My articles on How to ask for refunds looks at how to make affordability complaints about different sorts of debt - overdafts, loans, credit cards, catalogues, even car finance. It also applies if you have repaid the credit already or if you are still repaying a balance. But what do you do about this month's repayments if you can't manage them? You can't put in a complaint and then carry on … [Read more...]
The 2016 IVA Protocol – what has changed?
In June the new 2016 IVA Protocol was published. It would have be helpful if the Standing Committee had issued a guide to the changes from the 2014 Protocol, but they haven't, so this article looks at the significant changes, ignoring routine updating (such as replacing OFT by FCA) and some which seem to me to be very minor. My thanks to Michelle Butler who wrote about the changes earlier this … [Read more...]
Interest only mortgages and debt advice
The Financial Conduct Authority (FCA), who regulates the mortgage lenders, issued an update in 2018 saying they are still concerned about the number of interest-only mortgages customers will not be able to repay at the end. It said: Since 2013 good progress has been made in reducing the number of people with interest-only mortgages. However, we are very concerned that a significant number of … [Read more...]
Wonga refunds – what happened before administration
This page covered the complaints and refunds process before Wonga went under on 30 August. Events in August 2018 August 4 - Wonga forced to ask investors for £10million in funding as the cost of affordability complaints increases. 26 August - news reports that Wonga was in trouble. Sky News reported that: Directors of the payday lender Wonga could appoint Grant Thornton as the … [Read more...]
Calculate the 8% extra interest on refunds – not easy
When the Financial Ombudsman upholds a complaint about an affordability complaint, the typical award is a refund of interest and charges on the unaffordable credit plus 8% simple interest. This interest can add up to a lot of money if the loans were repaid a few years ago. If you want to find out more about affordability refunds, and how people are winning these cases even when they never … [Read more...]
Varden Nuttall – what happened
Varden Nuttall, a mid-size Individual Voluntary Arrangement (IVA) firm, was placed into administration on 24 March 2016. The administrators discovered that £9million was missing from the client account and evidence of fraudulent practices by Philip Nuttall, one of the insolvency practitioners and a director of Varden Nuttall Limited, In October 2018, Philip Nuttall was found to be in … [Read more...]
Misleading & aggressive debt recovery
A reader asked: My previous electrician has hired a debt collector, Guardian Recovery, to chase me for money for additional works never carried out. He refuses to engage with any meaningful discussion. I have now received an email from Guard Rec saying a notice of default may now be applied to my credit file. Can I actually receive a NOTICE OF DEFAULT on my credit report via a private dispute … [Read more...]
“Can I use the Right to Buy my council house when I have debts?”
A reader asked: I moved in with my parents into their council house several years ago and we are looking into the right to buy scheme. We received the paperwork and it stated that you are not entitled to the right to buy if you owe money to creditors. Five years ago I lost my job and had a relationship breakup and unfortunately got into debt. Two accounts were defaulted and I went into a payment … [Read more...]
How to complete the online bankruptcy application
In 2016, an online Bankruptcy Application was introduced in England and Wales. When you submit the online Application it is checked by the Insolvency Service Adjudicator who makes the Bankruptcy Order. The online application is a huge improvement on the old court forms! As a result, more people are now choosing bankruptcy, see Court-free clickable bankruptcy 'removes stigma'. The online … [Read more...]
How to pay your bankruptcy fees
You can pay your bankruptcy application by debit card or cash. If you are paying by card, you can do this in instalments. The payment methods are all explained in the new online application. I'm going through it in detail here as you might like to understand how this will work but don't yet want to start a bankruptcy application. If you want to know more about the rest of the bankruptcy … [Read more...]
Why the FCA should ban the Compass debt advice model
In March 2016, the clients of Compass Debt Counsellors found out their debt management firm had gone into administration. Many people had thousands of pounds being held by Compass and may not get this money back. In This Compass points to Debt Misery, Legal Beagles points out: "This form of daylight robbery is hugely rewarding because no one ever seems to go to prison for such crime. If I … [Read more...]
Choosing a debt management company – free or pay fees?
If you want a debt management plan (DMP), where your creditors are asked to freeze interest and accept a lower monthly payment, which debt management firm should you use? This article looks at the things to consider. It is a big decision as you are going to have to deal with this company - including discussing the details of your personal expenses and income - for several years. Pick the right … [Read more...]
Joint debt – what happens when you split up?
A reader asked: "I had a joint loan, now sold off to a debt collector. I have been chased by numerous debt agencies for a few years now. The debt collectors have been chasing me solely and causing masses of stress when they should have been splitting the debt and chasing my ex partner as well. I think I have been very unfairly treated!" This is a very common problem. Lots of people think … [Read more...]
Which debt should I clear first?
If you are determined to pay off your debts, then you may have heard of "snowballing" - it's the approach where you pay the minimum to all of your debts except one, which you overpay by as much as possible each month. (If you can't afford to pay the minimums to your debts, snowballing isn't for you - look at A simple roadmap of debt solutions to see what your options are.) But which debt should … [Read more...]
Is it better to consolidate debt or snowball it?
A reader asked about the best way to clear debt: "I owe about 12k and my partner a bit more. We are well paid but we can't rely on the bonuses and we want to get a house as soon as possible. What do you suggest? Preferably easy as we both work long hours - please don't tell me to take sandwiches to work!" First well done on taking the decision to do something about your debts. It's pretty easy … [Read more...]
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