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**findingaway** · 15 September 2010, 13:52

Re: Is UE an option for me?

Just to add - I've also got a CCJ on there for £3615. On one report it's marked as settled & not on the other. I've already sent a letter of dispute over this as I thought this debt was already repaid (long story) PRIOR to CCJ, but cos I didn't open envelopes (sorry ;D ) didn't know I had it until a few weeks ago.

My husband's file shows:-

CCJ
court date - 05/11/07
amount - £1340
Not worked out what this was for yet!

CCJ
Court date - 27/06/07
amount - £4832
Sainsbury's bank loan

CCJ
Court date - 02/08/07
amount -£1240
Barclaycard
HFO took to court

CCJ
Court date - 17/08/07
amount - £1393
Capital One card
Capquest took to court

HFO
Credit card
start date - 08/02/2002
amount - £1445
defaulted on 27/07/05
Then got CCJ

Hillesden
Loan
start date - 01/06/04
amount - £5040
defaulted on 30/12/05
Then got CCJ

None of the CCJ's were defended, as didn't know (unopened letters)

**Never-In-Doubt** · 16 September 2010, 07:09

Re: Is UE an option for me?

Hiya

As you're in the middle of reclaims (waste of time plus you've went round things the wrong way)... i'll hold off on any advice until the process and your sickness claim is sorted, you cannot claim charges/sickness benefit then claim the agreement to be faulty lol..

Wait and see what happens then update the above debts as and when. We'll go through it all at the end, please though - no more agreeing to things and sending things without running past us....

**findingaway** · 16 September 2010, 22:58

Re: Is UE an option for me?

OK, on the other thread you said to send off CCA requests, should I still do that or wait & see what happens with claims first?

**Never-In-Doubt** · 17 September 2010, 06:39

Re: Is UE an option for me?

Originally posted by findingaway

OK, on the other thread you said to send off CCA requests, should I still do that or wait & see what happens with claims first?

I wasn't aware of a sickness claim being in progress..... I am confused with things, is the sickness claim like a PPi or are you just trying to get out of paying interest or something.... what exactly do you mean by "sickness benefit claim"?

I need to understand what is going on, and right now I don't. Usual process is to try UE first, then on any UE accounts you forget about them - pointless reclaiming cos you don't technically think you'll ever pay anything back so it wouldn't matter if the debt was £100 or £20k. So, if you had an enforceable debt come back, that's when you'd be trying to reduce the debt balance by haggling for refunds of interest etc (i.e. reclaiming).

Soooo, my confusion stems from the fact why reclaim on a debt that could well be UE - you don't do this, you've gone about things topsy turvy. As for the sickness claim, can you elaborate cos that also plays a large part in any advice. I'd never suggest cessation of payments if you have a valid PPi claim.

**findingaway** · 17 September 2010, 08:51

Re: Is UE an option for me?

Hello again, hope you're not getting sick of me ;Hi1 ;Hi1

Right to recap (think I'm confusing you cos I started out on the debt free board)
I didn't know about UE, so cos i want to try & become debt free thought I'd reclaim what I can first then offer F&F as I'd seen others being advised to do on mse forums. (I've only realised through you I should've tried UE route first - but sadly too late as I'd already sent some reclaim letters off - not sending anymore on your advice tho!)

When I was going through my card statements to add up the charges I noticed I'd been paying ppi I hadn't realised i'd got on 4 cards ;EEK So I was going to claim miss-sell on them all, HOWEVER It turned out I was still paying the ppi on 3 when I had to leave work because of illness, so i rang the card providers stating I'd just realised I'd got ppi on the cards & asked them for the insurance phone no's. When I spoke to the insurance co's they said I could still make a claim as I was covered at the onset of my illness!!

I sent the claim forms in last Saturday so I'm waiting for a reply. Incidentally I also sent a ppi miss-sell claim & charges reclaim into the 4th card & I can't wait to hear from them as I'd repaid that one in full so any money will come back to me!! ;--G

I'd put a note on what claims I've done to my debts on my first post in this thread.

Now I know about UE (You said on my other thread i'd got it off to a T) lol,

I know I've gone about it the wrong way round BUT even if i get the reclaims charges accepted & my balances reduced cos of it, I reckon I can still check if they're unenforceable cos if they are I just won't pay another penny - they're already defaulted. If they are enforceable i'm just doing what i was gonna do anyway offer F&F when I can. If i don't get accepted for my insurance claim, then surely i can still go down UE/reclaims route on those 3 too?

So i know i've gone wrong way round but it's still do-able i think? i think all it means is i just wasted time reclaiming first. Of course i may not be the model student i thought i'd become & need some more education sir!! ;F-

Hope your confusion is less

**Never-In-Doubt** · 17 September 2010, 09:17

Re: Is UE an option for me?

Hiya

Thanks - crystal clear now...... okies, well work out if youre cheaper reclaiming missold PPI (refund of all paid to date plus interest at 8%) or whether you're cheaper for the claim which is 1yr at the minimum payment.....

you can cancel the claim and claim refund of PPi even at this late stage but you need to work out the actual amounts you're likely to get and do it fast.

So, ppi pays minimum payments for 12mth yea? So assume you have a £10k card balance, they will pay the minimum required payment (2-3%) each month = £300 or you could reclaim the mis-sold PPi (assume you pay £1 per £100 debt means your premiums would be £100 per month but you could have been paying it for 5 years which means this would be better to claim as mis-sale than as a sickness claim

make sense?

