WannabDebtFree UE Diary

[WannabDebtFree]

Hi Guys
I am new to the forum and would like your help please and apologies for the longwinded post!

About five years ago I got myself into a bit of a mess and subsequently got into debt owing on my credit cards and a mobile phone bill. I moved address as I was working abroad for a while and fell behind with payments and could no longer pay.

I returned to the UK a couple of years after and three years after moving from the address where the debt was racked up I received letters from Lowells saying I owe £3,000 on an O2 bill (yes, you read correctly, I don’t know how it managed to reach to this or why they let it! I asked them to send me a copy of the bill and it was used while I was away but still) and £1,200 on a Cap1 card.

I didn’t know what to do and felt scared of debt collectors turning up at my door esp. as I was living at my parents’ house. I am paying them off at £30 a month and have been doing so since end of 2009 but since reading a lot of these posts I think I may have been too hasty to do so as I am seeing other information about CCAs etc.

I also recently received a letter from Bryan Cart saying I owe £895 on a Natwest credit card which has been passed onto them and again I have agreed to start paying £20 a month as they phoned my work and it was all too much stress.

I have checked my credit report on Experian (550) and have defaults with Lowells and Bryan Carter all registered in 2007 for the above debts so I have 1.5 TO 2yrs until they are wiped off. I also have one registered by another DCA (Cap) in 2007 for another credit card but they have not contacted me yet.

Can you please advise? Have I just messed up totally and there is nothing I can do but keep paying these DCAs so suck it up? Or can I still try and argue some point even though I have been paying them so far.

Also what should I do re the DCA that has not contacted me which I also have a default for if they contact me?
I have another year and a half to pay on a loan which I have been paying for nearly 6 years and am managing with that and just trying to get back on track but they are all coming out of the woodwork (my own fault I know!).

[swanfan]

Re: Defaults and DCAs

In order to help can u provide some information as asked for here--> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

One post per credit card/loan.

Thanks, Swanny

[WannabDebtFree]

Re: Defaults and DCAs

Thanks Swanny, supplied below.

Type of account: Cap1 CC
Date commenced: 2004
Approx balance: £800
Date last paid: June 11
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA - Lowells

Type of account: phone O2
Date commenced: 2005
Approx balance: £2,100
Date last paid: June 11
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA - Lowells


Type of account: Natwest CC
Date commenced: 2004
Approx balance: £895
Date last paid: July 11 (this was the first payment to DCA last payment to Natwest was in July 09)
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA – Bryan Carter

Type of account: Sky CC
Date commenced: 2005
Approx balance: £4,000 (was £3,000, interest is still seems to be accruing)
Date last paid: Nov 06
Are you on arrangement or not paying: Not paying
Status: Default 2007
Account owner: DCA – Capquest – no contact as yet

[swanfan]

Re: Defaults and DCAs

Niddy may have a different outlook on this but the Sky card is not far off from being statue barred (6 years from last payment).

The other 2 cc balances are quite low, so maybe worthwhile continuing to pay these.

Mobile phone contracts are exempt from the CCA but as u have been defaulted Niddy would give the best advise here.

[WannabDebtFree]

Re: Defaults and DCAs

Thank you for your prompt response. Yes, the Cap1 and Natwest are fairly low so I am not so worried about them anyway, it is the stress of Capquest contacting me after so long that I am worried about. I am aware, as you say it is nearly statute barred but do not want the harassment. The phone bill is a really annoying one too!

[swanfan]

Re: Defaults and DCAs

They are nothing to be worried about.

Being in debt is not a crime, remember that.

You'll be fine, just listen to what Niddy says, he will help u.

