Announcement

**Never-In-Doubt** · 13 September 2010, 01:20

Re: next step?

Hi

why have you gone down this route? If they have already defaulted you then leave it - let sleeping dogs lie and after 6yrs it will all be gone (Statute Barred) - If you've not posted anything yet then don't!

I can't advise much right now til I know whether you're saying you have or are planning to send letters..... you should consider UE as well.... see here: ---> viewforum.php?f=13

**findingaway** · 13 September 2010, 13:04

Re: next step?

Eek!! ;F-
So far i have sent reclaim letters to
mbna - paid up acct(still waiting for reply)
barclaycard - owed £414 but not defaulted(had £306 reclaim accepted)
capital one -defaulted (still waiting for reply)
sainsbury's x 2 - defaulted (they accepted claim)

i've sent insurance claims to
rbs, mint & virgin(all defaulted)
not made any other claims or sent any letters to ol or dca's

i've sent ppi miss-sell claim to
mbna (but i'd closed this acct in 2006- paid in full)

not done anything about
sainsbury's loan, egg card & 4 mobile co (all defaulted)

I thought from reading the mse forums i was doing the best thing by reducing my debts as much as poss through reclaims & then offer F&F, just wondered if i'd been better doing it other way round. I take it you think i'm best doing nothing & wait until they're statute barred? Please can you advise as could still do that for the ones i've not done anything about? If i don't get accepted under my sickness cover will the fact i've claimed be seen as an acknowledgement if i only wrote to the insurer's? Can you clarify the situation re statute barred for the 3 in default i've claimed for?

Wish i'd found you first ;F-

**findingaway** · 13 September 2010, 13:06

Re: next step?

Hi again

Meant to ask, what is UE? What do I do?

Thanks

**Never-In-Doubt** · 13 September 2010, 23:54

Re: next step?

UE is unenforceability - see here: --->>> viewforum.php?f=13

**findingaway** · 14 September 2010, 10:36

Re: next step?

Hi again,
Thanks i'll try & absorb UE later. Are you able to give any further advise to the questions i asked in post before UE question?

**findingaway** · 15 September 2010, 13:23

Re: next step?

Hi
Right well the reason I thought not to leave those dogs is although they sleep a lot, they've been known to circle me with their gnashers showing, so worried that they'll pounce & rip me to shreds (well a ccj anyway). Then off course they'll sleep a while & then another pack will attack a while later lol

I'm finding I smile a lot now thanks to you guys! In the 70's we got into trouble after my husband got made redundant & I wasn't working as had small children. We were only 20 at the start of it, & consolidated to get rid of the debts only to realise we couldn't afford payments (you think the interest is bad now - not anywhere close to those seemingly unregulated days) then the threats came & we paid what we could to the loudest barks but still ended up with ccj's & not all at the same time either, so we entered an at least 10 yr phase of a demolished credit file (although we didn't have a clue what that meant!) Anyway once bitten have tried so hard to never go back to those dark days, but hey here I am all those yrs later but a lot older & a teeny bit wiser but still the same scardey cat til I found forums lol.

In the last mth my journey has bee at a fast pace
1) Decided I really need to face my demons, so added up both our debt - around 35K EEK!! First thought was to hide again but been through enough lately so thought if i could get proactive might help me become strong again. So I rang CCS & an appt was made for 1 week later.
2) In that week found the forums & because I couldn't believe I'd ever be able to repay 35K thought IVA may be the answer for me. Soon realised it wouldn't as I would maybe be told to remortgage at 60, don't think i'd get one but didn't want to worry for 4 yrs either! As I said earlier we've got 2 BTL properties. One is in neg equity at mo & the other has at most 30k equity. We'd hoped at the end of the term there'd be enough to repay the equity we'd released which was 15k dep each for the 2, plus have some for my husband's pension.As we used 30K from remortgaging our home on interest only, we really need to repay the deposits back into ours so knew at this stage we need to find another way. Some forum members made me feel guilty on that other site for even daring to think about trying to not lose everything in order to pay my debts .
3) CCCS couldn't help as we have a deficit until we've repaid all mortgage debt (dec) but advised to offer £1. I was on the forums 24/7 though at this point so decided to try the reclaim/ F&F route 1st. Started to feel empowered when I was adding up the amounts I'd get reduced. Then started wondering if I'd be best to offer F&F as & when I could firstly then reclaim so i'd get the money to offer another F&F, repeating when I could. So whilst looking for answers heard about NID.
4) Halted sending anymore letters, read UE not understood 100% but listed mine (will also add my husband's debts). I have heard uf unenforcibility from reading a story in the papers that someone had been taken to court for repossesion & the judge threw it out as it was unenforceable & it meant the couple had no mortgage debt! I thought that you had to go to court etc,
5) Don't know what happened in my sleep but woke up this morning with what I think is 100% knowledge of UE (hope I'm right)
Here goes.....
If I find something in the CCA that makes it unenforceable - I don't have to pay anything more! The hounds can do as much howling as they want BUT they can't take me to court, they've already done their worse & got a default!! After 6 yrs the default will drop off. 6 yrs after I paid a penny they become SB, so not only will the defaults drop off - the debt can never be enforced. That applies to all my cc/loan defaults, just the ones I've had succesful claims ones will now have to start again as acknowledged so they'll not be statute barred until 6 yrs from now.
AM I RIGHT??
Also I have to find out if they are UE, if they are I sit tight with a grin on my cheshire cat face, if not, I can restart thinking about offering F&F. I couldn't understand why none of these accts, despite the threats, had never gone to court, just got passed on - maybe it's cos they knew the debts they were chasing was UE!
HAVE I GOT IT???

