ShedAnd Unenforcability Diary

[ShedAnd]

Ok, Hi to all, I am going to keep this brief, back in Dec 2010 me and my wife had our house Repossessed by Platform home lending, They sold it I think April 2011 with a shortfall of £35466.78 including charges and fees. Also we had a secured loan on the house with GE money and they are chasing use for £20664.50.

Please could someone help us on these?

we have not heard from GE money since Dec 2011 and this was with debt collections agency DLC they was trying to get me to agree an arrangement for the debt 50% off with 60 monthly payment of £172.20 I still have the email. Not heard from since as I ignored the email.



Platform, was in talks over the Phone and I offered a token payment to them of £10.00 for the next six months starting Nov 1st this was mid-October but I soon called them back cancelling the direct debit and told them I will be writing to them regarding the claim and I do not acknowledge it (or I will be contesting it). I have managed to get some breathing space till 3rd Jan 2013.



I have my own debt with Santander (agreed overdraft not sure the original limit think it was around £500) originally with Abbey Nat bank. Last heard from them I think was July 2010 the debt was with Clarity, I told them to stick it over the phone as I owe the money to Abbey Nat whom no longer exist, last payment into the account was Sept 2006, Abbey closed the account down around that time they are/was chasing £719.51.



My wife has some debts from before we met in 2004, and these have been on a DMP since 2003, she is paying the DMP £50.00pm



They are as follows. (Copied and pasted from DMP website)

ROBINSON WAY LTD. £3,044.25 Original Creditor: BANK OF SCOTLAND, SAINSBURYS BANK

CL FINANCE . £1,406.59 Original Creditor: LEWIS DEBT RECOVERY. On a CCJ not sure of court and when (about 4 years ago).

LOWELL FINANCIAL LTD. £866.76 Original Creditor: SAINSBURYS LOAN

CAPQUEST DEBT RECOVERY. £787.27 Original Creditor: BANK OF SCOTLAND, SAINSBURYS BANK

CL FINANCE . £203.93 Original Creditor: SANTANDER CARDS. On a CCJ not sure of court and when. about 4 years ago.Another 1 to add to the wife list I missed out

CL FINANCE £12,763.42


Original Creditor: HSBC BANK PLC




I think the way forward with these is the UE route but not sure about the 2 CCJs

next payment due to DMP is 10th Nov £50.00 both CCJs amount to £10.00,fiver each.

Any Help would be greatly appreciated.

[vint1954]

Re: Making a start to tackle the creditors

The first step will be to send a CCA request to all of your creditors, with the exception of those that have not contacted you for a while.

CCA request is here: http://www.all-about-debt.co.uk/temp...lity/s1-t1.php

Those creditors that have not contacted you for quite a while, wait until they do then post here with updates. No point in poking them with a sharp stick if they are leaving you alone.

You will need to continue to pay those that are on CCJ's.

Once you know the enforcability status of your debts, you can then decide what to do about your DMP.

[ShedAnd]

Re: Making a start to tackle the creditors

Thanks for a quick reply Vint.

would it be best to cancel the DMP and start paying the CCJs direct and wait for the rest to start sending letters and then respond with a CCA.

Cheers, Andy.

[vint1954]

Re: Making a start to tackle the creditors

No, keep paying the CCJ's. I would be inclined to wait until you receive the replies from you CCA requests before you decide to make changes.

If they are UE, you can decide then about the DMP.

They have 12+2 days to respond. When you send the CCA requests, send them recorded delivery and keep the receipts.

[vint1954]

Re: ShedAnd Unenforcability Diary

Thread moved to UE diaries

[ShedAnd]

Re: Making a start to tackle the creditors

Yes sorry I duplicated a debt..oops!

Just for clarity my way forward is to cancel DMP and pay CCJs direct (need to find there contact address)

stop paying the rest and wait for them to contact us?

for the 1st mortgage (Platform) I will be sending them a break down of balance letter and then take it from there.


2nd mortgage (GE Money) I am going to wait until they get in touch then take it from there.

Cheers Andy

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Thanks for moving me to the right place Vint

Andy

[ShedAnd]

Re: ShedAnd Unenforcability Diary

I will start updating the diary as and when I have a little more time on my hands there is a lot to fill in.

Cheers Andy.

[Undercover Elsa]

Re: ShedAnd Unenforcability Diary

Morning

Regarding the Abbey Overdraft, if you've not made payment since September 2006 and they defaulted/terminated it round that time, then it should be Statute Barred by now, meaning they can't enforce in court.
Don't contact them about this unless you hear from them, and report on here first if they make contact..

[ShedAnd]

Re: ShedAnd Unenforcability Diary

I'm not going for UE with the mortgages but asking for advice, platform and GE money will be tackled separately trying to get them to reduce the amount.

We are in private rented accommodation now and In A very nice area of where we live.

Elsa, I think it will be very difficult to get a mortgage now after repo.

I don't think I want to go down the complaint route with platform not until I've sent them a letter asking for a full breakdown of the account(I'm not admitting liability to there claim).

The main thing I want to know is do I pay this months DMP of £50 due on the tenth and then send them a CCA letter or would I be best cancelling the DMP before the tenth and waiting for them to start chasing us and then send them the letter (I know we need to pay the ccjs no mater what so we will be doing that directly to them.

[Undercover Elsa]

Re: ShedAnd Unenforcability Diary

I was repossessed back in the 70's when I was 8 months pregnant. Damn near killed me so I know what you've been through. I didn't even try for a many years, just rented but eventually in the 90's I got a mortgage no problem.

Are all the unsecured debts on the DMP pre 2007?

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Yes they are all pre 2007. The are the OH debts but I am going to do the leg work and letters for them.

[Undercover Elsa]

Re: ShedAnd Unenforcability Diary

The main thing I want to know is do I pay this months DMP of £50 due on the tenth and then send them a CCA letter or would I be best cancelling the DMP before the tenth and waiting for them to start chasing us and then send them the letter (I know we need to pay the ccjs no mater what so we will be doing that directly to them.

I agree with Vint here, I wouldn't stop this months DMP payment. Until we know what type of debt each is, ie credit card/loan/OD, when it was taken out etc it's hard to judge the likelihood of unenforceability.

Plus it's only 2 days to 10th, and you don't really have much time to sort taking over payment of the CCJ's (included in the DMP?) yourself.

So, if it was me I'd simply send off the CCA requests for any that are cards or unsecured loans, then by next month you'll have had chance to sort out the CCJ payments so there's no break, and in a better position re info.
Leave the Overdraft until/unless they contact you as it's probably Statute Barred.
Also....Start 2 seperate threads in the Housing Section for the secured loan and Mortgage shortfall as PlanB suggests.

You're going to need document folders. Lots of them (1 for each debt so you can keep track of everything from now on)

[Undercover Elsa]

Re: ShedAnd Unenforcability Diary

Posts crossed...cheers FB

[ShedAnd]

Re: ShedAnd Unenforcability Diary

Cheers FP I will look at that thread when I get home from work as I am using my iPhone to post at the moment.

I will pay the DMP this month then and them ring them ask for all contact details for the creditors.