[Never-In-Doubt]

Re: Defaults and DCAs

Type of account: Cap1 CC
Date commenced: 2004
Approx balance: £800
Date last paid: June 11
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA - Lowells

With respect to this, Stop payments immediately and send this to Lowells (with the £1 cheque): CCA Request

[Never-In-Doubt]

Re: Defaults and DCAs

Type of account: phone O2
Date commenced: 2005
Approx balance: £2,100
Date last paid: June 11
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA - Lowells

This is wrong. Stop paying this immediately and send this to Lowells (with a £10 cheque): Subject Access (SAR) - Advanced Request

They'll probably come back and say you need to send it to O2 but after this length of time, really it is Lowells you need to provide you the info - this is wrong and we will be looking to drop this right back down to the level it was at prior to your leaving the UK....

[Never-In-Doubt]

Re: Defaults and DCAs

Type of account: Natwest CC
Date commenced: 2004
Approx balance: £895
Date last paid: July 11 (this was the first payment to DCA last payment to Natwest was in July 09)
Are you on arrangement or not paying: arrangement
Status: Default 2007
Account owner: DCA – Bryan Carter

Ok, regards to this how much did you pay Bryan Carter? Stop payments immediately and send this to Bryan Carter (with the £1 cheque): CCA Request

[Never-In-Doubt]

Re: Defaults and DCAs

Type of account: Sky CC
Date commenced: 2005
Approx balance: £4,000 (was £3,000, interest is still seems to be accruing)
Date last paid: Nov 06
Are you on arrangement or not paying: Not paying
Status: Default 2007
Account owner: DCA – Capquest – no contact as yet

Ignore this. If and when they contact you, we'll argue it then - thing is, these were issued by BarclayCard who are notorious for not keeping the agreements - lets wait and see, do not make any contact with anyone regards this but keep us updated if they contact you....

[Never-In-Doubt]

Re: Defaults and DCAs

Hiya

Hopefully the above should make sense, I am basically suggesting we fight O2 for a full refund/dropdown in balance to the original debt; we'll then look to settle this debt and the capital one debt and possibly the natwest one. Basically, you should never have made contact with these muppets - however hindsight is a wonderful thing, so do the above and keep us updated.

DO NOT speak to them on the phone or respond to any threats they may send without speaking to us here first, we'll keep you on the straight and narrow and sort this for you.

Any questions, ask away

[Never-In-Doubt]

Re: WannabDebtFree UE Diary

I have moved this thread, and renamed it, into the unenforceability diaries section which is best suited for it.

[WannabDebtFree]

Re: WannabDebtFree UE Diary

Thanks for your response Niddy, very helpful!

Only one problem which I omitted to put in my original post is that I have just left the UK again a couple of weeks ago due to work and will not now return until Apr next year. I do not have a cheque book with me so cannot send cheque. My post goes ot my parents and they send it once in a while. Is it possible to correspond with them by e-mail and pay the amounts to mention (£1 and £10) in any other way or shall I just keep paying, wait until I return and do all you mention then?

I have just made a first payment to Bryan Carter this month by DD as I knew I was leaving the UK for a while and did not want the harassment at my parents' door.

[Never-In-Doubt]

Re: WannabDebtFree UE Diary

Thanks for your response Niddy, very helpful!

Only one problem which I omitted to put in my original post is that I have just left the UK again a couple of weeks ago due to work and will not now return until Apr next year. I do not have a cheque book with me so cannot send cheque. My post goes ot my parents and they send it once in a while. Is it possible to correspond with them by e-mail and pay the amounts to mention (£1 and £10) in any other way or shall I just keep paying, wait until I return and do all you mention then?

I have just made a first payment to Bryan Carter this month by DD as I knew I was leaving the UK for a while and did not want the harassment at my parents' door.

Oh, miss the most important thing out why don't you

Ermmm, I cannot advocate payment sorry. I am sure you can get a £1 (& £10)cheque from someone in the UK to send off for you, no?

[WannabDebtFree]

Re: WannabDebtFree UE Diary

Lol - yeah, sorry!

I am going to try to. A bit of an embarrassing situation really so didn't want anyone to know but I am going to see if someone can send off the letters for me and a cheque also.

What if they send the info within 12 or 40 days? It may be a little while before I get my post. They wont be knocking on the door will they?

I really appreciate all your help, I wish I had come across your site a long time ago!