Spud's UE Diary

[Spud]

Re: Spud's UE Diary

Just a quick question good people of AAD....

A couple of creditors keep asking me to complete and send in an I & E form.

Now I did send them an I&E form some time ago showing that I have Nil disposable income and am effectivley making payments towards these accounts out of my very small groceries budget.

I have ignored their request for now but should I continue to ignore.... Especially As I will be stopping payments now or should I send it in to them to show that actually, I cannot even really afford the £1.00 pcm token payment and they could clearly see that it would be hopeless taking me to court ect as I dont have the money to repay them?

Any thoughts?

[Spent2much]

Re: Spud's UE Diary

Thanks - I appreciate it

Im just too damn cautious..... Thats my problem

I'm 100% behing UE though..... Just got to research it all through first

Fully understand your feelings, with us it was years of being terrorised by the dca and as i suffer panic and axiety i was reluctant to stop the payments, but after a few days on here and the confidence i gained from the support and reading the ue diaries, my hubby said 'DO IT ' we had a failing business and were not living any sort of life we were just paying bills and being under stress because of our situation ,so our conclusion was to go for it, we didn't care if lost the house at point as we were just in such a mess we just thought 'what the heck'.

Seven months on and all our debts are coming back ue , still waiting on some ,but the feeling of being back in control and not stressing and living in fear of dca has improved our health 100%.
Our business is improving and hubby took on another job on an evening .

At first it was scary , but you can only get so many 'pay up or we will hack your legs off' letters and then it just goes over your head and your attitude changes from to

If i can do it anyone can

[Spud]

Re: Spud's UE Diary

Thanks - I appreciate it

Im just too damn cautious..... Thats my problem

I'm 100% behing UE though..... Just got to research it all through first

[jon1965]

Re: Spud's UE Diary

Hi Spud
Finally gotten round to reading your thread. I can see you are a bit like me, want to have a list of arguments lined up just in case. I have various bits n bobs for most of them, bad DN's (once they are sold on it's quite difficult for them to fix that) some have said they do not have the original.
I sent one a letter entitled Dear fuckwits and said make me bankrupt, not heard for nearly a year. High risk strategy but if BR is an option and you have no assets then worth a try.

Good luck in all of it

[Spud]

Re: Spud's UE Diary

Thats very true Ken - Wise Words

I can see... In my case at least that not stopping payments when I first started looking at the UE route a year ago means that I now have a year longer to wait as it were... But different situations for different people I suppose.

I'm not too bothered about stopping the payments as I can prove beyond any reasonable doubt that I cannot even afford to pay the token payments but have been doing so out of our already tiny groceries budget.

I am keen to look at any negative influence that witholding payment may have should I ever come to court, Not as a reason to keep paying but so I can get a good counter argument in place should that day arrive.

I've been reading with interest, "Pauls" posts about keeping a contact with creditors and what he says about witholding payments ect.

I'm just one of those "Got to get the plan sorted first" type people I guess

[ken100464]

Re: Spud's UE Diary

Its interesting to see someone entering the UE journey and someone reaching the promised land of UE.

The initial stopping of payments when you start just seems plain wrong. Our mindset clouded by bank and DCA contact and yes the wider public moral tells us this.

What seems incomprehensible to one seems very sensible to another and vice versa.

We being cautious in nature took ages to cancel the payments then agonised afterwards what we had done. Whats happened? We had been led to believe hell and damnation just to start would be our fate. But the reality is we have so far got one solitary letter. The we are off to look for the CCA letter. The other ones the cat got their tongue.

Every debt is personnal. Even one that is small on here is big to us just because its there and part of our overall problem.

I understand both positions but do think the more immersed into UE we become the more our mindset changes.
The start is a scarey time, the end I can only imagine.

[Spud]

Re: Spud's UE Diary

SH - Thankyou

I fully appreciate what you are saying. I know you hav'nt read the full post - Basically

I went through a "Bad" patch and the token payments were just a way to "buy" me a few months where the Creditors backed off a bit ect Just could'nt cope with the continued contact - Especially Barclaycard who turned up on my door ( Soon sent them off though )

I'm now feeling quite a bit better, Have eventually joined this site ( After lurking for months) and am activly looking at the UE route.

CCA's for these 2 Barclaycard accounts will be posted off within the next few days. As soon as I receive them... I will then again Spam Niddys inbox ( Sorry Niddy ) and send a copy of the default notices ect

I have heard that Barclaycard are one of the worst CCA wise... Not counting my chickens but fingers crossed

[Spud]

Re: Spud's UE Diary

I like it... A nice sneaky way of costing them some money!

I did'nt reply - Researched them - On here I think It was.. and it said just as you had done - Letterheads for hire

Never thought of replying to them so that it may actually cost them.... Not that I would of course .......

I'm just quietly gathering every small snippet of evidence I can against all these DCA's ect - I could just be the straw that broke the donkeys back

[ScabHunter]

Re: Spud's UE Diary

I haven't got time to read through the whole thread, but why in the name of Beelzebub are you making token payments on Sharklaycards which were taken out before 2006? This achieves absolutely nothing. It doesn't stop the possibility of litigation, it doesn't stop the threats and harassment, and it doesn't even reduce the alleged balance by anything worth mentioning. All it does is continually restart the limitation clock and push into the future the date when you might be free of all this.

The chances of the agreements even existing are slim. If they did exist, they would probably be unenforceable, and even if they weren't you could probably blag it with the type of clowns you are dealing with here.

