This is the problem

[Spent2much]

Re: This is the problem

Just reading through the UE threads and noticed that overdrafts can't be UE so i have to keep paying these along with the charge and the ccj, the others i can stop paying until niddy can tell if they are UE . Is this right ?

[jon1965]

Re: This is the problem

I think that all depends. There is an O/D cca letter which has certainly seen my O/D been sent back from the solicitors. It has now gone to another rather toothless DCA

[Spent2much]

Re: This is the problem

I think that all depends. There is an O/D cca letter which has certainly seen my O/D been sent back from the solicitors. It has now gone to another rather toothless DCA

I have one concern with the UE route , when we started a dmp eversheds went for and were granted a charge on house , we defended 1st credit when sent SD and at that time we had both accounts in dispute waiting for a SARS and CCA ,i have been corrected by my husband and need put this right on here that 1st credit took us to court twice not three times, both were for SD, but we do have 3 accounts with 1st credit so my apologies here .
Like i said my only concern is the fact that creditors have jumped on us quickly so its rather scary for me to think they may send more SD and go for more charges on the house .

[Spent2much]

Re: This is the problem

Regarding 1st Credit, Niddy is waiting for you to send your CCAs for these accounts to him, as per your other thread. Until he sees them, there isn't much we can suggest.

I am trying to find them i desperatley want to send them its just where have i put them i saw them only last week

[ScabHunter]

Re: This is the problem

Like i said my only concern is the fact that creditors have jumped on us quickly so its rather scary for me to think they may send more SD and go for more charges on the house .

They may send more SDs, but they are less likely to if an account is formally disputed due to non-compliance with ss.77-79 or due to irredemably unenforceable paperwork. You can apply for any SD to be set aside, and also apply for your costs as many judges will award them if they are applied for in advance.

What would a creditor who was actually looking to make you bankrupt gain from doing so? There is less equity in the property now than the value of the existing charge, and even if there were assets they would need to be divided amongst all creditors. Any SD would be an abuse of process and could be defended as such.

No-one can go for charges on the house unless they can successfully obtain a judgment, and you would have a chance to defend the case. You will have a lot better chance of defending if you have sent off ss.77-79 requests and either had them defaulted on, or had UE paperwork returned.

There is a greater risk of further legal trouble if you remain in a DMP with a useless provider and challenge nothing. Plus you are putting your home at far greater risk by paying non-priority alleged debts and then struggling to raise the mortgage payment.

SH

[Spent2much]

Re: This is the problem

Just sent the cca which 1st credit sent me , will wait and see now .

[Spent2much]

Re: This is the problem

That's a very good start!

Let's see what Niddy's verdict is...

yay ...we will see, just been informed by hubby that the other account that went to court was the one where we requested teh SARS and they never did anything but took the £10 off the account balance so its my mistake once again , no wonder i am confused the amount of paperwork we have, incidently the brown envelope is the paperwork with the charge which eversheds got lol so am i confused or what lo

[LooLoo]

Re: This is the problem

Def get some folders - i did ones for each debt and keep together - not really in order but i know where they are - and i also made folders on my computer for each debt when I sent out letters.

I also used to write the date received on the envelope - as you will be shocked that sometimes a letter is dated weeks earlier than you get it - and they tell you to reply within xx days..........

[jon1965]

Re: This is the problem

I bought a cheapo file from Wilkinson. Had (i think about 25 pockets ...a lot only have 20 which was a pain) cost me all of £4.
The set up costs are the worst, lots of cca requests and recorded deliveries, but I have saved that times over so far and that is 6 months in.

Just a quick thing that I didn't do, keep all important envelopes i.e default notices etc

[ScabHunter]

Re: This is the problem

I bought a cheapo file from Wilkinson. Had (i think about 25 pockets ...a lot only have 20 which was a pain) cost me all of £4.
The set up costs are the worst, lots of cca requests and recorded deliveries, but I have saved that times over so far and that is 6 months in.

Just a quick thing that I didn't do, keep all important envelopes i.e default notices etc

Yes, I've just had a look on feeBay and some other places, and there's nothing anywhere near as cheap as the Wilkinson one. Good tip Jon1965!

Buy it for £3.85 (that's £3 17/- in English money), and collect it in store in four days time. Don't have it delivered or the delivery charge will be over a pound more than the item itself.

I didn't have a fraction of the alleged debts you have, but one of these files still kept everything neat and organised. Along with bank, rent, electricity and water bills, and everything else which needs to be filed away. Definitely my recommended storage system.

SH

[Never-In-Doubt]

Re: This is the problem

Just sent the cca which 1st credit sent me , will wait and see now .

Well this is illegible and from the feint version I can see it would almost certainly be unenforceable but without a more legible version I would leave my opinion as 'ask for a legible copy then lets compare them both'...

[Spent2much]

Re: This is the problem

Well this is illegible and from the feint version I can see it would almost certainly be unenforceable but without a more legible version I would leave my opinion as 'ask for a legible copy then lets compare them both'...

wow thanks, shall i send them another cca then see if they come back with anything different ?

[Never-In-Doubt]

Re: This is the problem

wow thanks, shall i send them another cca then see if they come back with anything different ?

No you send this ---> Our Templates | Unenforceability Templates | CCA Query - Illegible Document Received

[Spent2much]

Re: This is the problem

No you send this ---> Our Templates | Unenforceability Templates | CCA Query - Illegible Document Received

i will send this off and post it first thing tomorrow recorded delivery.
Does it matter that they sent me this cca back in July 2010 ? and should i keep paying this debt until i know if it is definatley UE ?

[Never-In-Doubt]

Re: This is the problem

i will send this off and post it first thing tomorrow recorded delivery.
Does it matter that they sent me this cca back in July 2010 ? and should i keep paying this debt until i know if it is definatley UE ?

well if they sent it in 2010 what you might be better doing is actually stopping the dmp totally and make arrangements to pay any ccj's etc direct with the claimant, and then re-bubmit cca requests to all creditors/dca's and start from scratch with a new diary.

That's what I would be doing.