LONG HAUL

[dumbanddumber]

Hi Niddy, I'm a newbie and need your advice (lots of it) which is why I decided to start my own thread. Was recommended to you and your shiney new forum, when I posted my problem on moneysavingexpert's forum.

Am thinking I should go down this route by my first question is - you write of "default" = what does this mean and how do I find out if I have "defaulted". ;D

Many thanks

[dumbanddumber]

Re: LONG HAUL

Hi, have my one pound postal order here, ready and waiting to enclose with my letter to cca or cca with default.

which one??? ;Hmm

[Never-In-Doubt]

Re: LONG HAUL

Hi

How many creditors do you have; are you in arrears; what is the type of debt; what are the balances; when did you take them out; when did you last pay - lots to ask, you can't give us half-hearted info i'm afraid cos yea, you'll get defaulted once you cease payments but sometimes that aint a bad thing - but other times it is.

Please give a more "whole" picture of your situation before doing anything - also get your credit files, that shows if you've been defaulted etc: See below:

---> How to Obtain your Credit File

[dumbanddumber]

Re: LONG HAUL

Thanks for that, was going to try and tackle them one by one, but since you've asked will get the whole picture together and post asap, before doing any more. Have kinda started something, but first posted on mse and in turn was advised to speak to your goodself, as they thought you could help me.

[Never-In-Doubt]

Re: LONG HAUL

Hiya

List everything, like I have asked here: viewtopic.php?p=3865#p3865

Then i'll be able to advise better.... cheers

[dumbanddumber]

Re: LONG HAUL

Thanks for the guidance how to lay it all out. Here it all is, as follows;

5 creditors in total with arrears on 4. 2 Credit Cards and 3 Current Accounts.

Bank of Scotland ONE - Visa (Which THEY changed to Mastercard. WHY? Who knows??
Taken out around 2005 (Maybe before)
Balance 1,420 Limit 1,550
Last paid 32.00 (Covers interest) Paid every month - sometimes late - but always paid in the month.

Bank of Scotland Current Account (Oldbudgetplusaccount)
Taken out around 2000
Balance 1,099.99 Limit 1,100
Last paid 31.00 (Covers interest 1.00 per day) Paid every month - not missed a payment

Bank of Scotland ULTIMATE Reward Current Account
Taken out around 2004
Balance 299.00 Limit 300.00
Last paid 92.00 to bring it to overdraft limit Was at 350.00 but charges of 41.00 added on, so instead of paying 51.00 pounds had to pay 92.00 to bring it under overdraft limit. (or 5.00 per day charges would be accumulated)

Bank of Scotland Current Account
Taken out around 1992
Balance 5.00 in credit !!!! Limit 500.00
My main account

and lastly the complicated one (the one I posted on MSE to try and solve first)

CAPITAL ONE
Taken out around 2002
Balance 1,800 (see below)
Last payment September 2009 which was 50.00 (which was being paid monthly) see below
Balance now 2,463.00 - interest added on
Last Payment - last tuesday when during a phone call (FROM CAPQUEST) was pressured into making a payment which was 170.25. Also gave them my bank card no, and was worried they may try to use it again, so was advised to cancel it and re-order - which I done.
leaving a now balance of 2,292.75.

Also to complicate matters even worse - I sent them (CAPQUEST) a letter offering a f&f (signed) as a relative had offerred me the money to try and keep them off my back.

Should also mention that they have given me 7 days to write to them (time up on 9.9.10) or they will pass my debt onto their legal dept.

If there is anything else you need that I may have missed out, I will try to get that info to you.

Hope to hear from you shortly, meanwhile will get my letters sent for credit files. Thanks

[dumbanddumber]

Re: LONG HAUL

Sorry, should mention that in my last post "I sent them a letter ........" I use the term "I" very loosely as there is a story attached to it - left letter lying about - do gooder thought they would do me a favour and only went and posted the letter for me !!!!!! Aghhhhhhhhhh.............

[Never-In-Doubt]

Re: LONG HAUL

Hiya

You cannot CCA bank accounts they are exempt from the 1974 act, as it is not a regulated product - sorreee, you need to look to repay these, not before reclaiming all charges over last 6yrs to drop the balances. See here for details: viewforum.php?f=42

Regards to Crappy1 - why the hell did you pay them? Jesus, sorry but that soooo winds me up.

As for HBOS, being you're up to date and coupled with everything else above - UE is NOT suitable for you, as it only really leaves one debt (Crappy1) - i'd look to reclai mwhatever you can then haggle for F&F settlements on all accounts.

Sorry, but seriously that's what to do.....

[dumbanddumber]

Re: LONG HAUL

I take it Crappy 1 is capquest - so what can I do about this one - there's still a large balance they are claiming from me - this is the one I need advice on pretty quick as I don't know what to do next.

Hannah_10 (she recommended you to me via MSE) thought that since it was taken out 2002, there was a chance something could be done about it.

Just paying off interest/charges on the rest, so getting nowhere with them, but need to sort this crappy 1 soon as a huge amount of pressure is on me from them.

