debt advice needed

[zizzyfit]

Hi everyone, I have just registered. I needed some advice on the debt I am in.
I am in 2 months arrears on my secured loan. My loan was for 30k and my monthly repayments are £300 a month.
Unfortunately I was unable to make 2 month's payments and now I am in arrears. It is an un-secured loan, and I am about £600 in arrears. I received a letter from monarch recoveries last week and they want me to clear the arrears. I am able to a pay this months repayment but need to set up an arrangement to pay off the arrears, but I only will be able to afford an extra £20 on top of my usual repayment of £300.
Blemain have charged me around £300 for sending me arrears letters and have added this to my loan, also I had my loan agreement checked and they seemed to have paid my broker a secret commission fee of £300 without my knowing.

Do you think it would be possible for me to bargain with them and ask them to take this £300 for charges and £300 secret commission from the £600 debt I owe?

I really am stuck and do not know what to and any advice will be cool, ta!

[Sapphire]

Re: debt advice needed

Hiya Zizzy,

Can you confirm whether this loan is secured or unsecured as you state its both or am I reading it wrong.

Here's a link Legal Beagles to some Debt Template letters, if I were you I would work out what you can afford, and make them an offer, using one of the letters adapted to suit your circumstances.
Also I would send them a copy of your income and expenditure as well so they can see that you are genuine with your offer.

I'm not sure about this bit though Do you think it would be possible for me to bargain with them and ask them to take this £300 for charges and £300 secret commission from the £600 debt I owe? But in my opinion its worth asking them as you won't know unless you ask will you.

Rembmer though don't talk to them on the phone, do everything in writing and keep copies of all correspondence.

[Amethyst]

Re: debt advice needed

How do you know they have paid this secret commission - have they admitted it in writing?

Wilson v Hurstanger Ltd is the relevant case I believe ref secret commissions.

Have you already written to them with your repayment propsals for the arrears?

[zizzyfit]

Re: debt advice needed

Thanks sapphire & amethyst, my apologies it is a secured loan.


The guy I had check out my agreement sent off for a subject access request on my behalf and he said that the underwriting sheet says that a secret commission has been paid but if I try and challenge Blemain then they could ask me to pay the loan back so guess its a no win situation for me there, he said the most I could do is ask for the secret commission payment back plus interest.

So really its a lose lose situation all round hey. I will however write to them and put forward some kind of repayment plan

[zizzyfit]

Re: debt advice needed

I am being chased for a debt which I am certain that I paid off years ago. I had a ccj against me and was registered, but I do remember paying. The only thing is that I have no proof to show anymore, thrown all old papers away, now I cannot prove to this phone company that have paid. The court said they have no record as it was over two years ago.

Is it possible that if I apply for m credit report/file then maybe if there was a ccj entered against me then this would show up as satisfied, or will my credit file not have record of it also because it more than 6 years old

[Sapphire]

Re: debt advice needed

Hiya

Firstly I would advise you to start a new thread for each Debt ie Zizzyfit v xxxxxxx.

Next thing write to the DCA or whoever is chasing you and ask them for all information about this debt. If they come back and say they have no info then you can send them a Subject Access Request, but you would need to send £10 with it. So to save yourself a tenner just write and ask them for all information that they have, its worth a try and lets see what comes back.

[Amy]

Re: debt advice needed

I am being chased for a debt which I am certain that I paid off years ago. I had a ccj against me and was registered, but I do remember paying. The only thing is that I have no proof to show anymore, thrown all old papers away, now I cannot prove to this phone company that have paid. The court said they have no record as it was over two years ago.

How did you pay?

[zizzyfit]

Re: debt advice needed

Thanks guys I paid through the post office on one of those payment slips, but will not my credit file have any information showing if I had any ccj's and have been paid?

[Amy]

Re: debt advice needed

Did you pay cash? If yes, did you take a lump sum out of your account to pay this CCJ? Or was it a payment made with your debit or credit card?

Your best bet at proving you have paid this is by way of a bank or credit card statement and I wouldn't mind betting that if you rang the bank or credit card company (depending, obviously on how you did pay) they would provide this information without you having to send them a Subject Access Request.

[Emerald]

Re: debt advice needed

Thanks guys I paid through the post office on one of those payment slips, but will not my credit file have any information showing if I had any ccj's and have been paid?

Not neccasarily - the CRA's rely on updates from the creditor.
The CCJ will only show as settled if you pay for the certificate of satisfaction.
I would do as Amy suggested and see if you can find the proof of payment.

[zizzyfit]

Re: debt advice needed

Thanks guys for your help, I believe I paid by debit card, I will have to search through my statements.
If I wanted to get hold of this certificate of satisfaction how would I do this please?

[Amy]

Re: debt advice needed

You will need to file an N443, which will cost you £15 http://www.hmcourts-service.gov.uk/n.../n443_0406.pdf but you will need to prove payment of the CCJ.

However if, as you say at post #5 this debt is more than 6 years old, I am not sure why you would want to do this.

[zizzyfit]

Re: debt advice needed

Thanks amy, I am probably trying to prove that I have paid but am finding it hard to prove and just trying to think of all the ways I can, however I have just been through all my statements and have found the proof that I was looking for and have sent a copy to the critters. Hopefully that will be enough