Advice needed re pursuing unenforceablity

[Stressedoutmum]

Hi there!!

Been lurking for a few days after stumbling upon this fab site and decided to take the plunge and ask for some advice.

Currently in debt with Lloyds TSB for around £30K and £24k to a family member.

Husband lost his business in early 2009 which resulted in his Bankruptcy in Oct of that year. The 24k that was lent to us by a family member was his share of the equity in our house which we were required to release upon his bankruptcy. We were obviously unable to do this via a remortgage, and having 2 children and another on the way, selling was really something neither of us wanted to do. The other debts relate to my credit card and a joint loan which I am now liable for.

I entered a DMP with CCCS in the summer of 2009 and have kept up the agreed payments since then.

The details of the debts are below

Lloyds TSB Loan
Started 11/06/2008
Defaulted 25/08/2009
Outstanding £19519.00
Still with Lloyds

Lloyds TSB credit card
Started 01/05/1990
Defaulted 15/10/2009
Outstanding £10053.00
Still with Lloyds

Obviously the loan will be enforceable given the date, but wondered if I should look at UE for the card but I have a couple of concerns.

Should I continue paying the agreed payments for it until such times that I establish if it is enforceable or not? And also, should I continue with the DMP to CCCS or go it alone? My concern with that is the time I'd need to spend and possible stress with trying to work and care for the family, and also don't want to rock the boat as Lloyds TSB up until now have not given me any problems at all.

Thanks for reading, and any words of advice would be gratefully received!

Forgot to mention I am in the process of trying to claim PPI on the card and am awaiting a response from the ombudsman regarding this. I had asked them for a copy of the agreement in my original complaint but Lloyds TSB didn't provide it or make mention of it in their reply.

[Undercover Elsa]

Re: Advice needed re pursuing unenforceablity

Hi stressedoutmum and welcome to AAD

I'd be tempted to just send a CCA request to Lloyds for the credit card for now, particularly since they've not supplied one with the SAR for the reclaim.

I wouldn't rock the boat just yet by stopping any payments, wait and see what transpires. How much are you paying per month on the card?
Are CCCS handling any more debts other than the loan and card?

Elsa x

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

Thanks for your reply Elsa!

And thanks for interpreting my user name the way it was supposed to be without my typo!! Woops!!

Yes, my feeling is also to try and send a CCA regarding the card and wait and see what happens.

I am currently paying around £140 per month to CCCS, so roughly £65 is going a month to the card. It' s going to take about another 20 years to pay the debts off at this time due to our low income which is a nightmare. I'm due a review soon, and to be honest we should be able to pay more as husband now has a permanent job, but we are still on very low incomes, and we have been living like paupers for the last 3 years as it's so hard to stay within the budgets set by CCCS, especially for Xmas/birthday presents for the kids, and cars that have cost us several hundred pounds this last year. We're not overly bothered that we've not been a holiday for the last 3 years, but we can barely take the kids anywhere during the school holidays as unless the weather is nice (which is rare!!!!) everything costs a bomb for a family of 5 and there's only so many times you can visit the museums etc, and it really gets us down. I've always wanted to pay back what I owe but now I resent that my life and more importantly that of my family is suffering. I just feel life is too short to keep living like this and feel like I need to do something to change it.

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

do you want me to change your name to the correct spelling?

Absolute nuts to think you could be paying this back in 2030!

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

Oh yes please that would be great!!

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

Oh yes please that would be great!!

Log out and back in using correct spelling.... Thanks.

Done

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

I know, nuts and depressing!!!!

Should I do my own DMP? Terrified of that prospect incase I start to get threatening calls etc or Lloyds TSB decide to play hardball. My biggest fear is losing my house given all the equity we have.

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

Thanks for that!!!

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

I know, nuts and depressing!!!!

Should I do my own DMP? Terrified of that prospect incase I start to get threatening calls etc or Lloyds TSB decide to play hardball. My biggest fear is losing my house given all the equity we have.

At the moment, and based on the level of debt I would continue to pay the CCCS for now and in the meantime consider a CCA for both accounts, then let me have a look at them and we'll take it from there.

