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  • sulphur2001 Parents UE diary

    The main aim here is my parents who are suffering from ill-health have some previous credit card debt. My Dad suffered a major heart attack after a life in the building trade and finds most simple ventures out of the house difficult - though the spirit is still there!

    The plan is that I've had them send of CCA requests to their various debtors just using standard templates. All have been passed from their original debtors to debt collection agencies (Cabot, etc).

    After the CCAs, the plan is that I'll fund a full and final settlement thing.

    I'm going to attempt to keep any identifying details, but will post enough to keep things, er, interesting? I guess the first step is to send things off to Niddy. I'll start with the easy ones and get to the end. However, here's a where I'm at right now:

    Bank 1:
    Applied CCA request to the original lender. They responded via the debt collection agency who have provided a badly photocopied agreement. I'll send this off to Niddy as a lot of it is illegible, however enough of it is.

    Bank 2:
    Responded promptly. Personally this looks enforceable to me. There's signatures, everything's legible and no hint of it being reconstituted.

    Bank 3:
    Have responded with Reconstituted agreements, will send to Niddy.

    Bank 4:
    I guess I'll have to identify these. This was Barclaycard, it was my Dad's oldest credit card account. We have not received anything other than bouncing around between Barclaycard, Morgan Stanley and the DCA. Barclaycard first wrote back stating that the provided account was belonging to Morgan Stanley (there was a transfer of ownership here). Morgan Stanley wrote back stating that the account belonged to Barclays, who later said "We don't have an agreement; you need to go to the debt collector". We have done so, who have responded "You need to go after Barclays to get this". It's pretty constant bouncing and possibly the more puzzling instance I've come across.

    So, these are going of to Niddy as soon as I get them all PDF'd. But, questions:

    1. My Mom has been paying the debt collectors the menial amounts that she can each month to pay down the debts. As she's been paying for 5 years or so, is there a danger that they will say it's still enforceable as she's been paying it?

    2. They paid off the mortgage prior to all this happening. So far there are no charging orders or anything like that against them. They have defaults on their credit records as you would expect, however no CCJs. Will all this business rock the boat? My Mom is worried that they will get mean with them and start getting heavy, using their asset against them so to speak. Sadly, their original plan of selling up and moving elsewhere isn't happening simply due to the property market in their area and the fact that they will not be able to afford anywhere near the hospital treating my Dad. This was compounded after their car died not too long ago, their only means of independence. OK, technically I was paying the fuel/MOTs and that, which of course I don't mind, but I'd rather see if I can get these cards done with for them first and worry about getting them mobile a little later.

    Anyways - hopefully not too much of a sob story. My Mom doesn't think much of trying to "get out" of paying debt, she has old fashioned values. But, I'd rather battle a little than seeing them in their last remaining years being bogged down with debt they'll never really fully pay off. I'd sooner throw my savings at getting them done as much as possible.

    So, watch this space; I'll keep you all updated

  • #2
    Re: Parents debt diary

    Old fashion values = we all had that until we took a look around and found out, we may have values, commerce lost the meaning in the dictionary! and we then also learnt that commerce values did not exist only greed and co=ersion being the priority!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Parents debt diary

      Right, sent it all off! Hopefully I haven't taken liberties here as there's a fair bit of paperwork (took 5 separate emails). This is possibly the best debt forum on the net. Useful and realistic advice!

      I'll keep things updated as we go

      Comment


      • #4
        Re: Parents debt diary

        Hi Sulphur,
        Bless you, all credit to you for looking after your parents so well!

        With regard to your mum paying them for five years, that doesn't matter if the debt turns out to be unenforceable.

        Good luck with this, have they all been defaulted/terminated and interest stopped?

        Elsa x

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        • #5
          Re: Parents debt diary

          Ok Sulphur

          We're "older" and were in the position around 3 years ago that we couldn't meet our financial obligations. Firstly you need to tell your parents that there is no shame at all in this. Nearly all banks are technically still in big shit and a lot of the actions of the financial institutions have left a lot of us in financial dodo. The only thing we don't tolerate on here is the "you borrowed it so you must pay it back regardless of how you do it" brigade, that is not how we operate or see the world.

          AAD generally steers posters towards UE if this at all possible but I can understand if your parents can't hack that, it's not easy and you have to be prepared to stand up for yourselves (with our help of course). How much money are we talking here in total, sometimes it's not really as bad as you think and what about ppi, any of that on the accounts?

          We also need more information including the names of the banks and what kind of debt it was, this can affect how we deal.

          Type of account (credit card/loan)

          Date commenced (ideally before Apr 2007)

          Approx balance

          Date last paid (approximate date you last made a FULL payment)

          Are you on arrangement or not paying

          Status (default/in arrears/up-to-date)

          Account owner (who is writing to you, a DCA or the lender)

          This is how we like it laid out so that we can see everything at a glance.

          If you have purported CCAs these should be sent to Niddy by email, you need to put your user name in the email and blank nothing out, only Niddy sees them and he is 100% honest, people bank out stuff and it makes it more difficult to check the CCAs.

          IF you want to go down the route of F&Fs, I would say you have a good chance of getting a good deal now, as your parents have been paying for over five years. The other thing I would ask is why you want to pay them off? If they are paying a minimal and affordable amount, why pay out just to show as settled on a credit report? The defaults on their reports will be starting to fall off in the next 18 months, regardless of payment or not.........

