Debt: don't trust this devious offer of help

Harvey Jones
by Lovemoney Staff Harvey Jones on 23 April 2012  |  Comments 10 comments

Unscrupulous debt management firms piggybacking on the back of free debt charities have come under attack from the Office of Fair Trading. But is it enough?

Debt: don't trust this devious offer of help

If you’re in financial trouble, you must be wary about anybody who offers to give you help. Why? Because there’s a good chance they’re not looking to help you, but themselves.

Scores of private firms are targeting people in debt by using terms like “helpline” and “debtline”, giving the deliberately misleading impression that their help is free.

It isn’t. You will pay a heavy price for it, which is the last thing people with money worries need. Especially since you can get superior help from reputable organisations - and it won’t cost you a penny.

Misleading names

Your phoney friends often trade under misleading names that are remarkably similar to reputable not-for-profit charities and government bodies.

They are particularly keen to trick you into believing they are linked to National Debtline, which actually IS a free, charity service available to all.

If you Google the term ‘national debtline’ you will be directed towards a host of fake ads trying to trick you into contacting a fee-charging service rather than the free one.

Now why would they do that? I think you can guess.

What’s in a name?

The Money Advice Trust, the charity that runs National Debtline, is understandably angry about this. This public-spirited body is keen to help people with debt problems, but too many are picked off by greedy private companies instead.

It has just released some screen grabs showing just how closely ads on Google mimic the real thing. Some were taken six months ago, one as recently as last week.

Several lure the unsuspecting with the slightly-misspelled web address Nationaldebtline.co.UK [sic] or the phrase “National Debt Advice Line”, then direct you to a site run by a profit-making company.

Others claim to offer “Government approved debt services” or even “Government debt help”. Or they may piggyback off reputable money-saving websites by using phrases such as Money Expert.

When “free” isn’t free

I’ve taken a look at some of the fee-charging debt advice websites and they all have one thing in common. They don’t say anything about their fees. Not a word.

Some even claim to offer “Free no obligation advice”, an offer that will only extend to the initial phone call.

In fact, most don’t offer any debt advice at all. They simply harvest your details and sell them on to a private company that will charge a fat fee for setting up an individual voluntary arrangements (IVA) or debt management plan.

They typically won’t display a registered office or postal address either. Many don’t even offer a phone number. You contact them by completing an online form, and your details are then sold to the highest bidder.

No genuine debt charity will ask you to complete an online form setting out how much money you owe and how many creditors you have.

Your false friends will.

False friends

Once you have been passed on to a commercial debt company, it will typically draw up a monthly payment plan designed to appease your creditors.

Debt charities such as National Debtline may do pretty much the same, but all your payments will go to your creditors. With a private company, as much as half will be snaffled in fees.

This is money you simply don’t have to pay.

Many of the sites claim to protect you against your creditors. But who will protect you against them?

Charity begins with charities

Actually, the Office of Fair Trading is doing its best. It has just launched a crackdown on private companies who falsely claim they are offering free, impartial, charitable help.

That’s a step forward, although you have to ask why they’ve being allowed to get away with it for so long. This isn’t exactly a new scam.

Unfortunately, these companies will still be free to tour for business. The only difference is that they will advertise their services in a slightly less misleading way.

And thousands of people will fall into their clutches every year.

Help!

If you’ve got debt worries, it’s simple to avoid getting ripped off. Just make sure you call the real National Debtline. You can also get free, high-quality specialist advice from charities Consumer Credit Counselling Service, Citizen’s Advice and Christians Against Poverty.

It takes a lot of courage to own up to debt problems and seek help. Anybody who is brave enough to do that deserves a lot better than being conned by a fee-charging debt management service.

If you’re in debt, you need help from somebody. But not just anybody.

More on debt:

You could lose your pension if you don't pay your bills

Debt: ten money mistakes we hear every day

Why Coronation Street doesn’t help those in debt

Right of offset: how the bank can take all of your wages

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Comments (10)

  • rsharp
    Love rating 8
    rsharp said

    2 points:

    1 - "If you Google the term ‘national debtline’ you will be directed towards a host of fake ads..." - I think the ads are real, but misleading.

    2 - "the slightly-misspelled web address Nationaldebtline.co.UK [sic]..." - I don't think this is misspelled, as it takes you to the same site as the genuine link provided.

    Happy to be corrected / shouted down on either of these points and a good, informative, article nonetheless.

    Report on 24 April 2012  |  Love thisLove  0 loves
  • EleanorF
    Love rating 10
    EleanorF said

    If you want to consider all free debt advice options, including one focussed on small businesses, this page on the government's website it helpful as it has about 9 links to different free advice sites as well as a debt guide. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/PlanYourWayOutOfDebt/DG_187500

    Report on 24 April 2012  |  Love thisLove  0 loves
  • hopefultom
    Love rating 44
    hopefultom said

    Excellent article

    On a point of information, my local Citizen's Advice Bureau ( Bolton ) has stopped accepting new cases for a minimum of 7 days, due to cuts in funding & the necessity to clear a backlog of 1,500 cases.The proposed funding cuts could result in staffing levels being reduced by 60%. I fear that this is a scenario which is likely to be repeated in many other areas.