Get s. 78 requests off and start the ball rolling on UE. It is almost certain to succeed in these cases.

SH

PS The default notice received in November - have you retained it with the envelope? Has anyone seen and it and said whether or not it is compliant?

[The Tech Clerk]

Re: Spud's UE Diary

I will be sending off for a CCA on this account over the next few days

Couple of questions:

August 8th - Partner received a telephone call saying they had a parcel to deliver and could we confirm the address - Got the number off the phone - Capquest !!

Is this regarded as misleding activity?

I also wonder about the tone and content of Capquests letters - Threatening bailiff action and walking possession orders ect if successful at court before we have been anywhere near a court!

I'll have to post them up on here - They seem just a bit too strong if you know what I mean and I believe Capquest have been known to be a bit heavy handed ! - It would be nice to have a genuine cause to complain - Ammo for a case ect

Another thing - The Letter from HL Legal ( Which I believe are a £35 solicitors letter hire firm) has no date on it yet it threatens that if not paid/Settlement by a certain date - Court proceedings may be issued..... And then details what the court costs will be ect

Surely it would be reasonable for a "Genuine" Solicitors letter to contain a date - Especially if threatening a "pay by date"

I wonder If HL Legal just sell them the letterheads and they just print away?

H.L. letters for Hire @ 75p, but state do not reply to them but the address below:- DCA chasing you, I use to send response to H.L. and then get a letter from them stating they forwarded to DCA as I had not followed Instructions on base of letter, hence their 75p credit has been more than spent by them responding to me and forwarding to DCA.

[MrsD]

Re: Spud's UE Diary

they tend to say (on telephone) much worse

as long as you have everything, that's fine, our preferred legal eagle just loves this sort of stuff if it goes to court, but that's the last option so try no to worry about it.

[Spud]

Re: Spud's UE Diary

Thanks Mrs D

My file is growing nicely... If it were a tomato plant I would be really pleased with it !

I Keep everything filed away in date order - Took some time to set up but its worth it.

Completely agree with your summary - I ( Would... Eventually !) like to have all the arguments set out and ready to go... Even If I dont need them, Thats just the kind of person I am.

I might look further into this - As you say, It may have possibly breached the guidelines - Nothing major I know but 100 minor breaches that I detail and research may just swing things in my favour one day if that day ever comes !

Thankyou

[MrsD]

Re: Spud's UE Diary

I will be sending off for a CCA on this account over the next few days

Couple of questions:

August 8th - Partner received a telephone call saying they had a parcel to deliver and could we confirm the address - Got the number off the phone - Capquest !!

Is this regarded as misleding activity?

I also wonder about the tone and content of Capquests letters - Threatening bailiff action and walking possession orders ect if successful at court before we have been anywhere near a court!

I'll have to post them up on here - They seem just a bit too strong if you know what I mean and I believe Capquest have been known to be a bit heavy handed ! - It would be nice to have a genuine cause to complain - Ammo for a case ect

Another thing - The Letter from HL Legal ( Which I believe are a £35 solicitors letter hire firm) has no date on it yet it threatens that if not paid/Settlement by a certain date - Court proceedings may be issued..... And then details what the court costs will be ect

Surely it would be reasonable for a "Genuine" Solicitors letter to contain a date - Especially if threatening a "pay by date"

I wonder If HL Legal just sell them the letterheads and they just print away?

they are letterheads for rent Spud

while it's all against the guidelines, it's horribly common, keep everything in a big file, if you ever need it, you have it, the point of UE is to prepare for court in the hope that you'll never need the preparation

xx

[Spud]

Re: Spud's UE Diary

Barclaycard Visa

Start: Pre 2006 – Will update
Balance: £350 - Not much I know but still a lot to me!
Last Full Payment: Nov 2011
Present: £1.00 Month Token payment
Status: Defaulted. Still in House?

2012

Jan 20th
Change of Circumstances letter sent
Feb 8th
Token payments accepted letter
April 3rd
Formal payment plan offer letter
April 8th
Mercers – Default Notice
April 22nd
Mercers – Can we help – Doorstep collector threat
May 4th
Complaint and remove access to property letter sent
May 11th
Confirm complaint received
June 6th
Complaint reply – Have removed tel. Nos ect
June 6th
Barclaycard – Token payments offer accepted
Oct 10th
Confirm telephone no’s removed from account letter
Nov 18th
Mercers – Default notice received


2013

Jan 3rd
Mercers – Token payment offer accepted

Will be sending off the CCA request letter shortly

Feb 23rd
CCA sent to Niddy - Niddy says

[Spud]

Re: Spud's UE Diary

I will be sending off for a CCA on this account over the next few days

Couple of questions:

August 8th - Partner received a telephone call saying they had a parcel to deliver and could we confirm the address - Got the number off the phone - Capquest !!

Is this regarded as misleding activity?

I also wonder about the tone and content of Capquests letters - Threatening bailiff action and walking possession orders ect if successful at court before we have been anywhere near a court!

I'll have to post them up on here - They seem just a bit too strong if you know what I mean and I believe Capquest have been known to be a bit heavy handed ! - It would be nice to have a genuine cause to complain - Ammo for a case ect

Another thing - The Letter from HL Legal ( Which I believe are a £35 solicitors letter hire firm) has no date on it yet it threatens that if not paid/Settlement by a certain date - Court proceedings may be issued..... And then details what the court costs will be ect

Surely it would be reasonable for a "Genuine" Solicitors letter to contain a date - Especially if threatening a "pay by date"

I wonder If HL Legal just sell them the letterheads and they just print away?