• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

In trouble with debts due to illness

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • In trouble with debts due to illness

    Hi Everybody,

    I've posted here a couple of time before for certain issues but now need more general advice in where to go next.

    To cut a very long story a bit shorter, I've recently been off work with Leukaemia for 14 months and following a bone marrow transplant I am now back at work (about 3 months in now, and a new job).

    Due to being off work for so long I have spiralled myself in to quite a bit of arrears. Incapacity benefit doesn't cut it when you're used to £20k+ a year and have commitments. I'm lucky in that I don't have a mortgage and currently live with my Mum so rent isn't a major issue but she's on benefits and a pension so needs the extra money. No council tax or utility arrears either.

    I'm having the biggest troubles with Cahoot, I have a personal loan with them with a balance of £6,400 and arrears of £1,350. My normal monthly payments are around £220.

    When I took the loan out I took out PPI with them, this has taken many months to go through and yesterday I finally got a letter saying that they would not pay out as it was a pre-existing medical condition (it was a relapse of the Leukaemia and the loan and PPI were taken out after the first remission and before relapse). I am currently going through the motions of claiming this was therefore mis-sold as I was not asked at the time if I had pre-existing conditions.

    Cahoot have now defaulted my account, though they are willing to hold it until 1.30pm tomorrow (Sat) if I am willing to make whatever they deem to be a 'considerable commitment', the operator was asking for half of the arrears which I simply can't afford to pay to them at the moment while I am just getting myself straight. The woman on the phone was quite stroppy with me and wouldn’t hear any arguments. Apparently themselves and Norwich Union (the PPI) don’t speak and it’s up to me to keep them up to date, and as I haven’t been in contact for so long (ignoring phone calls and letters, pointless to speak to them when I have no money and they won’t listen) they’re not happy at all. The fact I’m trying to sort something out now doesn’t make any difference.

    The thing that really bugs me is that when I started to get in to trouble (not being paid and reserves running out) I called round all my creditors and told them the situation, off ill, no pay, sticky situation. They also knew I was dealing with the PPI to try and claim but ignored this. HSBC (my bank at the time, now moved to Nationwide) even told me to ‘go and get a part-time job’!!

    I also have other arrears, AA Credit card are after £700 for missed payments, charges and arrears. Vanquis want £160 to close the account so I will pay this as I have the money and I figure if I can clear one creditor completely then it is one less to worry about.

    With regards to the AA credit card account, I have asked for a breakdown of charges and am going to claim these back as there are what I believe unlawful charges (£25 a time). So I assume I can send them a letter requesting this back and tell them I consider the account in dispute in the meantime?

    With the Cahoot loan, as I am trying to claim back payments for a mis-sold PPI, can I also do the same and tell them that as far as I’m concerned the amount I owe them is in dispute because it is made up partly of PPI payments?

    Lots more to mention but can’t remember it off the top of my head :o(

    Just had a chat with a manager at my work and he suggests writing to Watchdog, local MP, local newspapers explaining how these companies treat people who have been so ill and unable to do anything.

    Sorry for such a long post, any help will be most appreciated though! :o)

    Thanks,

    Mark.
    Mark.

    Claims in progress:
    Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
    AA Loan - Claiming unfair charges, waiting for CCA..
    AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
    Vanquis - Claiming unfair charges, waiting for CCA..

    The clock is ticking!

  • #2
    Re: In trouble with debts due to illness

    I should probably also mention that my Cahoot loan has stacks of charges on it at the moment, I'm not sure on the situation of claiming back these charges, is it in the same state as bank account charges or different?

    Some of the outstanding for my AA Credit Card and Vanquis Credit Card are charges for late or missed payments and also on a rescheduled AA Personal Loan that is soon to be paid off (or should have been, but I believe payments are behind on this also).

    AA Credit Card were actually just very helpful on the phone, I have paid them £50 as a gesture to show I want to sort it out which they accepted and have suggested I speak to the CCCS and arrange a payment arrangement which they will happily accept. Why couldn't Cahoot be so helpful? Maybe the operator woman had had a bad day!
    Mark.

