Caesar UE Diary

[cymruambyth]

They don’t go straight to court because they often don’t have all the paperwork! Before they go to court they have to prove that they have done everything that they should have done, plus it costs money to go to court and often debtors who can’t pay the debt can’t pay the the costs. Courts have been known to make repayment orders for as little as £1. The original lenders sell debts to DCAs as a tax offset.

Dont talk to anyone on the phone. You always want a paper trail.

[Caesar]

Spud and Cymruambybth, thank you both for help.

Because your debts appear to fairly recent ( As in taken out) they are more unlikely to be Unenforceable per se.......However there are many aspects to this line of thought where they might fall down in being able to enforce etc

Have a bit of a think and post back up.......We will most certainly be able to help you get this into a better pespective........You have made a good start already

Even my debts might be enforceable, still here I can find other help, like how to deal with creditors or other important things that I miss. For example, on other forum, the only advice was to reduce my spending and pay more to banks. One person said it's too much £250 per month for food, because she and her husband spend only £150 per month. You can' afford to live, because you are in debt.

In this moment I need to learn what is patience and not take decision when you are upset or stressed. So if you have any idea how to deal first with Asset Link and Link Financial, and then HSBC is more than welcome. Avant Credit offered me to settle the account for 30% before to sell it. Is this a sign that something is not good for them, or it is a normal practice to lenders?

[Warwick65]

Hi Caesar - I am so glad you have taken the plunge and signed up here

As you will know I am not recommending it but I do think it might be worth investigating your contract of employment and see if it involves a credit check etc. Something else to think about is where you live, if it is privately rented not all landlords are willing to have people with CCJ's or other formal debt arrangements

Now you know where we are people are here to help and as this forum is slightly smaller there is less chance of posts getting missed

[Warwick65]

Caesar
Could you just clarify a couple of points for me

I think they are on the HSBC products- in one you said Cabot were involved but you talk about owners being DCA's - who are their clients i.e are they collecting on behalf of HSBC or someone else?

[Caesar]

Thank you for reply Warwick65.

Sorry I made a confusion, I edited the post. It was first Moorcroft dealing in behalf of HSBC, after that Wescot, and now it's Fredrickson. HSBC is still the owner of the debt.

I have to check my employment contract, but I believe it won't be a good situation for me to have a CCJ. The question is, if I get a CCJ or close to that, is there any chance that my employer to find out? Can I still make a payment plan or f&f settlement if I will be in this unpleasant situation?

Regarding accommodation I am safe, my landlord it's ok if he receives the money on time.

[Roger]

Thank you for reply Warwick65.
Sorry I made a confusion, I edited the post. It was first Moorcroft dealing in behalf of HSBC, after that Wescot, and now it's Fredrickson. HSBC is still the owner of the debt.
I have to check my employment contract, but I believe it won't be a good situation for me to have a CCJ. The question is, if I get a CCJ or close to that, is there any chance that my employer to find out? Can I still make a payment plan or f&f settlement if I will be in this unpleasant situation?
Regarding accommodation I am safe, my landlord it's ok if he receives the money on time.

That's a very negative mindset to raise CCJ's and employment issues.

You have started well lets deal with one step at a time
Look especially at Spud and Cymruambybth positive entries.
I would think it likely that you already have Credit Reference Entries anyway. These will be there for 6 years.
If you look at others Diaries you will see entries where the CCA was Enforcible and yet these reached the six years Statute Bar!

[Spud]

The HSBC loan for 10K seems to be the most pressing account for me at the minute so lets start there.

What contact have you had from Fredricksons ref this account? What does the letter say ( assuming you have received a letter)

Also apart from a telephone call to HSBC that you mention, have you sent any letters to any of the people chasing this debt?

Depending on your answers will determine how we proceed with this......I'm thinking sending a sold in dispute letter to at least show that you are making contact and keep you from the top of the "chase pile" for now to buy you some time ( If this has not already been done ) and then likely follow up with CCA request

I appreciate that this has been mentioned before but from now on I would strictly advise against talking to anybody over the telephone or otherwise. This needs to be kept to letters only as otherwise it is likely you will undo any good work you are building here.

The hardest step is past you ( Joining AAD and posting up your situation ) from now on in we take baby steps every day to get you back in control and get on top of this for you.......It always starts with the first step

[Spud]

With regard to the Credit check / CCJ / Work thing.... I have had a quick read through your diary but can see no previous mention of this ( Unless I have missed it ) so i'm not sure quite why the issue has been raised unless from prior knowledge etc

If that is a consideration then its always worth knowing.......My take ( for what it is worth) is that whilst we have a member who is just at the start of this.....Is a little overwhelmed by it all ( Believe me we have all been there - There is no shame in that ) and caught up in the whirlwind of emotions at the minute that are giving them some worry and stress.......That going off down the potential doom and gloom route could be a little bit counterproductive to be fair.......This is about getting people back in control with support and knowledge

What I would say is there is a very long distance between the idea of going to court and a CCJ......With many steps along the way to arrange affordable repayment plans so that it would never get to that stage.......I'd not be worrying about things like that just yet.......A million miles away

Just my Two pence worth

[Caesar]

Last week I received the letter from Fredrickson informing me that HSBC have instructed them to contact them regarding my account and all communication should now be with them. Next day arrived the letter from HSBC telling me to contact Fredrickson. Regarding buying time, maybe this has been already done. Fredrickson it's 3rd debt collection agency instructed by HSBC to deal with me. I ignored Moorcroft and Wescot at that time.

Another concerning for me is HSBC overdraft. They've given me one month to send income and expenditure letter and meantime to deal with Wescot at that moment for loan, Credit Security for credit card. Like I previous mention I was stupid to talk to HSBC, I though they are nice, but on contrary, were very rude. Overdraft default is from December 2017 and Loan default from December 2016 but not sure.

Should I send i&e form? Or is there another way?

Apart HSBC, I haven't sent any letter to any of my creditors. Just an email to Credit Security to prove it letter or to Asset Link, Asset Collection and Caboot that I am disputing the debt with original creditor but I haven't got reply from any them.

So for the moment I shouldn't be worried about some of my creditor would want to go to court. The person from HSBC said over the phone that they don't want to go to court but if I don't start payment with them they might go. Maybe he wanted to scare me.

[nightwatch]

Hi Caesar, welcome to AAD,
a lot of company's mention court action but it cannot be done over night, please note they said MIGHT not WILL, a lot is in the wording,

can I ask do you do your banking with HSBC, by that I mean is money paid in and bills paid out.

If so you may want to open an account with another bank (one that you have no debts with) if you haven't already, I only mention this as they would have a right of set off, this means any money paid into the account COULD be taken to pay off what you owe,
as Spud says you are a long way off CCj's, so don't panic about that at this stage,

make sure you pay essential bills, Rent, Gas/ electric, council tax, water, phone Pension, anyone demanding money can wait a while, put what money you have spare to one side as an emergency fund, yes cut down on spending if you can but don't forget to have a life.

Best wishes NW

[Caesar]

Thank you for all nice words nightwatch.

HSBC was my current account but I changed it one year ago. When I defaulted the loan, they said that all my entries in their account can go to cover the money that I owe to them so I couldn't afford to have no money for food, rent or bills. Honestly I cut down all my spending compared to my previous life, but still I don't want to get ill in order to pay more money to the banks. I just wanted to point out what kind of advice I received so far from other forums.

[Spud]

I am on my mobile whilst at work so I will keep this brief.

I cannot see if you are an AAD + member or not from my mobile but as you are going to need to send some letters can I recommend that you join AAD+ if you have not already so that you can use all the template letters. If it were me I would send the account sold whilst in dispute letter to Fredricksons. Add the relevant details to the letter but don’t change the wording.

Just a quick note also, I appreciate that you have been on other forums and that is fine..... it’s a free country...... but looking at the advice you had said was given on the other forum and the help we give here...... I would urge you to follow AAD and perhaps drop the advice from the other forum? It certainly won’t be helpful darting between the two at the minute...... Get that letter printed off and sent recorded delivery...... First positive step

[Caesar]

Thanks for advice Spud.

I am already AAD+ member, so just let me know what template and how to use it.

As regarding other site, I stopped taking their advice long time ago. It can't be considered a solution what they've been told me. I am here because I appreciate people's point of view, and it's similar to mine. I decided to follow this route and really appreciate the support that you guys offered to me. You know, in real life you have to kiss so many frogs until you discover the prince. Same with forums, you have to try more until you find out the best one.

Thank you so much for being patient with me and for the advice you gave it. I am still a novice, but can assure you I am learning fast.

[Warwick65]

Roger and Spud
I asked the questions because a full picture is needed to give options and cobsequences.

Just so you k ow I have been round the block.
Whatever situation caesar is in, been there, done that got that the shirt

To some a ccj is no problem, to others it is very important.

I am not trying to scare caesar and I hope they know that.

[Roger]

Hi Warwick65
There are positives as well that get overlooked.
The banking crash destroyed my own work. Overnight sustainable debt became unsustainable.
With this came a pack of locusts called DCA's.
The sleepless nights and a feeling of helplessness against a stream of intrusive phone calls and letters. Veiled threats from locusts intent on taking the clothes off your back and the food off your table!
The site doesn't judge it helps and especially in regaining control and self esteem,