    Report on 24 April 2012  |  Love thisLove  0 loves
  • CuNNaXXa
    Love rating 374
    CuNNaXXa said

    What annoys me more than anything is that WE pay our taxes for our government to protect us. If they cannot stop these gits from misleading us, how can they possibly stop terrorists?

    It doesn't matter what the scam is, whether it is misleading adverts for debt advise, builders who flout, repeatedly, planning laws and building control, or companies that use foreign call centres to bypass laws regarding data protection, our government is impotent.

    I actually find it ironic that they can kick out a foreign football hooligan, yet they cannot kick out a terror suspect.

    Human rights? What about the rights of the people who have been fleeced by companies set up purely to mislead.

    Someone once said that nice people get nowhere in life, whereas those prepared to sacrifice their morals progress. Ask any MP whether they would have progressed to parliament if they had been nice and honest, and most of them would have to admit they wouldn't, or they would lie and say 'yes'.

    Report on 24 April 2012  |  Love thisLove  1 love
  • Offa
    Love rating 40
    Offa said

    very good article and shows how eveil Google is. T must be the biggest money -grabbing-immoral organisation on the planet. They helps all the sca, merchants out there and pay no tax in th eUK. But no doubt some one will know another.

    Sadly , will those that need to know find all this out?

    When at work, in a council as Head of Finance, I would not allow my staff to deal with these merchants that set up debt schedules with my debtors. I insisted my staff deal only with the debtor personally as the debtors was being fleeced by the debt merchants and the more money they took the less was availbale for the council.

    Report on 24 April 2012  |  Love thisLove  0 loves
  • The Bank Manager
    Love rating 74
    The Bank Manager said

    I commented in a recent blog about this and I try my best to give customers as much information, hoping that how I phrase my statement, deters them from using one of these fee paying 'services' (there's an oxymoron, if I ever saw one!).

    Regrettably, I cannot come out and say it straight off the bat, but I'll do my best to explian the pro's (CAB, CCCS & National Debtline) against all these Con's. Yep they are a bunch of....

    Report on 29 April 2012  |  Love thisLove  0 loves
  • charles125
    Love rating 52
    charles125 said

    I've accessed CCCS myself and they are excellent and totally free. Their debt remedy allows you to anonymously (anonymously being the important word here!) enter your debt and budget details online, and a debt solution will be recommended to you. Their budget pages will suggest suitable amounts for your household if you are unsure . You get a code to re-retrieve your details at any time, and you can save and print off all or parts of your remedy pdf. You need to re-visit debt remedy within 90 days or you will have to start afresh. there are also sample letters for you to send to your creditors. If you part own a property and/or have a partner earning over £15,000 pa, you will have to negotiate a voluntary payment option with each card company and to get interest and charges stopped (even though it is your debt, not your partner's). If neither of these apply (ie no property ownership/mortgage and no partner earning more than £15,000 pa), CCCS will negotiate with companies and set up a monthly payment for you, in which case you make just one monthly payment and CCCS distribute it amongst your creditors. Whether you have to negotiate or CCCS is able for you, you only pay what YOU can afford each month, which can in some cases be as little as £1 per creditor per month. If you have a partner, split all household bills and expenses pro rata according to your own income when sorting your budget.

    Hire purchase and bank loan/overdraft problems are much more difficult to deal with as either goods can be reclaimed or money can be taken from your bank account without your permission. If utility bills are not paid your water, gas and electricity can be cut off. If council tax bills are unpaid, you will be prosecuted with hefty fines and costs. if mortgages get too far in arrears, houses/flats/apartments will be re-possessed and if this looks likely to occur you must contact your council as soon as possible to get on their housing waiting list. It is vital to prioritize bills that are most essential to pay and put credit card debts last of all in priority.

    It is important to get all of your debts under control as soon as you can.

    Most importantly it is absolutely vital to write to or phone card companies, banks and loan companies as soon as severe financial difficulties start, to see what can be negotiated. Personal visits to the lender might be fraught with pressure tactics by the lenders, and if you find the same over the phone, put the phone down and continue negotiating in writing. You may have to persist and write several times before some card companies will agree a voluntary plan and drop interest and charges. Some card companies agree straight away. It just depends which companies you are dealing with. make it very clear each time you write that if interest and charges keep being added your debt is increasing with you having no means to pay any of the interest and charges. If they still refuse, and your budget is really tight, lower your initial payment offer per month to just £1 per month and you should find they at some point agree to stop interest and charges. You can also in writing revoke permission for debt collectors or bailiffs from approaching or entering your property, stating that this would constitute trespass. It won't stop bailiffs with a County Court warrant if a CCJ is issued against you eventually, but will prevent a great deal of potential harassment.

    If harassed by phone calls for extra payments over and above what you can afford, put in writing to them that you are only prepared to deal with them in writing. If they persist, threaten them with the financial ombudsman.