    Claims in progress:
    Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
    AA Loan - Claiming unfair charges, waiting for CCA..
    AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
    Vanquis - Claiming unfair charges, waiting for CCA..

    The clock is ticking!

    Comment


    • #3
      Re: In trouble with debts due to illness

      Welcome back Macca :kiss:

      Heres an idea for your AA c.card first letter

      Dear AA

      I am writing to ask you to refund to me the penalty charges which you have added to my account over the last XX years.

      I have recently discovered that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

      I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

      I look forward to receiving your response.


      Lots of Love

      xx
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: In trouble with debts due to illness

        Hi Amethyst, and thanks!

        Liking the 'Lots of Love' but at the bottom, I'm sure AA would appreciate it!

        That was along the lines of what was going to them next, I had been following the templates on moneysavingexpert.com, just wasn't sure about putting the account in dispute since they're on my back.
        Mark.

        Claims in progress:
        Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
        AA Loan - Claiming unfair charges, waiting for CCA..
        AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
        Vanquis - Claiming unfair charges, waiting for CCA..

        The clock is ticking!

        Comment


        • #5
          Re: In trouble with debts due to illness

          Cahoot have now defaulted my account, though they are willing to hold it until 1.30pm tomorrow (Sat)


          Are they saying they will default it at 1.30 tomorrow if you don;t pay up half the arrears ?

          Yes I would tell them it is in dispute - if you are reclaiming the PPI as missold you will need to get a letter/fax/email to them tomorrow to stall them till you get the PPI claim underway. Include in that letter your Income Expenditure sheet and your offer of repayment. Needs to be in writing.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: In trouble with debts due to illness

            HSBC (my bank at the time, now moved to Nationwide) even told me to ‘go and get a part-time job’!!


            That is disgusting....no chance they put it in writing ?




            CCCS could help - they will base things on your current income but can help get things frozen and payment arrangements agreed.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: In trouble with debts due to illness

              I was supposed to phone Cahoot by yesterday apparently, so she said it was already in the process of being passed in to default and therefore if I didn't pay at least half right now (she said all of the £1,300 to start with but I said no way could I afford that) then it would carry on getting passed on. Sounds a bit like scare tactics now I come to think of it. I said that I didn't know how much I could pay right at the moment but would call them back which was when she said it had to be by 1.30pm tomorrow and that my offer had to be what she considered a 'considerable commitment' to stop them going further. She said if I could offer this then they'd think of a way of adding the rest of the arrears to my current payments, but that's going to make things worse not better.
              ------------------------------- merged -------------------------------
              And no, unfortunately the HSBC comment wasn't in writing, it was from one of their (barely-English speaking) operators on their debt helpling, which the branch had informed me were very good at helping out with things. Turned out they didn't actually care unless I had money to pay back some of my overdraft, which I obviously didn't as that was why I was calling!
              Last edited by macca; 12th September 2008, 16:02:PM. Reason: Automerged Doublepost
              Mark.

              Claims in progress:
              Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
              AA Loan - Claiming unfair charges, waiting for CCA..
              AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
              Vanquis - Claiming unfair charges, waiting for CCA..

              The clock is ticking!

              Comment


              • #8
                Re: In trouble with debts due to illness

                Ok, just want to run this past somebody before I go ahead and do it.

                My plan is to send two letters to Cahoot tomorrow, one getting a claim in for unfair charges on my account (it's a personal loan account, I'm assuming I use the same letter as bank charges and it's on hold due to the test case bar?) and the other telling them that I consider the account to be in dispute due to these unlawful charges and also the mis-selling of my loan insurance which I have already complained to them about.

                Does this sound like a sound plan?

                I also don't know if I mentioned that I got an e-mail from Cahoot last Sunday informing me that my loan insurance had been cancelled, this about two weeks after I sent the template letter from moneysavingexpert saying I considered it mis-sold. They still haven't formally written to me or acknowledged my complain though. I think they have another week to respond.
                Mark.

