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**Riberaclass** · 28 August 2010, 20:54

Re: What to do?

Many thanks Andy - as I had only just found the old site when it changed I began to panic. I reaslise it's very early days but I am a bit of a worrier anyway & have to feel I'm 'in control' of things - even when I'm not.
I'll be OK when thing have started to happen & realise it's going to get worse before it gets any better. I just feel like abit of an idiot to have got into this mess in the first place & v.grateful for your kind words. regards RL

**enoughisenough** · 29 August 2010, 08:23

Re: What to do?

I'd just like to echo what Andy says... they take ages to do anything, although they will probably bombard you with incredibly official looking letters and may well call you a fair bit.

If it helps you to put your mind at rest, look into the alternatives - contact the Consumer Credit Counselling Service and maybe the other charities and talk to them about your situation. They won't be able to advise you on Unenforceable agreements and probably it's best not to talk with them about that! They'll make you put together a household budget - which I have to be honest, it's something we all need to have!

It's hard to trust people you don't know, but the people on here have no vested interest in getting any money from you, unlike your creditors! Good luck!

**Riberaclass** · 30 August 2010, 10:29

Re: What to do?

Thanks enoughisenough & hantsandy for your kind replies. I just really wanted to know if I should start to send the first letters re EU to the cards that I've now not paid or should I just leave it till I start & get the letters? I wanted to ask Nidd what I should do about the cards that are obviously post 07 as I presume that I would stand no chance of getting them EUed??. I also didn't know if it was worth writing to the Bank re the overdraft before it actually goes over the limit to start & neg a repayment? I've almost finished moving my stuff to a new Bank so I could do this then. I thought if I contacted them before the threats & excess charges started I'd have more of a chance?? Probably not knowing the banks! I've got to go away this weekend to sort out an elderly aunt who lived 500 miles away so was just trying to see if there is anything I should do before I go. I do appreciate your kindness to a newcomer to the site when you all appear to know each other well!! regards RL
PS to hantsandy - here in the frozen north the August bank holiday does not exist!!

**Never-In-Doubt** · 30 August 2010, 10:33

Re: Riberaclass UE Diary

Hiya

Sorry for the delay as you can see i'm kinda pre-occupuied building a website and forum so UE stuff is on hold for a week as per last message on BALWI....

To answer you though, stop worrying ok - even the post 07 ones, send a CCA Request off - do it to them all and forget paying - cease payments to each and every one of them. Thing is, after you determine which is UE and which are enforceable, we then look to go into a DMP for the enforceable stuff whilst the UE is forgotten about.

Just cos they are post 04/07 does not change much, other than they can get a CCJ without being blocked by s.127 - basically my signature (the orange text) is irrelevant for post 04/07 agreements.

Does that make sense?

Also, I filtered the start of this forum and changed the same to your diary - if it does not have diary in the title I will not check it, so I changed it for you. ;30

Now calm down, chill out and enjoy the rest of your b/h... stop stressing ok?

**Never-In-Doubt** · 30 August 2010, 10:35

Re: Riberaclass UE Diary

Regards to your overdraft, you should be sorting out a repayment plan if you can.....

Bear in mind, it can also be carried into a dmp which you will need (at the end of all this) so you could wait, then just claim all charges back after.... but that is up to you..

Also, ensure you do not bank with any of the creditors listed or they will use right of set off and dip into your bank account to repay their debts so open a basic account somewhere neutral like co-op. ;F-

**enoughisenough** · 30 August 2010, 10:59

Re: Riberaclass UE Diary

Originally posted by never-in-doubt

Regards to your overdraft, you should be sorting out a repayment plan if you can.....

Bear in mind, it can also be carried into a dmp which you will need (at the end of all this) so you could wait, then just claim all charges back after.... but that is up to you..

Also, ensure you do not bank with any of the creditors listed or they will use right of set off and dip into your bank account to repay their debts so open a basic account somewhere neutral like co-op. ;F-

Quick one on this particular issue of right of set off - if you have an overdraft and it's maxed, plus a card or loan with the same bank... can they just lump the whole debt into your overdraft (which remember is maxed!) and then you have to pay the lot even if you can prove UE for the regulated products??? Hope this is relevant and not too much like hijacking another's diary!!!

**Riberaclass** · 30 August 2010, 11:16

Re: Riberaclass UE Diary

Thanks for that Nidd - I just had a 'panic' moment & felt completely overwhelmed by this - still I'm sure now with all your help we can get through. V. sorry to harrass you I realise you are very busy. I'll get the letters off before going to sort my Aunt out & see what is here on my return. regards RL
PS As we live in the frozen north there is no Aug Bank Hol here!
PS2 Love your photo! Very cool.

