various debt after sickness

[akasha691]

Hi, i have been sent here by a friend and i just need a starting place, i have recently returned to work after having cancer, when i was ill we contacted all of our credit cards, banks, loans etc and any other debt liek catalogues and told them so that we could get some help reducing payments, which most of them did. however it meant we defaulted on our Halifax credit cards, we both have one, we agreed with their debt collectors Blair and something, to pay the minimum so that we dont accrue interest charges, fine, anyway i have now returned to work and Halifax sent us a letter the other day saying that that had reviewed our account, even though it had already been done in February 2011, and they decided we could no longer have an overdraft, this was £4,6000, this has left us in serious debt, we had to quickly go and get the money out of all of the accounts, had 2 savings account and 2 bank accounts, i was advised by Halifax they can do this, and that they would remove the facility after 14 days (they still havent its been 1.5months). the girl on the phone said they would take the money from the other accounts to pay back overdraft hence why we removed the money (saving for a wedding in October this year)

 

now the Halifax have said it was because we defaulted on our cards, but they knew our circumstances, it meant all of our direct debits for 2 weeks didnt get paid, i have rung everyone and said sorry, explained what happened and offered to pay once new account set up elsewhere or to look at payment being absorbed.

 

however some have said no, EOS (debt £1375.55 - freemans catalogue) have added collection charges to our account, they have said they will address our situation by a full means tested statement of our income, they will make enquiries about our jobs to have the money removed from wages (i am a civil servant so i have to be careful), they will instruct a debt collector to call round. i have offered to reinstate the £25 s/o i was paying but they want to look at our money etc, can they force me to give this info.

 

FPC (debt £201.04 - capital one card) they say they are taking us to court, when we phoned we were told we shold be more reponsible, when i explained i had had cancer, man said oh well should still pay debts. they will add legal costs etc to amount

 

CCS Collect on behalf of Aktiv Kapital £1127.16 ( i have no idea who they are or who the debt is for, it arrived the other morning, letter is also in an old married name of mine.

 

Fredrickson International ltd - (£30 for they say an old Tesco mobile bill, they are threatening bailiffs) i have phoned and said i have paid this please go back to Tesco and check this, they still sending letters

 

i have also had a letter of a firm sayign they have my credit agreement, they then read out over the phone credit i have, i said i am sure your not allowed that and i was told they could do what they want, they said if i dont pay the bailiffs will come and take my house and my car. this was for an old Kays account, we dont owe any momney but Kays continued to charge us fees because they said i hadnt returned soemthing, it turned out the courier hadnt returned something, i have told this company and they are investigating.

 

i just need to know where to start with all of this, can i complain about the Halifax, i accept its our responsibility but althouth we lived in the overdraft we never went over it.

 

thanks, sorry to waffle on

[alfwithhair]

Sorry to hear about your illness.

I do not have a lot of time at the moment, but will say something that I hope will put your mind at rest about a couple of points

 

Firstly stop talking to any of these collectors on the phone. Their only power is your fear and that is why they want you on the phone to intimidate you, implying concequences that are not going to happen.

 

There will be no bailiffs calling for your house and car, this is total cattle crap.

First they would have to take you to court, win, then you would have to fail to adere to the terms of the judgement, they would have to go back to court, then maybe a judge would issue a warrant, so just ignore this kind of threat.

 

As for visiting your home, this again is just intimidation, they do, on very rare occasions visit, but they have no more rights than next doors cat, just tell them to leave, they have no legal powers whatsoever.

 

I am sure another member will be along soon to elaborate further.

But rearly don't worry about what they threaten, this is their trait to extort amounts you can not afford

[Bazooka Boo]

however some have said no, EOS (debt £1375.55 - freemans catalogue) have added collection charges to our account, they have said they will address our situation by a full means tested statement of our income, they will make enquiries about our jobs to have the money removed from wages (i am a civil servant so i have to be careful), they will instruct a debt collector to call round. i have offered to reinstate the £25 s/o i was paying but they want to look at our money etc, can they force me to give this info.

Well two can play at that game, send these complete fools a CCA request, and inform them that an I&E can "ONLY" be requested and viewed by a Judge, not some circus outfit who is way above their station. If they wish to view your I&E then they should issue court proceedings immediately so a judge can make the necessary order and judgement.