Don't risk anything yet. Natpest are buggers and will go for the house/equity so deffo don't quit payments just yet. Lets get a CCA back and try and find fault first....

As for CCCS, if they are not charging you a % for doing the DMP then I would leave it as is for now, so at least they are dealing with the shyte and not you.

For now, can you apply for a CCA for both accounts (two requests, 2 cheques of £1 in one envelope).

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

Thanks for the advice. I'll get onto sending the CCA's and let you know how I get on.

Thanks for this great site, it's the first time in sooooo long that I've actually felt positive about our situation and I know from reading here that I'm not alone in that!!

[MrsD]

Re: Advice needed re pursuing unenforceablity

Stressedoutmum

Do what Niddy says for now but if and when your review is due, come on here and we'll help with that. CCCS are largely funded by the banks and when you are in a DMP with them, you should be paying what you can afford, not what they want you to pay. We can help with your budget and then you need to be a bit assertive, the purpose of a DMP is not to condemn you and your family to endless poverty. By the sounds of things, you need to reduce your payments, not increase them. and if you've had car trouble, and have no emergency fund, there is nothing wrong with telling CCCS that you need a payment holiday for a couple of months. No money growing on trees.

try not to worry

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

Good luck, keep us updated.... send this --> Our Templates | Unenforceability Templates | CCA Request

regards the reclaim, can you just sit on this for now - so if the FOS come back to you let us know as really we can try and use any refund as a F&F if appropriate but that'd depend on a lot of things and not really suited for immediate recourse - sadly you've gone arse about tit here by doing the reclaim first but lets see what the FOS say before stressing...

Main thing is whatever you do, don't accept any offer from the FOS at this stage without letting us know cos it could backfire (any reclaim refund always goes back to the debt in the case so you MIGHT be better if it's a few grand to then default, let the bank sell it then use the reclaim to pay the debt off as a F&F offer at a later date)....

Hope the above makes sense, if not just holler.

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

Stressedoutmum

Do what Niddy says for now but if and when your review is due, come on here and we'll help with that. CCCS are largely funded by the banks and when you are in a DMP with them, you should be paying what you can afford, not what they want you to pay. We can help with your budget and then you need to be a bit assertive, the purpose of a DMP is not to condemn you and your family to endless poverty. By the sounds of things, you need to reduce your payments, not increase them. and if you've had car trouble, and have no emergency fund, there is nothing wrong with telling CCCS that you need a payment holiday for a couple of months. No money growing on trees.

try not to worry

I agree, we can sort CCCS later but for now, get the CCA sent off and lets see what this card has in the terms.....

[Stressedoutmum]

Re: Advice needed re pursuing unenforceablity

Good luck, keep us updated.... send this --> Our Templates | Unenforceability Templates | CCA Request

regards the reclaim, can you just sit on this for now - so if the FOS come back to you let us know as really we can try and use any refund as a F&F if appropriate but that'd depend on a lot of things and not really suited for immediate recourse - sadly you've gone arse about tit here by doing the reclaim first but lets see what the FOS say before stressing...

Main thing is whatever you do, don't accept any offer from the FOS at this stage without letting us know cos it could backfire (any reclaim refund always goes back to the debt in the case so you MIGHT be better if it's a few grand to then default, let the bank sell it then use the reclaim to pay the debt off as a F&F offer at a later date)....

Hope the above makes sense, if not just holler.

Thanks, yes this makes sense. Going arse about tit is the story of my life I'm afraid!!! I just wish I'd found this site months ago!!!

[Never-In-Doubt]

Re: Advice needed re pursuing unenforceablity

Thanks, yes this makes sense. Going arse about tit is the story of my life I'm afraid!!! I just wish I'd found this site months ago!!!

I meant it with the greatest of respect. A lot of people put in a reclaim without thinking about it - really, it's best not to do them until you have the facts in front of you cos it's rare if you're in arrears, that you'll benefit so best to sometimes leave it as an ace up your sleeve if they try and enforce later.

Never mind, it's nothing here nor there at this stage