**Never-In-Doubt** · 30 August 2010, 11:41

Re: Riberaclass UE Diary

Originally posted by enoughisenough

Quick one on this particular issue of right of set off - if you have an overdraft and it's maxed, plus a card or loan with the same bank... can they just lump the whole debt into your overdraft (which remember is maxed!) and then you have to pay the lot even if you can prove UE for the regulated products??? Hope this is relevant and not too much like hijacking another's diary!!!

Hiya

RoSo does not apply when an O/D is maxed or the resulting RoSo would make you exceed your o/d nor would it apply to benefit payments in/out of an account.

So, to reiterate the only exception is if you're on benefits and/or already maxed out on o/d. Yea some do still do it and make you exceed the o/d but you simply write and and reclaim and argue your case.

**Never-In-Doubt** · 30 August 2010, 11:43

Re: Riberaclass UE Diary

Originally posted by Riberaclass

Thanks for that Nidd - I just had a 'panic' moment & felt completely overwhelmed by this - still I'm sure now with all your help we can get through. V. sorry to harrass you I realise you are very busy. I'll get the letters off before going to sort my Aunt out & see what is here on my return. regards RL
PS As we live in the frozen north there is no Aug Bank Hol here!
PS2 Love your photo! Very cool.

Hiya

haha - you're a little too far oop north! I thought angelic was the furthest north we had, til I remembered where you'd moved to - you're nuts woman! ;LOL

Love my photo, aaaw thanks - but not cool haha (as the kids would say!) ;EEK

**Riberaclass** · 31 August 2010, 10:29

Re: Riberaclass UE Diary

Thanks for that Nidd!! Yes I know we mad but we've been trying to sell for 18 months & get out of here. I cannot post on this site what I feel about the 'locals' as I would prabably be done by the race relations act but believe me what they say about up here is all true! Even going to sort out my Aunt re hospital/care home is a joy to get away. Ho hum - that'll teach us! regards RL

**Never-In-Doubt** · 31 August 2010, 10:33

Re: Riberaclass UE Diary

Hiya

Aaaaw don't worry, you'll be fine. I know what it's like living with weirdo's nearby, i'm like a council boy living in one of the nicest area's in Leeds - the locals can't handle it when I say things as it is.... for instance, in the local some woman was asking if she was ok for a "oldie" - I told her yea, she was - to a blind man or immigrant ;EEK

Ermmm, lets just say she wasn't overly impressed - did I care? Nope, just carried on taking the pish out of her snobbery! I have a bigger house than her yet she calls me riff-raff - oh really? Sucker!! Her face when I told her that it was her tax that paid for it - what a sight!!! (joking naturally)

haha - I love it.... farmer inbreeds I tell you, they are here anyway - they are descendants from Norfolk, they must be cos they have dodgy eyebrows and odd fingers (usual inbreed types)

**Riberaclass** · 31 August 2010, 18:00

Re: Riberaclass UE Diary

That's really funny Nidd - we used to live in sunny surrey & they were a bit like that there!
I was reading through the other threads today & someone was asking how to stop agents coming to your house & you advised what to do - I was thinking that up here as there is no such thing as trespass so presumably anyone can turn up at your door (time to buy a vicious dog) & there are other strange laws up here as well - is this going to cause us other problems or are regulations to do with debt UK wide???
At least you made me smile today & the sun is actually out!!
Thanks again RL

**Never-In-Doubt** · 3 September 2010, 00:44

Re: Riberaclass UE Diary

Originally posted by Riberaclass

That's really funny Nidd - we used to live in sunny surrey & they were a bit like that there!
I was reading through the other threads today & someone was asking how to stop agents coming to your house & you advised what to do - I was thinking that up here as there is no such thing as trespass so presumably anyone can turn up at your door (time to buy a vicious dog) & there are other strange laws up here as well - is this going to cause us other problems or are regulations to do with debt UK wide???
At least you made me smile today & the sun is actually out!!
Thanks again RL

Hiya

Of course trespass is a law up there - its a worldwide recognised law lol... you cannot just enter anothers property without permission, once asked to leave you must do so or it becomes trespass - technically, if there is no law then you could just pull out your farmer shotgun and blow the sucker away.... now there's a novel idea ;Hmm ;Hmm

Seriously, we'll worry about that as and when and if necessary i'll learn scottish law just for you - happy?

2

**Riberaclass** · 3 September 2010, 09:23

Re: Riberaclass UE Diary

Thanks Nidd - I presume that you've perfected the art of never sleeping to get all this done & live a (normal?) life as well! Off this weekend for a week or so to sort out (madish) Aunt - the joys of growing old. At least I'll be back in England for a while. Will try & get to internet via Library to see how you all are getting on. regards RL
PS Hope Miss Nidd is on the raod to recovery.

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