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

FPC (debt £201.04 - capital one card) they say they are taking us to court, when we phoned we were told we shold be more reponsible, when i explained i had had cancer, man said oh well should still pay debts. they will add legal costs etc to amount

The exact same goes for these clowns, send them the same request.

 

CCS Collect on behalf of Aktiv Kapital £1127.16 ( i have no idea who they are or who the debt is for, it arrived the other morning, letter is also in an old married name of mine.

 

Fredrickson International ltd - (£30 for they say an old Tesco mobile bill, they are threatening bailiffs) i have phoned and said i have paid this please go back to Tesco and check this, they still sending letters

IMO I would ignore these two Muppet's for the time being, bailiffs for £30??? Give me a break!

And if Aktiv Cr@pital can't be up front and honest with what and who they are collecting for, then they go to the back of the queue and try again!.

 

i have also had a letter of a firm sayign they have my credit agreement, they then read out over the phone credit i have, i said i am sure your not allowed that and i was told they could do what they want, they said if i dont pay the bailiffs will come and take my house and my car. this was for an old Kays account, we dont owe any momney but Kays continued to charge us fees because they said i hadnt returned soemthing, it turned out the courier hadnt returned something, i have told this company and they are investigating.

As for these ultimate silly silly little children!

You MUST report them to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

AND the FOS http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Utter utter morons, I hope they go to the wall!

You should also get in touch with your local MP and BBC Watchdog, the more the merrier!

http://www.writetothem.com/

 

http://www.bbc.co.uk/watchdog/gotastory/

[akasha691]

wow thanks for your help, to be honest it was all making me ill, which i clearly dont want! i have no disconencted the home phone (dont use it anway and never here to answer it) and i have started keeping records fo everyting sent to me...i will though write to them which is what i need to do, i accept its our debt it was just awful cicumstances which got us here. i have t phone a loan company today we only missed one payment but after their response when i rang i am not holding out on them, they are a subsidary of Halifax so should be interesting, the woman last times said yor credit file wil be effected, i was like love, its too late for my credit file anyway lol

[Bazooka Boo]

Get making those complaints, and stay OFF the phone keep everything in writing.

[harrassed senior]

This is NOT what you want after treatment for Cancer, hope you are now on your way to full recovery.

 

My advice when things get this muddled is first of all do not worry, most if not all the actions they threaten 'might' happen can only occur after they obtain a CCJ, and even then we can deal with that.

 

This is what I would suggest:

 

Firstly maintain regular payments at present, even if it is only £5 per account per month for now - Most judges would frown upon anyone taking Court Proceedings when they are receiving regular payments no matter how small.

 

Sort (and keep) all paperwork (including envelopes) into their relevant piles with their latest missive on top.

 

There are then 2 ways to go:

 

a: start the process of getting them to prove they even have a right to collect payments from you, or

 

b: work out your own I & E see what you have left to cover all priority payments first, and then see what you have left for these debts.

 

If you feel you can comfortably return to the required payments then do so once you have received written confirmation that any defaults registered on your credit files are removed - offer to add an extra amount to your monthly payments to gradually reduce any missed payments.

 

With regard to Halifax, they did this to me, and I told them that as I had only got into debt with them because of their charges (which I proved beyond doubt), they could 'swing' for the outstanding amount of their 'withdrawn' overdraft facility. Now over 6 years and never heard another word from them, (it was, I have to say only a small overdraft amount).

[akasha691]

thansk for your help everyone, some of them dont have any payments ingoing, i am goign to offer them all £5, its all i can afford to be honest, the one who said they had my credit file and read back whats on my credit file is firm called HAMPTONS, not too sure what to do about this because i am sure they should have got my permission first. so what do i send to these companies to find out if they have the right to have the account??

[Bazooka Boo]

Ah, good old Hamptons illegal, or Lowells for their correct name, this will be fun!

 

Read post #3 for the links to what you need to do.

[Happyhippy1959]

Akasha,, good advice from those guy's,,, by the way hope your feeling better.... My God those DCA's are really talking out of there horse's rear.... Let me just put your mind at rest. I work, have my own house negative equity and over 40k of debt... I have been threaten with all sorts but since ex went nearly three years ago I can not afford to pay them back as per agreement. Now, with the help of these guy's I have been paying token payments of a £1.00 some times a little more if I get overtime and this has been the situation for those three years. Until my kids leave school or higher education I am b*llocked,, so to say. Don't pay me maintenance its jail, don't pay me mortgage its on the streets. Yes every now and again these vultures will write and review but hey no change, in fact it's worst...utility bills on the increase and overtime gone. But with the help of these guy's It doe's no longer give me sleepless nights.

 

Now three years NO COURT. NO ATTACHMENT OF EARNINGS, NO BAILIFF'S, NO CHARGING ORDER... AND ALL BECAUSE OF THIS SITE... SO KEEP POSITIVE... BEST OF LUCK

[harrassed senior]

OK - first letter is the 'prove it' letter, you may have already been in correspondence with them, but this will get things 'back to the beginning' so to speak

 

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

Ignore Hamptons and get your own copies of your credit files - if you fill in the online form then print and send, they are £2 each

 

Experian Ltd

Customer Support Centre

PO Box 8000

Nottingham

NG80 7WF

 

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

Call Credit Plc

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

 

Let us know what you get back and we will take it from there

[akasha691]

hi i seem to be having problems opening any links for letters, i have soted some folders out for all of these firms, but i need to send certain letter and the links people have given i cant seem to open them, anyone help

[babydoll0141917]

subbing

[alfwithhair]

hi i seem to be having problems opening any links for letters, i have soted some folders out for all of these firms, but i need to send certain letter and the links people have given i cant seem to open them, anyone help

 

Try that one

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[akasha691]

the CCA letter do i send it to the company i had the credit with or the company who are now chasing me for it???? thanks

[ims21]

Hi

 

Send it to the company who are chasing you, the dca

 

ims

[akasha691]

thanks, i have emailed the finacial ombudsman today abot Hamptons legal who have accessed my credit file through Eperian (or so there letter says so) the ombudsman have told me to register a complaint with the company, i am goign to email them, have set a secret email address up on Hotmail so they can spam it as much as they like, however i dont want to charge in there and not use the right wording. they have said they are goign to use my credit file which they have a copy of to see what other financial committments i have, threatening bailiffs etc, now i know now its rubbish so am not worried but i do need to odge this complaint, any tips on this anyone....need to get it right 1st time

[akasha691]

on another note last night i sat down and worked out our finances the ony thing we have continued to pay is a loan with HSPF home shopping personal finance, when the bank pulled our overdraft we missed a payment, however they have now said they cant do anythign about it, i am in arrears and they will charge me £35 a week charges for the time i am in arrears, i cant see me being able to clear this for ages, and i am strugglign to pay the loan at £430.74 a month, its not due to end till 2013, any ideas, i am goign to write to them and plead my case the next payment is due on 19th of JUne and to be honest i will struggle to find it and will then probably end in 2 months arrears, the man on the phone (i will write next time) said i had to pay it, and wants me to phone every 5 days to tel them when i will bring it back into pay, he offered me to clear the arrears at £38 a month extra but i just dont have it.....any ideas, i am tempted to not pay and then try and get a deal with them, its not secured on anything

[Bazooka Boo]

The HSPF loan if it is not a secured loan then it is NOT a priority, you MUST maintain payments to ALL of your PRIORITY debts/utility bills/rent/etc FIRST. Then the rest of them can have a share of anything that is left over afterwards.

 

As for them adding £35 fee per week for being in arrears, they are clearly deluded, this IS NOT fair and would be dismissed by any court, so ignore that threat.

Of course they can do something about it, it's just they choose not to purely because they know they can make more money off you.

 

If the monthly agreed repayment is too much for you, then YES, write to them and inform them that you are struggling to meet these initially agreed payments, and you will continue to pay them but at a rate you can afford.

 

They will huff & puff, make all kinds of ludicrous empty threats, but they MUST be seen to help you.