          If the CCAs look UE to Niddy, our normal route would be to cease paying and go for SB, as you appear to be in England that means fending off creditors for 6 full years without acknowledging the debt, something we do with the templates on the site and help from Niddy and my fellow mods. Many of us on here are well down that road. As your parents have a house which is mortgage free, there is always a danger that they would go for a CCJ and charging order, something again that we can help fend off BUT your parents have to be in this to win or it simply won't work.

          Lastly, without doubt you will get a much better F&F deal if no payments are made for a couple of months.

          Welcome to AAD by the way................

          Comment


          • #6
            Re: Parents debt diary

            Also = keep a records of copies of all letters to/from them in a seperate file, and remember everything in writing! and letters to them get proof of posting or Recorded Delivery.
            Last edited by The Tech Clerk; 19 May 2013, 10:57.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: Parents debt diary

              To answer various questions:

              Yes, they are all defaulted and interest stopped. My Mom is of the impression that they're doing this to be "nice". Is that the case? Do they have to stop the interest? Or could they just as easily go back and pile all the interest back on or start re-charging it?

              As for why, well... it's simply down to the fact that they want to do something with their lives. Being stuck inside watching five channels as all the rest of their money goes to paying debts. They're on disability living allowance plus a little from me every month. I think my parents have had enough of just hanging this over their heads. Given my Dad's limited mobility, they just want to see a little bit of the world. They did more than enough for me and my Brother, getting us through university and all the rest; if they could enjoy a little of their twilight years instead of being stuck in, then I'm happy.

              So I figure, see how much we can get rid of now using CCAs and that, then finish the rest off with full and finals. That's the vague idea at least

              I've sent all the bits to Niddy with all the info missing from the posts. I'm just wary that maybe DCAs also read these forums and could put 2 + 2 together. That's the only real reason for secrecy at the present moment; Niddy will get the full facts though

              We're talking about £10k total across the four banks. I'm missing some of the info you mention in my emails, however I will email this on once I get it.
              Last edited by sulphur2001; 19 May 2013, 11:33.

              Comment


              • #8
                Re: Parents debt diary

                Oops - just noticed the Unenforcibility Diary forum, may have posted this in the wrong place. Feel free to move if necessary

                Comment


                • #9
                  Re: sulphur2001 Parents UE diary

                  I've moved your thread to UE Diaries
                  "If wishes were horses, beggars would ride"

                  Comment


                  • #10
                    Re: sulphur2001 Parents UE diary

                    Lesson No 1 Sulphur

                    Banks never ever do anything to be "nice"

                    simply doesn't happen

                    I'd keep that in mind whatever way you go with this. Bear in mind that even if the CCAs come back as UE, you still need to go the 6 years with no acknowledgement for your parents to be shot if them, UE is unfortunately not an instant fix.

                    Comment


                    • #11
                      Re: Parents debt diary

                      Originally posted by sulphur2001 View Post
                      Right, sent it all off! Hopefully I haven't taken liberties here as there's a fair bit of paperwork (took 5 separate emails). This is possibly the best debt forum on the net. Useful and realistic advice!

                      I'll keep things updated as we go
                      ahh so you're the reason my email crashed then
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #12
                        Re: Parents debt diary

                        Originally posted by sulphur2001 View Post
                        Oops - just noticed the Unenforcibility Diary forum, may have posted this in the wrong place. Feel free to move if necessary
                        Please start posting new posts regards each account that look like this --> Unenforceability Diaries - Read me First! - allaboutFORUMS

                        That makes it easier for us when you start to get letters etc thrown back from the DCA's....

                        Thanks
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: sulphur2001 Parents UE diary

                          To be honest, I'm not expecting them to come back and say "Can't find the agreement, so we're writing off your debt". I've seen that happen a few times on the interwebs, but as these were sold on 5 years ago and my parents have been paying them token payments ever since, I guess, my plan is to basically use anything that's UE as collateral in full and final settlements.

                          Though given I am new to this entire game, I welcome any guidance in terms of being realistic or better game plans.

                          I think they're just sick of their DCAs running games on them, getting them to up their monthly payments regardless of whether they can afford it. And now, with the whole thing about Charging Orders apparently being really easy to apply, it's another ball game too! I figure now that I have a little bit saved, may as well get this done and dusted ideally before Xmas!

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                          • #14
                            Re: Parents debt diary

                            Originally posted by Never-In-Doubt View Post
                            ahh so you're the reason my email crashed then
                            I heartily apologize! I didn't want to reduce the resolution of the images in case they would end up being not visible.

                            I used .zip format, but I can split things up a bit more if needed... it's about 60mb in total.

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                            • #15
                              Re: Parents debt diary

                              Originally posted by Never-In-Doubt View Post
                              Please start posting new posts regards each account that look like this --> Unenforceability Diaries - Read me First! - allaboutFORUMS

                              That makes it easier for us when you start to get letters etc thrown back from the DCA's....

                              Thanks
                              Will do. I'm waiting on a few bits of pertinent information but will update the original post when I have it all.

                              Everything was pre April 2007, though not sure why that's important.

                              Edit: I just read the read first post (my bad, sorry). I will edit my first post to be a little more amenable once I get the missing pieces.
                              Last edited by sulphur2001; 19 May 2013, 13:00.

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