.

 

dx

 

 

 

[dogs34]

 Thanks for your reply Dx100uk   i have quoted 2 points from your reply to ask you about

 

re court, do the DCA's like link, cabot and lowell take you to court? If I refused to speak to them do they then call in the debt and take me to court? 

 

re the barclaycard, link took over the bc  approx 3 yrs ago, unfortunately in relation to the second part of that point the debt accrued i am liable for.

 

If they do hold the CCA do they then  say "you chancing sod we know what you tried to do there" so good will is gone and call me for the debt?

 

I am going to send off the CCA's on monday.

[dx100uk]

you are under NO legal remit at all to discuss any debt or financial matters over the phone, email or at your door. writing only.

 

sadly, and as with regard to your second question too, all this comes from you appearing to have been talking to various DCA's on the phone repeatedly over the years and believing everything you are told when they would never put such things in writing as they know they are wrong and a LIE!!

 

a dca will say anything over the phone to keep their cash cow in check

 

I can almost 1000% guarantee Link will hold no paperwork whatsoever and you can equally apply that to 90% of the free money on the other debts you've been blindly paying to the other two fleecers.

 

I've moved your thread to the debt self help forum

get reading a few threads in this forum , your jaw is going to hit the floor sadly at how naive you have been.

 

 

 

[dogs34]

i just realised i stupidly should've said im in Scotland and all the debts were accrued whilst living in scotland, i've never lived anywhere else

I really appreciate everyone  offering advice,

 

just a quick recap if i have picked up correctly the 5yrs SB wont apply for me as i have willingly been engaging and paying towards creditors/DCA's. For the sake of asking people to repeat themselves i assume this is my course of action

 

1. Im assuming that i should now request CCA's from all bar TESCO.
2. Scenario 1 - they eventually produce a CCA, do i just continue to pay them? will they just ask for a full settlement or can i just continue my affordable monthly repayment? Would they escalate chasing my debt via a court decree?
3. scenario 2 - they cant produce a CCA do i just sit tight until they produce or not produce, obviously i have screwed things up a bit here as i have been making payments thus acknowledging the debt.
4. I'm not really in a financial position to make and offer of settlement, although can afford repayments. i could however use any opportunity of potential account holding to save the  monthly money i would normally offset to pay them.
5. Am i right in understanding i do not have give them any information regarding personal circumstances and that i don't have to provide a breakdown of income and outgoings.

 

Thanks again i think i've read a lot of posts on here and i have confused myself, one thing i can definitely pick up is that the dedicated group of posters who give up their time to assist people like myself who lack a bit of confidence or knowhow to tackle their debt correctly are absolutely gold dust, can't believe i have never been on this forum before now

 

 

[dx100uk]

Anyone that doesnt produce an enforceable agreement in 12+2 working days you stop paying. But thats for us to decide upon.

 

there is no requirement to F&F as youve been cash cowed enough already and no-one bar a judge has any legal right to see nor demand  ANY pers info financial or otherwise.

 

as for tesco..expand on history please

[dogs34]

i'm already starting to feel a bit better about things, i think i would buy you a pint hah

 

the large tesco debt was a loan,

the small tesco debt was a credit card

in total atm i owe them approx 10k.

 

TBF to tesco as soon as i could not honour my original commitment they have been extremely chilled and with no pressure just asked me to pay what i could afford and they froze interest immediately.

 

They defaulted me on the 2nd may 2016 as well. 

Every 6 months they make contact and ask if my circumstances are the same and they just thank me for continuing to make a commitment and renew it for 6 mos. 

 

 

[London1971]

Cripes  you live in Scotland. Statute barred is 5 years there and the debt is extinguished. (in England they are just not allowed to chase it)

 

If you hadn't paid them anything the debt would be dead May '21

 

They should be forced by law to supply a leaflet explaining this when they take over a debt.

 

 

[dogs34]

35 minutes ago, London1971 said:

Cripes  you live in Scotland. Statute barred is 5 years there and the debt is extinguished. (in England they are just not allowed to chase it)

 

If you hadn't paid them anything the debt would be dead May '21

 

They should be forced by law to supply a leaflet explaining this when they take over a debt.

 

 

so from what you read, what would be my course of action just now, i am feeling a bit stupid.

[dx100uk]

Changes nothing as your been blindly paying

follow the advice given

[dogs34]

ok will do thanks

[London1971]

13 hours ago, dogs34 said:

so from what you read, what would be my course of action just now, i am feeling a bit stupid.

Do not feel stupid, these companies take advantage of a massive vacuum of information. This allows them to ‘pretend’ to be bailiffs or courts almost.

 

They have no authority at all, that is the reality