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Need advice please

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  • Need advice please

    Hello All
    I am a newbie to Legal Beagles and I’m nervous of telling you my sorry story but here goes.

    I am 61 and currently have a pension pot of £1156 per month and a part time job which pays approx £600 per month. My house is up for sale as I can no longer keep up the £950 per month mortgage. I can just about meet my priority bills in the short term, including the £1 per month to my creditors, with a little left over for food.

    I have 95K worth of credit card debt obtained over the last ten years. I am in default with 9 credit card companies and after a lot of hassle I am paying them £1 per month – not sure how long they will allow me to do this.

    This level of debt is shocking I know and I cannot justify how I got myself into this nightmare, except to say as a contractor I used credit to maintain my life and pay the bills and tax when I couldn’t get work and then I found was working to service the debt. I have no excuses, I spent the money and I was stupid.

    I also have a personal overdraft with the NatWest for £6,660.37 which I continued paying interest on up until the money ran out in May.

    I am now receiving letters from Incasso on behalf of NatWest threatening court action if I do not pay back the full amount.

    I have received two other letters from them the first of which I responded to by phone. During this they said if I paid in full they would reduce the amount to ££4665. I told them I could not pay and would pay £1 per month. They said this was not acceptable and they would take a charge out on my house.

    I put together an income and expenditure form using the CCCS website and sent it to Incasso with a letter saying I would pay them £1 per month in line with my other creditors and I have made the first payment.

    Yesterday I received a financial statement form from Incasso asking for details of mortgage, property value, bank and building society accounts, car value, employer name and address and asking me to sign to acknowledge liability for the outstanding debt – are they entitled to ask for this information?
    They also wrote:

    It is essential we hear from you within seven days of the date of this letter otherwise the matter will be referred to our legal department for further action. If legal action is taken then it will include a claim to interest before Judgment is obtained and legal costs payable by you. Also, a County Court Judgment registered against you would affect your ability to obtain credit in the future.

    My credit rating is already shot but a CCJ will make it very difficult to rent a flat – if I manage to sell my house. My hope is to downsize and free up some money each month to set up a long term payment plan through CCCS and to offer the £15K equity in the house.

    Any help or advice from you guys would be really appreciated – I know being in debt doesn’t make me a bad person but Incasso are making me feel sick with worry.

    Best regards
    RioRita
    Tags: None

  • #2
    Re: Need advice please

    No you don't give them that information and remind them that you are asking them to return your account to NatWest so that they can deal with you under the Lending Code- Section 9.
    In fact I would probably write to NatWest detailing the financial hardship and asking for help.

    Separately to this I'd be looking at reclaiming any charges on the credit cards plus interest to reduce the overall amount owing.

    Out of interest will the sale of the house clear your debts?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Need advice please

      Hi RioRita,

      Sorry to hear about your troubles, but you have come to the right place and should receive plenty of non-judgemental advice and support from the guys here

      Apart from looking to reclaim any charges on the credit cards as suggested by Leclerc, do you have any PPI at all on those cards? If so there is a strong likelihood that you could reclaim this as mis-sold (as so much of it was!) and this would go towards reducing your outstanding debts.........

      All the best,

      Nellie x

      Comment


      • #4
        Re: Need advice please

        I agree with leclerc's advice.

        Comment


        • #5
          Re: Need advice please

          Thanks everyone for your ideas.
          What is the lending code Section 9?
          The sale of my house will only raise about £15K so will not clear the debts

          Comment


          • #6
            Re: Need advice please

            http://www.lendingstandardsboard.org...endingcode.pdf

            Section 9 is what you need to read
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment


            • #7
              Re: Need advice please

              The first thing to do is to write to Natwest, send the Income/Expenditure form that you have prepared and explain that you are in financial difficulty.

              Ask them for their proposals regarding a repayment plan based on the IE statement provided.

              Don't whatever you do supply the DCA with any information but write to them and state you will only deal with the original creditor.
              Light travels faster than sound. This is why some people appear bright until you hear them speak.

              Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

              Comment

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