This is the problem

[jon1965]

Re: This is the problem

Again m understanding is that charging orders are not that common, and if I remember from what you said, the house is in joint names so you can not be forced to sell up.

[jon1965]

Re: This is the problem

Not sure if a SAR will get what is needed, i.e copies of DN's.
Being someone on a very limited income I would not do it purely because I could not afford it.

Spent how many debts do you have?

If it was me I would send out new cca requests. When I did it I had 23 to send out and while some came back enforceable, some came back UE, two have told me that they do not have the originals but sent a recon, two told me they did not have it at all and would not be chasing and some haven't replied

You will never know until you try
Also you say you suffer a bit with stress and anxiety, well believe me, being able to tell a DCA to go forth and multiply is such a great feeling, you no longer feel you have to jump to their tune

[Spent2much]

Re: This is the problem

All our templates have been carefully worded so as not to acknowledge the debt when you send them in response to their threat-o-grams. As long as you send them as they are, you won't be acknowledging the debt with them, unlike some templates from other sites which haven't been thought out very well.

thats good then and certainly answers my question. thanks flowerpower

[Spent2much]

Re: This is the problem

are there any members who have mortgages on here who have gone down the UE route, because its a big risk when you have a mortgage for the risk of charging orders .

[kilasuit]

Re: This is the problem

we have had defaults on nearly all of our debts, unfortuantley in november 2010 we got burgled and they went through everything including personal papers which had the default letters in and they got scattered all over the passages around where we live and if you remember back in 2010 it was thick snow and we never knew until we went out the back that the personal paperwork had been thrown all over and it was all mush so we couldn't recover it.

There is one main thing that scares us and that is if creditors try for SD and charging orders on the property , other than that we are happy to stop paying them and just keep paying the charge and ccj, petty we never found this site four years ago we might have been nearly there for the statute barred

This may seem like a costly proposition but if you have had something like this happen then maybe a SAR to The Companies that defaulted you may be worthwhile, even if it is for your own records.

Thou that depend on whether you wish to have that paperwork or not?

[kilasuit]

Re: This is the problem

What is statute barred debt?

Statute barred debt is debt which in certain circumstances becomes unenforceable in court. The piece of legislation which sets out these circumstances is the Limitations Act 1980. So when a creditor comes chasing you for an old debt you can use the following information to access whether or not your debt is time barred.
How long can a creditor chase a debt?

This is dependent on the type of debt you have. The most common form of debt which people ask about in our forum is unsecured debts eg credit cards, personal loans, store cards, catalogues, bank loans, finance company loans etc. The Limitations Act 1980 states that when the following conditions are met then the debt cannot be pursue through the courts.

The conditions are:-

• That the creditor has not taken court action against you, eg CCJ, AND
• You have not made any payments on the debt over the last 6 years,AND
• During the years, you haven't written to the creditor acknowledging that owe them money.

As you can see all three conditions must be met in order for the debt to be "time barred". So the answer to the above question is 6 years.

Here you go for SB info

[jon1965]

Re: This is the problem

I am not the expert on this but I understand that to acknowledge a debt it must be done in writing. I do not think you would let it get to court if the debt was enforceable and I can not see any DCA actually going to court if the agreement was UE. The last one I know of cost the claimant many thousands of pounds in costs and Di Mayhew made it into the national press.

Anyway I am off out from under my bridge, catch you later

[Spent2much]

Re: This is the problem

question please.
When we stop paying the creditors and send of cca's , this starts the 6 years process of them becoming potentially statute barred, how can this be done if we have to defend any threats or court action creditors might take, this would be acknowledgment of the debts which negates the right of statute barred debts ?

[ScabHunter]

Re: This is the problem

do we send cca's to all the other creditors including the overdraft accounts which have been sold onto dca

I personally would if they have been sold to DCAs. Their employees are not the sharpest knives in the drawer, and I have seen cases where they have suddenly gone quiet after such a request has been sent.

It probably won't happen, but you never know unless you try.

do we send a cca out to capitol one who have never passed our account onto a dca

Definitely. You would be unlucky if that one came back EN.

one of the debts is an orange debt which has been sold onto a dca

Oh bugger. Is that cell phones? Cell phone contracts are not covered by the CCA 1974 at all. Better wait for advice on that one from one of the flash cell phone heads on the forum. I've never even owned such a thing.