 

You will also be wise to send them a copy of your I&E, this will then allow them to see that you are not telling them porkies, which they will accuse you of, BUT you should only send them an I&E form form this site or off here, http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

That will also show you exactly what is going where, if there is something on there that you feel you don't wish to divulge to them, then don't, they have no legal rights to this information, only a court does, but it may help you plea for a reduced payment.

 

Unfortunately NOT paying is NOT an option, as you will be walking into their trap, if you are paying them something, then you are showing that you are still willing to clear this amount, no matter how hard your finding it, and that can even be as low as the token payment of £1 a month.

 

As you have found out, talking to the phone drones gets you nowhere, they read from a script, and have zero human emotions or and compassion for others, all they want is money, and the little darlings work on commission, so it is up to them to imagine and make up the worst possible case scenario they can think to beg & plead you to pay for their friday nights out.

[sillygirl1]

I would also like to add that a company cannot phone your employers and ask for money to be taken from your wages. They would have to have got a CCJ first and for you to default on the repayments, you are a long way off from that happening.

 

If any of the people have put threats in writing to this effect get their letters to Trading Standards via Consumer Direct (http://www.consumerdirect.gov.uk) asap, and to the Office of Fair Trading (http://www.oft.gov.uk). They are all out of line, especially Hamptons Illegal....

[sillygirl1]

What HSPF are asking is unreasonable, you can send them an email every five days stating "Situation unchanged", they are trying to pile the pressure on to make you think they are a priority when they are not.

 

Stay off the phone and keep everything in email, that way you can PROVE that they backtrack and change the goalposts and gives any possible court claim evidence that the company have not tried to come to any arrangement with you at all....

 

Complain about them for the £35 a week charges to the OFT and Trading Standards, it is out of order. Also complain about the Halifax at the same time, if you don't complain they have got the upper hand and will try even more pressurising tactics.

[sillygirl1]

Basic complaint letter template

 

FORMAL COMPLAINT - NAME OF COMPANY

 

On xxx date xxx company contacted me in response to my letter asking for time to pay due to my financial circumstances.

 

They responded as follows (attach letter/email/detail of call as evidence)

 

During xxx I had cancer and am now on the path to recovery, during this time this company xxxxxx xxxxx xxx (whatever they did not do to help) and therefore I now feel that deadlock has been reached. At no time during my illness did I hide from this debt and at no time did I ask for the balance to be written off.

 

This company are xxx xxx (summary of threats).

 

Please can you register the above against them and let me know what outcome may be expected.

 

Yours sincerely

 

for complaints sign your name properly

[akasha691]

i have emailed them but they never reply, so i am goign to have to write to them, i have though cancelled the direct debit because if i dont and it goes out it leaves us in harship, i had already placed all of this in an email to them, but i wil now place it all in a letter, i am goign to offer them half for 6 months lets hope they take that, and i will complain about the charges, because there customer services told me over the phone, that it woud be absorbed into the loan, but the colelctions department said they cant do that and the charges apply, although he said they dont apply if i ring at the required dates, which i cant when its an 0845 number on a mobile, have stopped using the home phone, have actually unplugged it! what can they do if i dont pay? because stopping it means i am not paying, i dont have their details to set up a standing order, which is what i woud like to do, then i have control over payments

[Happyhippy1959]

Akasha,,, please do your income and expenditure, why Half,,,, is that what you can afford.

 

Please as was stated these clowns have no power to do anything, only at a court of law can add attachment of earnings be placed and again only if you miss or renege on the Judgement.

 

If as Bazooka say's a £1.00 is all you can afford then offer a £1.00,,, I have just seen a judgement on here where the court ordered a client to pay £2.00 a month on a £8,500 bill,,, hmmmm and not long ago I read on here that a chap who owed 17 million ( yes 17 million ) was ordered to pay a £100.00 a month. Work out that as a percentage and you would end up paying £0.01 I have rounded it up..

 

I get reviews on my 17 creditors every 6 months or a year. It does not worry me as I state NO CHANGE and send an i.e. I pay a token £1.00 but if I have overtime I split what's left into 17 and they get a little extra. This is to show a judge if it should ever come to court that I am doing my best to pay it off... Big mistake I made was I did not set a side an emergency fund.....and an unexpected toothache left the Hippy having to ask a mate for the money. So that overtime last month did not get split. But I recorded it on my IE and wage slip so I can tell a judge what had happened.

 

WHAT I WOULD NEVER DO IS DISCLOSE PERSONAL INFORMATION. ie Wage slips,,, Value of my home,,, (neg equity anyway) any savings (none) insurance polices, stocks and shares and even some cheeky DCA asked about my NHS final salary scheme,,,, (chancers) This is what it say's PERSONAL to you. Only a Judge can make you disclose those details... Marlins were ace,,, had half a page of financial questions, had Bazooka Boo draft the answers... You can imagine his response.. Must post it up for fun....

 

They are only a DCA or Bank,,,, Your cat or dog has more rights than they do as you have to feed them.... Yes people do try debt avoidance and I am not condoning it, but after the financial fiasco and the write off of billions of pounds because of sheer greed I can understand why some people do say SOD OFF... In fairness some people try to save there credit rating, but I for one will never ever again deal with banks or financial institutions for money.. I will never get another mortgage again so if they ever do make me BR then so be it. But again joint named property, negative equity and kiddies need a roof.. so what can they do... NOTHING BUT THREATEN YOU...

 

DO YOUR SUMS PROPERLY, don't end up like the Hippy did with a toothache from hell for three days....

 

Just keep requesting there standing order details with a letter and certificate of posting and take a copy just in case the judge gets involved which I doubt. These companies don't like Standing Orders because they are not in control.

 

Save the money till they send details,,,, if you have any paying in giro slips that will give the details and just put your account number as reference. Fred's tried that trick on me and some one on this site gave me there details so set it up that way. Just post like does anyone know xxxx standing order details I am sure some one has it.

 

Remember,,, Your in command of your money. You tell them what there getting not the other way round. (simples)

Edited June 8, 2011 by Happyhippy1959

[akasha691]

Hi have sent letters to all now, most asking then to prove they right to collect, one to loan company with payment request and standing order details wanted etc. Then one to Halifax telling them to sod off have offered them £5. Most I will offer a £1 till things are better, have forbidden them all from phoning me and have said they must write or email, although I have not supplied my email address. Thanks though, I don't feel as controlled now by them because I know they could go to court but I am not ignoring debt just waiting on their replies.

[Happyhippy1959]

Well done,,, Court will be the furthest thing on there minds. I owe over 40k and have done for three years now. Can only afford a pound to each and a bit extra if I get Over time... every one at first refused with the exception of Marks and Spencers but in the end it comes down to this...

 

PUT UP OR SHUT UP... Most of mine are from the early 90's, I have not even yet started on the CCA route,,,,, Since joining this site nearly four years ago I have taken one piece of advice to heart

 

IT'S ONLY MONEY AND IT'S MY MONEY. THEY GET WHAT I SAY THEY GET. NOT THE OTHER WAY ROUND. IN FAIRNESS 10 OUT OF MY 17 ARE STILL WITH THE OC. ANY DCA'S WHO TRY TO GET FUNNY GET THE SAME LINE FROM THE HIPPY.. I AM NOT YOUR CLIENT, I HAVE NEVER SOUGHT OR BOUGHT ANY SERVICES, GOODS OR ADVICE FROM YOU. IN FACT I DON'T KNOW YOU FROM ADAM. BUT IF YOUR COLLECTING ON BEHALF OF ONE OF MY CREDITORS HERE IS WHAT YOUR GETTING AND PLEASE STANDING ORDER DETAILS. NO CALLS, ALL IN WRITING. PHONE MY WORK AND YOUR IN BIG TROUBLE.

 

That is all thanks to CAG.

 

And to all those bankers and Vultures who put the country in this mess.... Your nothing, you do nothing constructive you just play poker with our money. you contribute nothing to this society, do you save lives NO, do you build with your hands NO. DO you care for the elderly or mentally ill,,,NO in fact as with Panorama you buy companies that are supposed to run our mental homes and care homes and what happens, your greed continues. You sell the properties to rent back for a quick buck and what happens,,, you now can't pay your landlords. You employ untrained thugs on minimum wage to look after Vulnerable adults and looked what happened.... SHAME ON YOU ALL