**findingaway** · 17 September 2010, 11:23

Re: Is UE an option for me?

Thanks for quick reply. Balances are 2121/2277/3470. When I spoke to the insurer's (2 diff companies) I asked what would be repaid if successful? one said (2 claims with them)- I quote "10 mths @10% which would clear the balance at the first day of the claim & a further 2 mths which should clear the interest accrued", so that's obs best outcome. The 2nd one may have an exclusion on as when the dr filled it in it asked had i seen a specialist for the condition which i haven't, but my doc said it wasn't appropriate so i should still apply. I've not got a copy of the ppi terms to check. Anyway they said 12 mths @ 5%, so the card had a balance of 3470, so if it's 60% 2082. I'd already checked what i paid in & it's 1097.17 inc int. I thought that was from the start of the card but according to credit files got the card 20 mths earlier & as the average i paid was 20 mth that'd be another 432 inc int so 1529.17 in total so best option to try the claim.

Incidentally, on the other forum when I was querying if I should ring the insurance co's someone advised me I could still claim a ppi miss-sell even if I had a successful ins claim, they'd done it they said. Any thoughts on that?

Thanks again, I'm becoming addicted to this site!!

**Never-In-Doubt** · 17 September 2010, 11:41

Re: Is UE an option for me?

Hiya

Yep you can still try to reclaim missale after successful reclaim but not like within a week or so of each other lol.... think that is more for an older claim, then a year or two later you want to query it you can.....

**findingaway** · 17 September 2010, 14:09

Re: Is UE an option for me?

Oakie coakie....

If you get chance please can you have a gander at these thoughts I've pasted from an earlier one on this thread?? No rush...just hurry up ;LOL

I know I've gone about it the wrong way round BUT even if i get the reclaims charges accepted & my balances reduced cos of it, I reckon I can still check if they're unenforceable cos if they are I just won't pay another penny - they're already defaulted. If they are enforceable i'm just doing what i was gonna do anyway offer F&F when I can. If i don't get accepted for my insurance claim, then surely i can still go down UE/reclaims route on those 3 too?

So i know i've gone wrong way round but it's still do-able i think? i think all it means is i just wasted time reclaiming first. Of course i may not be the model student i thought i'd become & need some more education sir!!

**Never-In-Doubt** · 19 September 2010, 23:21

Re: Is UE an option for me?

Hiya

Yea it is dooable so just finalise the reclaims which does just reduce the debt, then send off for all CCA's and see what happens......

just start a diary when you do that yea?

**findingaway** · 21 September 2010, 12:50

Re: Is UE an option for me?

Hiya, ; ;Hi1

I'm going to start my diary with the ones I've not contacted as yet.

I've just got an offer of £64 + 59p ;Hmm interest, from Capital One. They've sent me a form of acceptance to sign which is valid for 6 mths! but I'm not going to bother I'll just send a CCA.

One query though, as all my debts are defaulted I've already started on the SB road. I understand with the 2 reclaims that have paid the dca's my statute barred will start again from now, is that right? What will be the position of this one if no actual money is repaid to the DCA? Or when I CCA them all, does that count as an acknowledgement & my SB route shot anyway? (if so may as well get the £64.59, every little helps!)

Thanks

**Never-In-Doubt** · 21 September 2010, 17:27

Re: Is UE an option for me?

Originally posted by findingaway

One query though, as all my debts are defaulted I've already started on the SB road. I understand with the 2 reclaims that have paid the dca's my statute barred will start again from now, is that right? What will be the position of this one if no actual money is repaid to the DCA? Or when I CCA them all, does that count as an acknowledgement & my SB route shot anyway? (if so may as well get the £64.59, every little helps!) Thanks

Hiya, the statute barred date will tick for 6yrs from the date of last acknowledgement, so in this case the date of payment (refund) back into the account.

A CCA Request does not constitute acknowledgement of anything, it is simply you asking to "see" an ALLEGED agreement. Therefore no, statute barred counts when you admit the debt, i.e. agree to repay it (writing only) or actually make a payment.....

You need to forget SB right now, get the reclaims sorted then send off CCA's for each debt and list the info I request here (in your new diary) ---> viewtopic.php?p=6789#p6789

;-y

**findingaway** · 27 September 2010, 22:39

Re: Is UE an option for me?

Hi Niddy ;Hi1

SUCCESS ;-y ;LOL ;-y ;LOL ;-y ;LOL ;-y ;LOL ;-y ;LOL ;-y ;LOL
I GOT A LETTER TODAY FROM THE INSURERS TO SAY 2 OF MY PPI CLAIMS FOR SICKNESS HAVE BEEN ACCEPTED & THE CARDS WILL BE PAID OFF IN FULL WITHIN 5 DAYS!!! RESULT!!! NEARLY 5K DEBT GONE ;

oo ;

oo
I'M JUST WAITING FOR LAST REPLY RE THE PPI CLAIM FROM VIRGIN MONEY.

CCA REQUESTS PRINTED & BEING POSTED AS SOON AS I GET OK FROM YOU. STARTED MY DIARY AFTER DITHERING ;D ;D DIDN'T KNOW WHETHER TO GET CCA'S OR NOT IN CASE I'D ANTAGONISE THE DCA'S & BE HOUNDED FOR MONEY I'VE NOT GOT AT MO, BUT WANT TO FIND OUT IF THEY ARE ENFORCABLE OR NOT NOW!!

2

**MustGetStraigh** · 28 September 2010, 09:28

Re: Is UE an option for me?

Wow that's fantastic, what excellent news.

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