XX007 - UE Diary - Tomorrow never dies

[nightwatch]

you could send the telephone harrasment template, they will most probably reply that they havent been unreasonable and they use this way to best contact and help you.

[XX007]

Hello again my monthly payments have been allowed to tick over for the last couple of years and I repaid some of my debt all though I have never managed to get much money saved up to make any settlements with my creditors. The only issue I have at the moment is PRA group consistently calling me with their automated line on my mobile and at home do you think I should complain or should I not rock the boat.

[Pixie]

Re: XX007 - UE Diary - Tomorrow never dies

Great news!

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Shoosmiths have agreed to the payment for 12 months. Thanks everyone for your help.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Thanks everyone they gave me some further time after the initial 30 days. I have sent in my offer and I am waiting to hear if it will be accepted.

[Deepie]

Re: XX007 - UE Diary - Tomorrow never dies

Posted on 23rd October



What happened when the 30 days expired?

All under control now I hope.

Plan B x

I hope all is quite as the OP has not updated ...........

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

Posted on 23rd October

Shoosmiths have put it on hold for 30 days so that's good news..

What happened when the 30 days expired?

All under control now I hope.

Plan B x

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

I don't know if there is any legislation which forbids a creditor from issuing legal proceedings but they should jolly well stick to the spirit of CONC 7.3 once the OP gets a formal payment arrangement in place.

I'm quietly confident that he may dodge this bullet

Plan B x

sorry my bad. It relates to formal (ie IVA / DRO etc). I think I misread original post so answered incorrectly. As you've said CONC is the authority we'd argue if a payment plan is offered.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

The creditor is forbidden from enforcing whilst a formal payment arrangement / agreement is in place and that is legislation not just CONC

. . the best course of action is to get a formal agreement of repayment in place with the creditor which immediately stops ANY legal action.

. . . . a claim will not be issued and if one is the last thing I would be worried about is CONC. I'd rather hide behind the fact I was paying into it which bars them an automatic right to enforcement.

I don't know if there is any legislation which forbids a creditor from issuing legal proceedings but they should jolly well stick to the spirit of CONC 7.3 once the OP gets a formal payment arrangement in place.

I'm quietly confident that he may dodge this bullet

Plan B x

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

She did tell me to submit an I&e to shoo smiths and make a proposal she hinted they may accept £75 per month.

This is a link to the CAB Budgeting Tool which I understand is based on the CFS. https://nedcab.cabmoney.org.uk/quickfs.asp

Click in the *i* symbol next to the category to see suggested amounts based on the Trigger Figures (these get updated annually) http://www.cfs.moneyadvicetrust.org/faqs.asp?page_id=37

You can fill it in and save it in Word format to go back and alter anything you may have missed or want to reconsider.

You can then print it off and send it to Shoosmiths if you don't want to use their I & E.

Plan B x



PS I am not a debt advisor so take what I say with a pinch of salt and then make up your own mind on what would work best for you

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

She did tell me to submit an I&e to shoo smiths and make a proposal she hinted they may accept £75 per month but even that might be too high at the moment I will have to have a good think about it.

I missed this and a couple of other posts while I was busy typing mine and on the phone at the same time.

A hint at £75 per month from the lady at Nationwide is a step in the right direction. At least they're considering less than Shoosmiths' first indicated.

Shoosmiths may be dealing with you direct, but they still have to take instructions from their client. If NW are willing to accept payments which will take longer than 60 months to clear the debt then Shoosmiths can't argue.

Take your time to think all this through. You've got a whole month in front of you.

Plan B x

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

NW may not deal with you now as it'll be referred to legal. I thought I suggested you call Shoosmiths - not NW (as NW won't talk to you now)!

Its probably too late to deal with NW as they've set their position out 130 per month. I doubt that's doable in which case you may need to let them have the charge and just agree with the court a lower payment - that's really the only way they'll let you pay less indefinitely.
h
Regardless of of whether you send and I&E in line with CFS - they are entitled to pursue the debt . . .

I'd be looking at asking planB about the CO

The OP did call Shoosmiths first as you advised them to do by email and the firm has put the account on hold for 30 days. Yay!

The current payment arrangement was made with Nationwide and they are being paid direct so it may/may not be possible to continue to negotiate with them since the FCA CONC 7.3 says a creditor ought to do all sorts of things before threatening or taking legal action. He wanted to give it a go while he has time on his side.

One of the CONC 7.3 "rules" is to give regard to the CFS. As yet the OP has not provided NW with an I & E Form despite their and their solicitors' requests so they are boxing in the dark. They will say they can't be expected to assess whether his monthly payment offer is "reasonable" if they don't know anything about his financial situation. There are times when sending an I & E to a creditor or solicitor is wise, and this may be one of them.

CONC 7.3 also says a creditor should not to take action for at least 30 days (followed by another 30 days if appropriate) if the debtor informs them that they are intending to enter into a DMP etc.

https://www.handbook.fca.org.uk/hand...ate=2016-03-21

The OP's main concern is to avoid legal proceedings at all costs. This may include setting up a DMP even if it's only to buy him more time (a year or even more) until he can afford to make F & F settlements. Some of his debts may be UE but I doubt a DMP will allow you to mix and match your debts.

Whatever happens he knows he's got 30 days to figure out what would be the best option for him to take once he's done his homework even if that includes a visit to the CAB so he can demonstrate he's taking the situation seriously.

Not enough is known about the OP's overall financial situation for me to suggest a voluntary charge.

Plan B x

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

I have just got off the phone and you are spot on I was referred to legal who I called and was told to go through Shoosmiths.

See what planB says ref CO. May be easier her ringing you (with our full authority)...

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I have just got off the phone and you are spot on I was referred to legal who I called and was told to go through Shoosmiths.

She did tell me to submit an I&e to shoo smiths and make a proposal she hinted they may accept £75 per month but even that might be too high at the moment I will have to have a good think about it.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

NW may not deal with you now as it'll be referred to legal. I thought I suggested you call Shoosmiths - not NW (as NW won't talk to you now)!

Its probably too late to deal with NW as they've set their position out by saying they want repaid over 60 months which is £100-£130 per month. I doubt that's doable in which case you may need to let them have the charge and just agree with the court a lower payment - that's really the only way they'll let you pay less indefinitely.

Regardless of of whether you send and I&E in line with CFS - they are entitled to pursue the debt and sadly if you can't pay £100+ per month for the next 5 years they'll push for a CCJ then CO.

I'd be looking at asking planB about the CO and options as that's likely to be the most realistic option. If they have a charge they won't enforce sale but when you do sell they get paid after the existing first charges. That way you may be ok paying a tenner a month or whatever.