mr affable's UE diary

[Pixie]

Re: mr affable's UE diary

Well - thanks to everyone for getting me motivated to do something about my creditors.

I have got 6 letters in front of me sealed with CCA requests and postal orders inside.

Will send by recorded delivery on Monday. Have also cancelled standing orders for £1 payments I have been paying to creditors for past 4 years (waste of time now). The way I see it is that even if it starts my creditors on a different course of action (although hopefully there is little else they can do or they would have done it already) at least I will know where I stand and I can respond accordingly. At the moment I am in total limbo as dont know what they are thinking or wanting from me.

There - I feel much better for that!

Well done.

Ignore the inevitable phone calls and wait and see what they send back.

[weebell]

Re: mr affable's UE diary

Well - thanks to everyone for getting me motivated to do something about my creditors.

I have got 6 letters in front of me sealed with CCA requests and postal orders inside.

Will send by recorded delivery on Monday. Have also cancelled standing orders for £1 payments I have been paying to creditors for past 4 years (waste of time now). The way I see it is that even if it starts my creditors on a different course of action (although hopefully there is little else they can do or they would have done it already) at least I will know where I stand and I can respond accordingly. At the moment I am in total limbo as dont know what they are thinking or wanting from me.

There - I feel much better for that!

Well Done!

[CleverClogs (RIP)]

Re: mr affable's UE diary

I know. And have you seen what she expects for a tip when she provides Room Service for adding links to my posts

No.

Please tell...

[CleverClogs (RIP)]

Re: mr affable's UE diary

Can anyone advise me?

I'd say that they already had - and badly - five years ago.

Have been paying nominal payments of £1 to my 6 creditors (total owed approx £36,500. across credit cards, personal loans and store card - largest single amount is £14,000. smallest is £850) for past 4 years. They write to me every 6/12 months and ask for an update when I confirm that I have no assets and little/no surplus income over expenditure each month.

I had assumed that one of them would have made me bankrupt by now but no one has.

Four and a half years ago I was advised by CAB to stop all payments to non-priority debts (most were already stopped) and wait for someone to make me bankrupt as there was no way I could raise the fees.

4-5 years later I have still not paid one penny to any of my creditors. I have had three threats of bankruptcy, written saying yes please (not what they expect) and they have backed off and refused to do it.

Why should a creditor make an alleged debtor bankrupt, when the bankruptcy process would cost the creditor money that might not be recovered from that debtor?

It would not make commercial sense.

[Deepie]

Re: mr affable's UE diary

Well - thanks to everyone for getting me motivated to do something about my creditors.

I have got 6 letters in front of me sealed with CCA requests and postal orders inside.

Will send by recorded delivery on Monday. Have also cancelled standing orders for £1 payments I have been paying to creditors for past 4 years (waste of time now). The way I see it is that even if it starts my creditors on a different course of action (although hopefully there is little else they can do or they would have done it already) at least I will know where I stand and I can respond accordingly. At the moment I am in total limbo as dont know what they are thinking or wanting from me.

There - I feel much better for that!

welldone ... lets see what comes back.............

[mr affable]

Re: mr affable's UE diary

Well - thanks to everyone for getting me motivated to do something about my creditors.

I have got 6 letters in front of me sealed with CCA requests and postal orders inside.

Will send by recorded delivery on Monday. Have also cancelled standing orders for £1 payments I have been paying to creditors for past 4 years (waste of time now). The way I see it is that even if it starts my creditors on a different course of action (although hopefully there is little else they can do or they would have done it already) at least I will know where I stand and I can respond accordingly. At the moment I am in total limbo as dont know what they are thinking or wanting from me.

There - I feel much better for that!

[mr affable]

Re: mr affable's UE diary

I am thinking that the sooner I get started with requesting CCAs the better - dont see I have got anything to lose.

[Pixie]

Re: mr affable's UE diary

Silly question but on my CCA request letter presumably its not a problem to put my address, date and name and address of creditor at top?

Of course you put your name and address at the top or how will they know who it's from! Don't forget the account number/reference number too.

.....and if debt is now with a DCA do I address my letter to them but make reference to original letter in reference at top of letter?

Yes, send it to the DCA who's dealing with it.

[mr affable]

Re: mr affable's UE diary

.....and if debt is now with a DCA do I address my letter to them but make reference to original letter in reference at top of letter?

[mr affable]

Re: mr affable's UE diary

Silly question but on my CCA request letter presumably its not a problem to put my address, date and name and address of creditor at top?

[Pixie]

Re: mr affable's UE diary

Seems to me that I should cancel my monthly £1 payments with immediate effect. And dont answer any tel calls from creditors (which I dont) or answer any letters asking for repayment proposals (which I have been). What will they do next though?

Ignore the calls but it's not a good idea to ignore the letters. Niddy's written the template letters so that any you send won't affect the statute-barred date.

If you decide to send the cca requests and they come back UE, there's nothing the lenders can do except make threats which you soon learn to ignore.

Legally you still owe the money but there's nothing the lenders can do to get you to pay it.

You're right to consider all your options before for me it's a no-brainer. UE is the option I'd choose every time.

[mr affable]

Re: mr affable's UE diary

Seems to me that I should cancel my monthly £1 payments with immediate effect. And dont answer any tel calls from creditors (which I dont) or answer any letters asking for repayment proposals (which I have been). What will they do next though?

[Deepie]

Re: mr affable's UE diary

If it was me enforceability ........better option

[mr affable]

Re: mr affable's UE diary

Hi all and thanks for your advice/help so far.

I have spent the day thinking about this new way of dealing with my creditors (ie checking enforceability).

I had thought for the past 4 years that bankruptcy was my only option and was seriously heading down that route as saw no alternative. Am hoping to move in with my new partner within next 3 months (none of the debt is related to her although she is aware of it and I dont want her to be affected in any way. She owns her own property with no mortgage - from her divorce settlement).

Just trying to get it all clear in my head so apologies if some of these points are silly ones! I have no assets and monthly income and expenditure does not leave much surplus after normal living expenses. Hopefully this will improve but only slowly over time.

My understanding is that bankruptcy will effectively discharge me from my debts in 12 months although I would likely have to make payments to Official Receiver for 3 years if funds available. However if I go down the UE route I may be able to prove that creditors cant enforce so I can just ignore them although my debts would still be owed - although in reality what can they do?

My credit rating is already affected. And am I right in thinking that if i stop paying my nominal £1 per month and ignore letters and tel calls this will start my 6 year statute of limitations running?

[swanfan]

Re: mr affable's UE diary

I understand. Presumably if an agreement is enforceable then I would need to do something about it?

Not necessarily no, i've been blagging an enforceable account for 2 years but really relax, wait and see what comes back.