This is the problem

[Spent2much]

Re: This is the problem

There is an option.

If the debts were taken out before 2007 there's a good chance that they will be unenforceable. That means that you won't need to pay them, though obviously you'll still have to pay the charge and the ccj. That would still leave you with an extra £44.34 a month.

all of them taken out before 2007 .

[Spent2much]

Re: This is the problem

If they're UE they can't take you to court so they can't get charges on the house.

this is sounding better by the second , how do i go about this please ?

[PriorityOne]

Re: This is the problem

I would really like to lower the payment but i am scared the others will go more charges on the house

Now that you've found us, that's highly unlikely....

all of them taken out before 2007 .

Excellent!!

[Spent2much]

Re: This is the problem

It wouldn't hurt to send out a CCA request to all those creditors who haven't got a CCJ or a charge on your home.

They have 12+2 days to respond.

Once you get the CCAs back you will be in a much better position to make a decision based on how many of them are enforceable (if any). It will cost you just £1 plus postage, send a cheque or Postal Order - if sending cheque don't use your real signature, a PO gets around that problem but will cost you an extra 50p each.

Send the requests by recorded delivery and sign them digitally using a computer font.

Once you receive them you send them to Niddy and see what he has to say.

Don't send them to those creditors who've obtained a CCJ as the judgment supersedes any agreement you had.

so do i stop paying the others then apart form the ccj and charge and then send off for CCA ?, i think 1st credit sent their CCA back to us but my husband thought iwas bodged with our signitures on it from when we signed for the loan which was originally with citibank .

It's taken me a long time to go through paperwork and now that i have , it isn't the joint loan which 1st credit have which we recieved the bodged CCA back from , it was my husbands citi credit card and Niddy has seen this and says he thinks its UE .

[Spent2much]

Re: This is the problem

Also, capitol one haven't sold on the debt, halifax and lloyds have to their so called solicitors, littlewoods was index then it was sold on. jd williams was originally simplybe. iqor lewsi group and moorcroft are all dca who bought the debts.capquest is a dca and cabot dca .

[Spent2much]

Re: This is the problem

Start by sending this with £1 ---> Our Templates | Unenforceability Templates | CCA Request
as per my post above ---> allaboutFORUMS - View Single Post - This is the problem --->

we sent cca's off to 1st credit who eventually sent us their copy of the cca, when we got to court the judge told us that the cca makes no difference as we owe this money and basically said we have to pay it back , but the judge cancelled the statutory demand .

[ScabHunter]

Re: This is the problem

all of them taken out before 2007 .

That is exactly what we needed to know.

If I was in your position I would get 23 CCA requests sent off as soon as possible and get out of that useless DMP. That is 23 minus the ones which you have already sent. How many of those were there and what came back?

You say you would go BR tomorrow if you had the money, yet you are worried about more charges against the house? That is illogical, as in BR the house would be lost anyway.

When you are in a DMP such as Payplan, you have no protection against a creditor taking legal action. I have even seen cases where Payplan have asked for court papers to be sent to them, and then they have filed admissions!

Creditors are far less likely to go to court if they are in default of a ss.77-79 request, or if they know the case is going to be defended and the agreement is unenforceable.

I would read some of the UE threads which FP linked to earlier, before making any firm choices, but sending off those requests looks essential. How you make logical choices if you don't know what your situation is? Even in the worst case scenario, you would at least get a payment holiday which would make it easier for you to keep the mortgage payments up to date.

SH

EDIT – More crossed posts. Email the agreements you already have to Niddy so he can see whether or not they are enforceable. As for the others, the catalogues will almost certainly be unenforceable, Crap One is a very good bet, Lloyds and SCaM are most likely to sue if you don't get the CCA sent off, Moorcroft are useless, Crapbot and Crapquest are dangerous, the probability of unenforceability will depend on who the original creditors were. No point speculating. I would send the requests off

[Spent2much]

Re: This is the problem

That is exactly what we needed to know.

If I was in your position I would get 23 CCA requests sent off as soon as possible and get out of that useless DMP. That is 23 minus the ones which you have already sent. How many of those were there and what came back?

You say you would go BR tomorrow if you had the money, yet you are worried about more charges against the house? That is illogical, as in BR the house would be lost anyway.

When you are in a DMP such as Payplan, you have no protection against a creditor taking legal action. I have even seen cases where Payplan have asked for court papers to be sent to them, and then they have filed admissions!

Creditors are far less likely to go to court if they are in default of a ss.77-79 request, or if they know the case is going to be defended and the agreement is unenforceable.

I would read some of the UE threads which FP linked to earlier, before making any firm choices, but sending off those requests looks essential. How you make logical choices if you don't know what your situation is? Even in the worst case scenario, you would at least get a payment holiday which would make it easier for you to keep the mortgage payments up to date.

SH

i suffer anxiety and panic and court and creditors frighten me, the reason why i said would go bankrupt tomorrow is because i'm sick of fighting now its been going on for four years and its made me quite ill and i guess the bankrupcty would be an end to it all .

