Advice needed please

[Calabi]

Hi there, I need some help/advice please I've just moved into private rented house after 5 years of moving around a lot and I've started to get letters from debt collectors
1- capital one for a citibank credit card
2- lowell for a home shopping account and o2 phone
3- advantage for an old water bill
This is so far...
I'm not sure what I should do as obviously I've not acknowledged these debts nor new i owed them up until now.. I'm not in a position to offer any payment plan on them as I don't work and my partner is currently on esa, what should I do

[Calabi]

Re: Advice needed please

Just a quick update I've received a letter from citibank dated 10/10/14 stating that effect of the 23/01/2009 they assigned my contract to 1st credit finance but then I received one dated 15/10/14 from 1st credit introducing themselves to me and basically trying to make out that this is a new debt to them how can this be?

[Kati]

Re: Advice needed please

How many debts?
Do you know what any of them are/were for?
How long ago did you last pay towards or acknowledge any of them?

Any extra info you can give us will help with advising you.

K x

[Calabi]

Re: Advice needed please

I'm not sure on how many debts the four I've listed have not had any payments or have I acknowledged them for the past 5 years as I've had no fixed abode up until now
Currently now have a natwest credit card which has not had a payment paid since June 2013 and living in my overdraft...

I presume the ones from years ago Are for things that where in my name but my x husband originally said he'd take care off but obviously decided he wouldn't so they are now chasing me for them
And the natwest debts are due to my partner being signed off from work last year due to illness so we are currently living on benefits

[nemesis45]

Re: Advice needed please

You would be well advised to check your credit files, then you will be prepared for what else comes through the letter box.
Doing this will also give you an idea of how old your debts are, who now owns them, how much is outstanding and the default dates on the debts.
The main CRAs Equifax and Experian have free 30 trials Call Credit has a free always offshoot called Noddle.

If you go for the trial options make sure you cancel by post and phone well before the 30 days expire or you will automatically be signed into a subscription.

For the 4 debts you now have make a separate file for each one, keep all letters + the envelopes and copies of anything your write it will be easier to manage the debts.
Do not be persuaded to telephone DCAs, you will be bullied into making offers you cannot afford.
Have you made a request (CCA request) under section 77/78 of the Consumer Credit Act 1974 to see if the debt collection agencies can produce a valid agreement?

The is a £1 statutory fee payable for this and the DCA's have 12 + 2 Working Days to comply, use a cheque or postal order clearly marked " for statutory fee only".

Doing this Is Not an admission of liability for the debts.

[Debt Camel]

Re: Advice needed please

Check your credit records so you will get a feel for what the debts are, when the defaults were and what the total is.

How large is the recent natwest credit card debt? And your overdraft?

If you don't expect to be working in the next year, then there may be a case for considering a Debt Relief Order or bankruptcy.

[FlamingParrot]

Re: Advice needed please

Just a quick update I've received a letter from citibank dated 10/10/14 stating that effect of the 23/01/2009 they assigned my contract to 1st credit finance but then I received one dated 15/10/14 from 1st credit introducing themselves to me and basically trying to make out that this is a new debt to them how can this be?

Was this a credit card or an overdraft? Have you checked your credit file to see what default date appears on there? :confused2:

For the 4 debts you now have make a separate file for each one, keep all letters + the envelopes and copies of anything your write it will be easier to manage the debts.
Do not be persuaded to telephone DCAs, you will be bullied into making offers you cannot afford.

This is very sound advice, everything should be kept in writing, however, in this case where the OP hasn't paid in 5 years or so, it would be very unwise to make ANY OFFERS of repayment, especially in writing, as that would acknowledge the debt and restart the clock. :clock: :scared:

Have you made a request (CCA request) under section 77/78 of the Consumer Credit Act 1974 to see if the debt collection agencies can produce a valid agreement?

The is a £1 statutory fee payable for this and the DCA's have 12 + 2 Working Days to comply, use a cheque or postal order clearly marked " for statutory fee only".

Doing this Is Not an admission of liability for the debts.

This would only apply to the CrapOne card and the home shopping account but not to the O2 contract or the water bill as neither mobile contracts nor utilities are credit agreements. A prove it letter could be more appropriate in this case. :typing:
The letter can be found here: http://www.legalbeagles.info/forums/...835#post478835

Hi there, I need some help/advice please I've just moved into private rented house after 5 years of moving around a lot and I've started to get letters from debt collectors
1- capital one for a citibank credit card
2- lowell for a home shopping account and o2 phone
3- advantage for an old water bill
This is so far...
I'm not sure what I should do as obviously I've not acknowledged these debts nor new i owed them up until now.. I'm not in a position to offer any payment plan on them as I don't work and my partner is currently on esa, what should I do

[FlamingParrot]

Re: Advice needed please

Check your credit records so you will get a feel for what the debts are, when the defaults were and what the total is.

How large is the recent natwest credit card debt? And your overdraft?

If you don't expect to be working in the next year, then there may be a case for considering a Debt Relief Order or bankruptcy.

Both are forms of insolvency which should only be considered as a last resort. Personally I wouldn't consider them for the types of debts mentioned here, especially since they only have one more year to run before going SBd. :scared:

Although you normally get discharged after a year, the insolvency stays on record for 6 years, which would start from the date the BR or DRO order is made, not the default date. That means till 2020 or 2021!!!

The presence of a BR or DRO on record can affect you in many ways, even more so than a CCJ, for example when it comes to finding work or private tenancies, not just credit.

As for not working for a year, Income Payment Agreements usually last for 3 years and once you go for a formal solution such as BR or a DRO, you have a duty to inform the Official Receiver of any changes in circumstances such as more income or any money you receive from any other source, failing to do so constitutes a criminal offence. :incourt:

The criteria for a DRO is very restrictive, no more than £300 worth of assets and a vehicle worth no more than £1,000. Making yourself BR will co$t you over £700 and some of your assets may have to be sold. Neither solution is what you'd call a quick fix.

[Debt Camel]

Re: Advice needed please

Both are forms of insolvency which should only be considered as a last resort. Personally I wouldn't consider them for the types of debts mentioned here, especially since they only have one more year to run before going SBd

That would be why I enquired how large the recent credit card debt and overdraft are. If they are high, then a DRO / bankruptcy could get rid of them and at the same time sort out all the older debts.

As for not working for a year, Income Payment Agreements usually last for 3 year

They arent applicable at all for a DRO. And if you don't work for the first year of bankruptcy an IPA will not be imposed before you are discharged after 12 months, after which it can't be imposed at all.

[Calabi]

Re: Advice needed please

Hi thanks for the advice so far the recent overdraft is for 1500 and the credit card is also around 1000 I'm struggling to do anything online at the moment as only using an old mobile phone to access the Internet on...
I did wonder about going down the dro route as I don't own anything my partner owns the car which is the only thing worth anything...
I'll try and get a look at my credit file and will let you know what it says

[Calabi]

Re: Advice needed please

Finally managed to get on my credit file via noddle.... Most of the default dates are either 09/10
There are a couple of other debts I didn't know about on there but funny enough the debt capital one are chasing isnt showing up at all so unsure why that is
The other worrying thing is that I have a ccj against me dated 7/3/10 for 211 which I have no idea what this is for