    Remember companies can ask you for more but they CANNOT insist on more that you can afford to pay. You will get some frightening looking letters, even saying they can take you court within two weeks if you don't pay extra but in most cases especially with card companies they will not do so as long as you are on an agreed payment plan. You MUST make the monthly payment for what you can afford each month or you have broken the terms of the voluntary payment plan. Make payments by standing order, not direct debit over which you have no control. If need be ask their customer service department for the payment account details to set up a standing order, and insist if you have to as they cannot refuse payment by standing order.

    Other tactics they employ are 'passing' your debt to an in-house collecting agency (owned by them!). Google if not sure! If they actually sell your debt on , you (or CCCS if this applies) will have to re-negotiate a payment plan with the new company, though exactly the same rules apply. It can also appear frightening as minimum amount due each month adds up on statements; but after around about a year, they will just issue summary statements annually or every six months detailing your repayments.

    You should update your creditor with revised budget and income details every 6 months (or annually if they allow this), and if your circumstances change eg you are re-employed, you must tell them straight away.

    Lastly remember it is not a crime to be in debt, if matters go eventually to Court, it is a civil case. And do NOT as in do NOT get further into debt while you are on 'only what you can actually afford' payment plans.

    Report on 30 April 2012  |  Love thisLove  0 loves
  • Offa
    Love rating 40
    Offa said

    Charles 125 says the Council will 'fine you' for unpaid Council Tax. This is rubbish . The councils will certainly want the court costs on taking teh case to magistrates court but that is not a fine. It is , of course, better to get a payment schedule together with them before the case comes up to court and avoid costs.

    Actually , mots councils are staffed by intelligent people who generally loathe the debt management companies that exploit poor people. I know, as I am a retired Head of Financial Services at a district council.

    Report on 30 April 2012  |  Love thisLove  0 loves
  • charles125
    Love rating 52
    charles125 said

    Don't know what council you worked for, must be some very small and unimportant council. All the councils I know take the most drastic action they can to recover Council Tax and Costs, including sending in bailiffs and getting long-term Council tax defaulters imprisoned. You haven't by any chance fallen out of space from another planet have you?

    I agree that they can't actually fine people directly for non-payment of Council tax, but it can result in the debtor being held in contempt of court for which fines AND imprisonment are possible indirectly.

    Council tax is a priority payment and must be paid high up any debtors list of essential bills to pay.

    If installments are not paid on time the local authority has powers of recovery.

    If the Council Tax due is not paid then the Council can take the following action:

    1) REMINDER – The local authority will send a reminder if any Council Tax payment is overdue. If payment of the installment is made within seven days of the issue date no further action will be taken. If payment is not made the right to pay by installments is forfeited and the full amount of Council Tax will become due in a further seven days.

    If the claimant has genuine difficulty in paying they should contact the revenue section of the local authority as soon as possible to try to arrange payment or assistance.

    1) SECOND REMINDER – If a second reminder is issued in a financial year the liable person will become liable for the whole of the outstanding balance following a third failure to pay.

    2) FINAL NOTICE – If a third failure to pay occurs a final notice will be issued. The liable person forfeits the right to pay by installments. The final notice will inform the liable person(s) of the amount that is owing and that the local authority will be seeking a LIABILITY ORDER.

    3) SUMMONS – To obtain a LIABILITY ORDER the local authority must apply to a magistrate’s court for a summons to be issued to the debtor.

    The summons instructs the debtor to appear at magistrate’s court and explain why they have not paid. The debtor does not have to attend and the hearing may take place in their absence. The debtor will be charged with the costs of issuing the summons.

    If the amount owing plus costs is paid the local authority cannot proceed with the application for a liability order. Some local authorities may accept an agreement to pay (usually by direct debit) even at this stage. In some circumstances the local authority may be persuaded to relinquish their costs.

    4) LIABILITY ORDER – A LIABILITY ORDER may be granted to the local authority that giving them the power to:

    a. Obtain financial information about the debtor and therefore assess the best means of recovery action

    b. Make an attachment of earnings

    c. Make an attachment order on an elected members allowances

    d. Apply to the DWP for deductions to be made from the debtors Income Support, JSA or Pension Credit

    e. Use bailiffs to seize the debtors goods (also known as distress)

    f. Apply for a charging order against the dwelling in respect of which the debtors liability arose

    g. Apply to bankrupt the debtor (if they are an individual) or to wind up the company (if the debtor is a corporate body)

    h Hold the debtor in contempt of Court if it is felt the debtor is well able to afford to pay, and the debtor persistently ignores Court instructions to repay outstanding Council tax. This latter can - and often does result in very hefty fines and imprisonment.

    Report on 30 April 2012  |  Love thisLove  0 loves
  • charles125
    Love rating 52
    charles125 said

    Need to add that the biggest problems come from 'voluntary' defaulters with Council tax - and most Councils are much more sympathetic with those unable to afford to pay than they are with the deliberate non-payers! Can't pay is one thing.Won't pay is something else entirely!

    Report on 01 May 2012  |  Love thisLove  0 loves

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