[Spent2much]

Re: This is the problem

I don't understand this, 1st Credit served you a SD and you went to court to have it set aside instead of waiting for them to peitition your BR, in which case they would have to pay the fees rather than yourselves.

If you are 100% convinced BR is the solution there are ways to get help with the fees, we have another member in exactly the same situation.

payplan advised us to defend it so we took their advice

[ScabHunter]

Re: This is the problem

i suffer anxiety and panic and court and creditors frighten me, the reason why i said would go bankrupt tomorrow is because i'm sick of fighting now its been going on for four years and its made me quite ill and i guess the bankrupcty would be an end to it all .

That, of course, adds another dimension to it, and only you can decide what is right for you. If there is hardly any equity in the property, and you would be happy enough to move somewhere else and pay rent, then BR may be a sensible choice. After all, your health and your life are more important than bricks and mortar.

Maybe a charity could help you raise the fees to go BR, if that was what you decided to do? I've seen it happen before.

The only thing I would say is that if you decided to try UE, you would always have the option to go BR at any stage in the future if you felt it wasn't working out, or you felt overwhelmed. UE does not have to be a full commitment.

It is as well to realise from the start that UE is no easy road, and with that amount of creditors you are going to be batting away a lot of silly threats and having to keep on top of a lot of communications. We are always here to help, of course, and starting a UE diary would make it easier for both yourself and the rest of us to keep everything up to date.

Whatever you decide, AAD will be right behind you, and will always be here.

SH

[Spent2much]

Re: This is the problem

I have a letter from black horse which says they have sold the debt onto capquest and i have another letter from capquest saying the account has been sold to them.Both came on Saturday

[Spent2much]

Re: This is the problem

That, of course, adds another dimension to it, and only you can decide what is right for you. If there is hardly any equity in the property, and you would be happy enough to move somewhere else and pay rent, then BR may be a sensible choice. After all, your health and your life are more important than bricks and mortar.

Maybe a charity could help you raise the fees to go BR, if that was what you decided to do? I've seen it happen before.

The only thing I would say is that if you decided to try UE, you would always have the option to go BR at any stage in the future if you felt it wasn't working out, or you felt overwhelmed. UE does not have to be a full commitment.

It is as well to realise from the start that UE is no easy road, and with that amount of creditors you are going to be batting away a lot of silly threats and having to keep on top of a lot of communications. We are always here to help, of course, and starting a UE diary would make it easier for both yourself and the rest of us to keep everything up to date.

Whatever you decide, AAD will be right behind you, and will always be here.

SH

thank you i am so pleased i found this site its the best forum with the most positive attitude from members that i have seen, i have been on others and have felt judged and even told i should be ashamed at how much debt i and my husband are in , even with our mortgage provider we were told it is our fault that the banks are such a mess .

[Spent2much]

Re: This is the problem

My husband is going to read through the UE threads and go from there, he went to court 3 times as i would panic lol , but he is stronger than me and he said if there is a way to prove the debts UE then he is willing to give it a try .

[Spent2much]

Re: This is the problem

You can look at all the options, as ScabHunter says above, UE doesn't have to be a lifelong commitment, you can decide to go BR at any time even if you've started pursuing UE.

May be an idea to look at both options in parallel. BR is not always as simple as it sounds, it's worth finding out the ins and outs of it to the last detail because, unlike UE, once you start the BR process, there's no going back. Take a look at the BR board and the questions others have asked as well as the links below. Feel free to post any BR related questions you may have, there are quite a few bankrupts on this forum who have answers to many of them.

Bankruptcy Explained - allaboutFORUMS

~ Look here first - Bankruptcy Help ~ - allaboutFORUMS

Some can and can't do's in bankruptcy - allaboutFORUMS


We don't do that here, never!

It is THE BANKS' FAULT THAT WE ARE IN SUCH A MESS, not the other way round - some of us used to work in the financial sector and know a bit about what they have been up to. Just look at the latest Barcraps scandals!

And your debts are by no means the highest, some here owe £100k ++

thank you i knew straight away it was a forum with people who care and just want to help others . I do feel relaxed here and there is also the chance of a good laugh too , its very well balanced

[Pixie]

Re: This is the problem

thank you i am so pleased i found this site its the best forum with the most positive attitude from members that i have seen, i have been on others and have felt judged and even told i should be ashamed at how much debt i and my husband are in , even with our mortgage provider we were told it is our fault that the banks are such a mess .

We would never, ever do that on here!!

To be honest, your amount of debt is quite small compared to some of our members. That doesn't mean that it's any less worrying for you. How that debt (however much) came to be accumulated doesn't matter to us but, what we all tend to have in common, is that when we asked the banks etc for help because we couldn't afford to pay, they turned nasty. now it's time to give them a taste of their own medicine!!

Have a read of some of the UE diaries and see the change in the posters as the travel on their UE journey.