Regarding crappy 1 - Is this debt enforceable? Even though it was taken out around 2002? Payment made was 170.25 not anywhere near the figure they are looking for - did this do any damage? Do I still need to get a CCA from them? Do I still need to get my credit files? One of the other debts from the bank is a credit card - is this still exempt - as it is not a bank account BUT a credit card?

Sorry to ask all these questions, but at the moment - still the none the wiser. ;D

Thanks and eagerly await your reply.

[dumbanddumber]

Re: LONG HAUL

Just another thought - are credit cards from a bank exempt or just bank accounts exempt from CCA?

As one of these bank cards is a credit card not bank account.

and

as four of these accounts/cards are from the same bank, do I need to have seperate SAR's/ASAR's for each one or would one do listing each seperate account? ;Hmm ;Hmm


Don't know if I should have keep same name for your site and MSE - that way you could look at my questions on there and the answers I've been getting. So on MSE I have postings under " debt free wanabee " using the heading " Debt free or not to be ... Debt free". Hope this helps you and me in some way.

[Never-In-Doubt]

Re: LONG HAUL

Hiya

Ok, you don't send any SAR's - where did that get suggested to you? A SAR is per lender, to supply all data they hold about you so 10 accounts with HSBC would equate to one SAR being sent.

You, however are in debt with bank accounts - as you've only got 2 cards, one with a small balance and the Crappy1 card, UE is not really worth 6yrs of hassle to you - is it?

If I was you i'd be paying both cards off and looking to arrange things with your overdrafts - consider reclaiming all charges on all accounts listed - see here for details how: ---> viewtopic.php?f=42&t=53

THEN come to some arrangement with them and try to get them to stop adding interest..... UE is not the option for you.

[dumbanddumber]

Re: LONG HAUL

Reclaiming charges and unfair fees -

Your last paragraph - mentions SAR's.. ?? ;D

[Never-In-Doubt]

Re: LONG HAUL

Reclaiming charges and unfair fees -

Your last paragraph - mentions SAR's.. ?? ;D

ahh sorry (lol)... confised myself there

Ok, you send one SAR to each lender - not each account. ;30

[dumbanddumber]

Re: LONG HAUL

OK
You, however are in debt with bank accounts - as you've only got 2 cards, one with a small balance and the Crappy1 card, UE is not really worth 6yrs of hassle to you - is it?

Fist of all YES - 2 cards - small balances ? Not to me ;-

Bank of Scotland ONE Credit Card 1,420 owed on this card and Crappy 1 credit card 2,292.75 owed on this card

The other 3 - 2 of which are in overdraft. MAYBE I DID NOT MAKE IT CLEAR BUT ALL MY ACCOUNTS (APART FROM THE
ONE I HAVE 5.00 IN - ARE ALL OVERDRAWN/IN DEBT.
So; I have to ;

1. Apply for CCA on both - this is to find out if I have a proper agreement - IS THIS CORRECT? 2 LETTERS

2. Apply for my credit files - this is to find out if I have defaulted and may
tell me why I cannot get another credit card - IS THIS CORRECT? 3 LETTERS

3. Apply for SARS - this is to find out how much I have paid in credit
charges etc - IS THIS CORRECT? 2 LETTERS

I am trying very hard to get to grips with all this but need steps laid out (like above) to let me know of what is next and why?

Not doubting your word, just need to understand why Unenforceable is no good to me;
Is it because I paid 170.25 to them or some other reason? - IS THIS WHY?

And if I could I would be paying off these cards but with a shortfall of around 489.00 per month, there is just no way I can possibly pay anything.

So any advice you have at all, I would be very grateful for. AND LASTLY (I THINK);

What do I do about Crappy 1 passing on my account to their legal dept to start court proceedings? HELP NEED ANSWER TO THIS AS
STATED THEY WERE ONLY GIVING ME TILL 9.9.10. AS POSTED ABOVE. ???

Thanks for your input and help, and hope you can answer all of my above questions - in the hope I may get to understand all of this eventually.

[Never-In-Doubt]

Re: LONG HAUL

Hi

Ok, I think you misunderstood everything and are clutching at staws; something you need to stop doing. Try sitting down, calming down and paying attention to this as I shall spell it out for you one last time:

1. You cannot consider UE due to the low balances and the fact you ONLY have two small cards debts

2. Bank accounts are exempt from the CCA so you have to arrange to pay these - nothing I can do i'm afraid - speak to your bank or to a DMC

3. You cannot get credit again, so forget that - why would you want a new card?

4. Regards to Crappy1 legal threat etc and with you saying you're in a shortfall then my suggestion to you is to go and speak to a DMP and get free advice and arrange a repayment plan as directed by them. See here ---> viewtopic.php?f=32&t=15 for full details, pick one of the companies listed and ring them - ring them now as they will stop any hassle for you and arrange repayments to each creditor.... That is the best you can hope for.

Sorry to be blunt but you're hoping for the impossible; if you had more debt and larger debt then i'd help you with UE - but not for debt totalling a couple of grand, the work involved outweights the risk coupled with the fact you're still going to have to pay the overdrafts therefore as the total debt is less than £5k (which is small, some on here are 10x that amount - others 30x that amount!) a DMP is best for you - love it or hate it - it is.

If I said anything else i'd not be giving proper advice and i'd hate myself for that!

The fact you paid them doesn't change anything .....