                Claims in progress:
                Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
                AA Loan - Claiming unfair charges, waiting for CCA..
                AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
                Vanquis - Claiming unfair charges, waiting for CCA..

                The clock is ticking!

                Comment


                • #9
                  Re: In trouble with debts due to illness

                  On the loan insurance is that because there are unpaid premiums or because of your complaint?
                  I think you need to know.

                  for example what if you found small print that it excludes pre-existing conditions and you had to withdraw complaint? but you may need it for future events? Surely you should have that choice?

                  Is it paid monthly or up front?
                  "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                  "Always reach for the moon, if you miss you'll end up among the stars"


                  Comment


                  • #10
                    Re: In trouble with debts due to illness

                    Well, they didn't say in the e-mail and as I said haven't recevied any answer to my complaint letter yet, so don't know.

                    It was paid monthly, in addition to the loan payments.

                    It does say in the small print that it didn't include pre-existing conditions, and also that it didn't cover me if I was off ill or hadn't been working xx amount of days previously when I took out the cover. Both those conditions were true for me, but I was not asked about either of these when I took the cover out, hence I am making the complain from advice I read on moneysavingexpert.
                    Mark.

                    Claims in progress:
                    Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
                    AA Loan - Claiming unfair charges, waiting for CCA..
                    AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
                    Vanquis - Claiming unfair charges, waiting for CCA..

                    The clock is ticking!

                    Comment


                    • #11
                      Re: In trouble with debts due to illness

                      ok thats a bit clearer - so the fact that you had been not working previously looks like the cover was totally inappropriate - so it would not be of any use anyway . I am not up on PPI but just did not want to se you without any cover if you needed it.

                      As far as i understand (but dont quote me) the PO do a policy with no medical - but just does not include cover for pre-existing conditions . That is clear from the begining - and thats how these things should be clear not hidden. I evev have problems getting holiday ins for MOH as he has sleep aponea and has had tests for liver disease. All I want is a policy that says - ok wont cover that - but will everything else. Why cant they just make thngs simple!

                      I am sure after all you have been through the last thing you need is to have to sort all these sort of things out.It is all about sales not about the person.
                      "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                      "Always reach for the moon, if you miss you'll end up among the stars"


                      Comment


                      • #12
                        Re: In trouble with debts due to illness

                        Thank you scoobydoo, that's very nice. Totally agree, not one care about the person at all.

                        I've just drafted a letter to my local MP outlining my situation and have done copies for the local newspaper, local tv, BBC watchdog and a national newspaper including the Banks I'm having trouble with. In the vain hope really that it will give me some breathing space and some awareness that people who've been seriously ill need some kind of help and not to be just brushed off.

                        In the meantime, can anybody answer about the account in dispute letter and loan charges, I don't want to get it wrong!

                        Thanks
                        Mark.

                        Claims in progress:
                        Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
                        AA Loan - Claiming unfair charges, waiting for CCA..
                        AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
                        Vanquis - Claiming unfair charges, waiting for CCA..

                        The clock is ticking!

                        Comment


                        • #13
                          Re: In trouble with debts due to illness

                          Hi

                          I am not sure about charges on loans I wil check and come back to you . Have you found the "library" section for example letters ?

                          Scooby
                          "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                          "Always reach for the moon, if you miss you'll end up among the stars"


                          Comment


                          • #14
                            Re: In trouble with debts due to illness

                            http://www.legalbeagles.info/forums/...dispute+letter

                            think you may have to adapt this.
                            Last edited by scoobydoo; 15th September 2008, 17:31:PM.
                            "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                            "Always reach for the moon, if you miss you'll end up among the stars"


                            Comment


                            • #15
                              Re: In trouble with debts due to illness

                              hi again

                              Just asked budgie about loans

                              he has said:


                              Actually they are closer to credit cards than bank charges. But treat the same way.

                              Send of SAR and for copy of CCA and just check through CCA to see if they contain any indemnity clauses regarding legal costs etc etc.

                              Most loans should be OK
                              "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                              "Always reach for the moon, if you miss you'll end up among the stars"


                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X