**Never-In-Doubt** · 16 September 2010, 06:18

Re: next step?

Originally posted by findingaway

Here goes.....
If I find something in the CCA that makes it unenforceable - I don't have to pay anything more! The hounds can do as much howling as they want BUT they can't take me to court, they've already done their worse & got a default!! After 6 yrs the default will drop off. 6 yrs after I paid a penny they become SB, so not only will the defaults drop off - the debt can never be enforced. That applies to all my cc/loan defaults, just the ones I've had succesful claims ones will now have to start again as acknowledged so they'll not be statute barred until 6 yrs from now.
AM I RIGHT??
Also I have to find out if they are UE, if they are I sit tight with a grin on my cheshire cat face, if not, I can restart thinking about offering F&F. I couldn't understand why none of these accts, despite the threats, had never gone to court, just got passed on - maybe it's cos they knew the debts they were chasing was UE!
HAVE I GOT IT???

Yes you are right, basically you've got it worked to a "T" - well done. As you have reclaimed from some, you've reset the SB clock to 6yrs from date of reclaim.....

Regards to what to do next, yep - apply for the CCA (plus send £1) then wait and see what comes back, email to me and i'll then confirm if UE or not. If so, you ignore them as they can take no formal action (or if they try then you apply for set-aside quoting s.127 - my signature). If they are enforceable, you blag it and pretend they are not until you actually get court papers served (if at all, not all will follow this route) and then agree to a monthly payment plan or F&F settlement out of court, instead of defending the court papers.

Make sense?

**findingaway** · 16 September 2010, 22:49

Re: next step?

Yes crystal clear! Not gonna beat myself up for doing it wrong way round - not the first time I've made mistakes & sure it won't be the last lol - but at least the defaults will all drop off when they would have, just SB take longer but I can live with that! keeping my fingers crossed re insurance claims though.

I'll send the CCA letters off this next week.
i've defected to unenforcibilty thread now, just to reduce any confusion lol

**findingaway** · 16 September 2010, 23:19

Re: next step?

Oh before I forget, I meant to ask you if a CCA request was the "prove it" letter I've seen people talking about on the other forum?

**Never-In-Doubt** · 17 September 2010, 21:32

Re: next step?

No go to templates and it's number 1 in the unenforceable templates. I can't link cos am on iPhone.....

**findingaway** · 20 September 2010, 11:15

Re: next step?

Hi all,

I've just been checking my credit file to see if the 2 sainsbury's reclaims have been taken off the amount yet. They haven't & they are both with DCA's.

I've remembered seeing something about if it has been bought by a DCA I can request the cash instead ... I don't wish my money to go to a third party, but can't find it in a search, so now not sure where I saw it. Can anyone let me know if it's true? If it is, would it be ok to ring the no sainsbury's gave me "if they could offer further help"?

**Never-In-Doubt** · 21 September 2010, 04:19

Re: next step?

Originally posted by findingaway

Hi all,

I've just been checking my credit file to see if the 2 sainsbury's reclaims have been taken off the amount yet. They haven't & they are both with DCA's.

I've remembered seeing something about if it has been bought by a DCA I can request the cash instead ... I don't wish my money to go to a third party, but can't find it in a search, so now not sure where I saw it. Can anyone let me know if it's true? If it is, would it be ok to ring the no sainsbury's gave me "if they could offer further help"?

The DCA will not have full assignee rights to the debt and so will usually pass back to the lender to deduct reclaim amounts from the overall balance owing. Its done like this to stop people trying to get a cash-back deal which technically, the banks see as wrong! They would I s'pose.....

But in theory, you'll find the account will be passed back to the lender who will, if successful, deduct all charges agreed from the actual account in question unless that leaves a positive sum in which they would then refund you or use it to offset ;EEK

**findingaway** · 21 September 2010, 16:29

Re: next step?

Thanks Niddy

According to paperwork Sainsbury's sold these 2 accts - 1 to Hillesden, the other to Cabot & in the letter claiming I was treated fairly blah blah, they said the money would be paid to the agency. It's just I'm sure I read somewhere about being able to request it paid back to you if the debt had already been sold on. Maybe just wishful thinking...

**findingaway** · 23 September 2010, 11:13

Re: next step?

Hi ;Hi1

Just wanted to check I'm ok to do NOTHING with this at mo other than file!

Got a letter from apex today re their client RBS - just bog standard " instructed by RBS after prev attempts by other agencies" (Last letter was from AIC in April) goes on to say " this is potentially your last oppurtunity before further action will be cosidered" So saying nothing I've not heard before.

Only reason I'm checking on this is I have filed a claim for sickness cover on the ppi (via the ins co) over a week ago now so should be hearing from them shortly, don't know if that's triggered the change of agency.

Thanks

Announcement

next step?

next step?

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment