sunnylolly - Diary

[sunnylolly]

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[sunnylolly]

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[sunnylolly]

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[sunnylolly]

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[sunnylolly]

Phew that took longer than I thought, hopefully I have got everything down. We have the threat of some personal guarantees on the business, I am assuming that is outside the scope of this forum so shouldn't be included? Many thanks.

[Joanna Connolly Solicitors]

M&S MasterCard Credit Card - formerly Chargecard/Store card think a new card just turned up as a credit card one day.
Date commenced - 25/6/97
Balance £13276.98
Last paid 30/4/18 £309.75 minimum payment
Have not been able to pay May or June minimum payment due to no income from business
Status - Credit report from Noddle today 1/7/18 shows up to date.
Account owner M&S Bank

Correspondence
Letter sent (Citizens advice template) explaining cashflow position, asking for balance outstanding and requesting hold on action for 3 months whilst I work out finances and requesting freeze on interest and charges to stop debt increasing and an explanation if they can't or won't do this. No response to that letter but 2 letters dated 20th June requesting phone calls. Ignored at this point.

This one has immediately caught my eye

From what you say this was a M&S store card which may have been 'upgraded' to a credit card without any further contract/credit agreement signed etc.

I won a case in court with a similar legal scenario.

Read my judgment in this link > http://news.bbc.co.uk/1/shared/bsp/h...wjudgement.pdf

Have you sent a s 77-79 CCA Request to M&S? If not then I suggest you do that now.

Di

[sunnylolly]

Hi Di, sorry only just seen your response. Very interesting reading. Yes I think this was similar, at the time M&S didn’t take credit cards only their store card. I think when they started accepting credit cards is the time they turned the store card in to a credit card. I’m pretty sure it just turned up as a replacement. I haven’t done anything with any of these yet was waiting for some advice. If you think this one is s good place to start with I will definitely do that. I’ll find the template and get letter sent. Thank you.

[sunnylolly]

https://www.telegraph.co.uk/finance/...alty-card.html

They started taking credit cards in 2000 and launched their own in 2003.

[Still Waving]

Hi

I would also suggest sending CCA74 requests to - at least - all the other pre-2007 ones, initially. The post-2007 ones you could send a little later.

Other folk may suggest sending the requests for all of them now. When all the replies are in you will have a clearer picture of how you stand.

[sunnylolly]

Afternoon everyone, I am trying to update this on a weekly basis each weekend unless anything urgent comes in beforehand. Had a few letters this week and I am using the method of dating the envelope and stapling to the letter. Sorry can't remember who to thank for that but it is a great system thank you. I am then starting individual folders.
I have downloaded the CCA request and am going to send to M&S, as Di has suggested - I notice the tamper proof signature strip, do I just sign normally over this?
I am not sure where to go with the others now, is it worth sending them all a CCA request now to have an idea of my position? or is there any advantage in leaving for a while?
What should I do about Income and Expenditure requests? I have written to most of these and asked for 3 months to get all the information together but haven't had responses from all yet, should I hold out for them?
I am still not in a position to pay anything. My initial plan was to try and get them all to hold off for 3 months whilst we out the house on the market and see what my financial position would look like. So I suppose if I sent all the CCA requests I would at least potentially have an idea which ones were unenforceable and take it from there?
Sorry for all the questions, any advice appreciated.
Happy Sunday

[cymruambyth]

Do not fill in any I&E forms, courts are the only people who need these filled.

If you send CCA requests it will give you breathing space and you may find that some of the debts are not enforceable if you want to try going down that route. Whilst the CCA requests are outstanding the debts are not enforceable and needn’t be paid.

Do not speak to anyone by phone, you need a paper record. If you get phone calls, send the phone harassment letter from our template section.

Good luck and keep posting for guidance as AAD has a very successful system for dealing with your situation.

[Still Waving]

In addition, don't be panicked into putting your house on the market. That is a major decision, and you need to be sure to be doing for the right reasons. In any event, there is no telling how long it would be on the market, so is not necessarily a quick fix. Take your time to establish where you stand, and to formulate the optimal plan for your situation.

[MisterK]

Agree with SW. Take your time and don't even think about paying UE debts from house equity. If any of these turn out to be enforceable then you can also do much better for yourself with these by following the guidance from here. Good luck, time is on your side more than you might think, this way you take control.

[Joanna Connolly Solicitors]

Had a few letters this week and I am using the method of dating the envelope and stapling to the letter.

. . . I have downloaded the CCA request and am going to send to M&S, as Di has suggested - I notice the tamper proof signature strip, do I just sign normally over this?
I am not sure where to go with the others now, is it worth sending them all a CCA request now to have an idea of my position? or is there any advantage in leaving for a while?

. . . So I suppose if I sent all the CCA requests I would at least potentially have an idea which ones were unenforceable and take it from there?

I can see you've updated all your individual posts which is helpful.

I'll take a look at each one tomorrow and make suggestions since no two debts are alike so they need to be treated in a bespoke rather than general way.

I see your Husband has spoken to some and agreed things. Perhaps it's best to ask him not to talk to anyone - everything needs to be in writing from now because you'll need a paper trail for the file, and to avoid revealing 'too much information' by accident over the phone.

As for the anti tamper strip, I personally think you can sign digitally (in a computer font) at the bottom of your s77-79 CCA Request.

Di

[sunnylolly]

Hi everyone, a belated thank you for all the advice and responses so far. I’m just wondering if there is any further advice on sending off for copies of agreements on all our other debts or if there is something else I should do instead? I’m just wondering whether to stock up on postal orders tomorrow?
I think my initial plan is to see which ones are enforceable and which aren’t so I know what I’m dealing with. Unless there is a better course of action at this stage.
It feels a little bit unnerving to be doing nothing.
Thanks again.