Send the request for everything else, though.

SH

[Spent2much]

Re: This is the problem

Just a word of caution, like life there is no guarantee that the debts will be Statute barred.
First they have to be UE
Then you have to avoid paying or acknowledging them for 6 years

However until you send out the cca requests you will never know.

On top of that there is more than one way to skin a cat, have they followed all the correct procedures etc , defaults are a common mistake, not that you tell them until you absolutely have to

we have had defaults on nearly all of our debts, unfortuantley in november 2010 we got burgled and they went through everything including personal papers which had the default letters in and they got scattered all over the passages around where we live and if you remember back in 2010 it was thick snow and we never knew until we went out the back that the personal paperwork had been thrown all over and it was all mush so we couldn't recover it.

There is one main thing that scares us and that is if creditors try for SD and charging orders on the property , other than that we are happy to stop paying them and just keep paying the charge and ccj, petty we never found this site four years ago we might have been nearly there for the statute barred

[jon1965]

Re: This is the problem

Just a word of caution, like life there is no guarantee that the debts will be Statute barred.
First they have to be UE
Then you have to avoid paying or acknowledging them for 6 years

However until you send out the cca requests you will never know.

On top of that there is more than one way to skin a cat, have they followed all the correct procedures etc , defaults are a common mistake, not that you tell them until you absolutely have to

[Spent2much]

Re: This is the problem

you made it sound easier thank you ScabHunter, at the moment we have been freating about paying the mortgage and that is the most important payment so we are going to stop the payments to payplan and send a payment to the ccj and charge which frees up £44 per month towards the mortgage.
We realise this is a fight but it will be worth it in the end and 6 years from now our debts could be statute barred

do we send cca's to all the other creditors including the overdraft accounts which have been sold onto dca and also do we send a cca out to capitol one who have never passed our account onto a dca , one of the debts is an orange debt which has been sold onto a dca do we send them all one each ?

[ScabHunter]

Re: This is the problem

you don't ... avoid holidays because the plane *may* crash.

You certainly don't, that's for sure!

SH

[ScabHunter]

Re: This is the problem

we have had so much trouble with all their harassment in the past

And they will no doubt harass again. Now you are here, you will find the most effective way of dealing with it.

we are somewhat loathed to rock the boat

If you don't rock it, it will probably sink. How much longer can you keep paying £76 a month on alleged debts which may be unenforceable while you struggle to keep the roof over your heads by making the mortgage payments?

If the mortgage fails and you lose your home, will the DCAs you've made donations to offer you somewhere to stay?

we just need to level it in our heads and prepare to repel boarders.

Take as long as you need, because mental preparation is vital. Read some threads in the UE diaries section and see how other people have coped.

Also, see if you can find someone who has regretted the choice they made. I can't.....

The second we stop paying and they receive the requests for the CCA's knowing our luck they will send SD

That is an emotional reaction and not a logical one. The banks/DCAs which you are dealing with are known quantities, and very few of them are trigger happy with SDs.

The only exceptions are Crapquest and Worst Crudit. Both are known to issue frivolous SDs which can usually be set aside as they are an abuse of process. WC were officially warned by the OFT in 2010 and there is a theory that they have cleaned up their act. Based on recent events I remain to be convinced, but the owner of this forum has contacts within their organisation and has successfully helped other posters deal with their unwarranted aggression.

If anyone was serious about making you bankrupt, they would be utterly insane as there are no assets to be divided up. Any SDs you did receive would be frivolous and could be set aside.

there is still the chance they will take court action isn't there ?

There is always a chance that alleged creditors will take court action, no matter what you do. The chance will be far less if you challenge the paperwork and the alleged debt becomes unenforceable than if you just keep giving them money unnecessarily through Payscam.

All you are achieving by giving them donations is to push the potential statute barring date ever further into the future.

SH

[jon1965]

Re: This is the problem

No
When a debt is UE it means it is legally unenforceable, therefore providing you do not ignore threats all will be well.

when UE you do not acknowledge the debt and after 6 years they are legally statute barred.

As for telephone calls, all you do is send the telephone harassment letter and insist all communication in writing

Easy