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  • #46
    Re: Help please!

    Originally posted by cymruambyth View Post
    Hi, try not to worry!!!!! Re unenforceable agreements, yes they can take you to court BUT we have a very successful legal team and links with an excellent solicitor who specialise in the CCA and in beating DCAs. When an agreement is unenforceable and the defence is submitted, the majority of claims supported by AAD are discontinued before court.
    This is a long way down the road for you, just remember to ask for help before you reply to any communications, so that you follow the route that we use with our very carefully worded letters.
    Charging orders cannot be obtained until you have lost at court - all this is a long way down the road and you will be supported to avoid this.

    You can send any unedited agreements to Niddy with a link to a relevant thread and your name.
    Uploading agreement now and emailing. Thanks again. I'm meant to be working!

    Comment


    • #47
      Re: Help please!

      Update

      updated the diary (hope I've done this right). Letter from DLC asking to agree a repayment etc. The 28 days isn't up from the last letter and this has been churned out. Do you think they can't count very well? Nevertheless, feeling a bit twitchy so appreciate advice on what next move is.

      Comment


      • #48
        Re: Help please!

        Originally posted by Getting Sorted View Post
        Update

        updated the diary (hope I've done this right). Letter from DLC asking to agree a repayment etc. The 28 days isn't up from the last letter and this has been churned out. Do you think they can't count very well? Nevertheless, feeling a bit twitchy so appreciate advice on what next move is.
        Don't stress - you'll be fine. You can safely ignore this recent letter as you're still awaiting a reply to your follow-up.
        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


        • #49
          Re: Help please!

          Originally posted by Never-In-Doubt View Post
          Don't stress - you'll be fine. You can safely ignore this recent letter as you're still awaiting a reply to your follow-up.
          You mean the one from 2011 - Their admin must be quality

          Comment


          • #50
            Re: Help please!

            Ooops sorry I thought you'd sent a CCA follow up. If not doesn't matter. For now sit tight & see what they send next.
            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


            • #51
              Re: Help please!

              Sorry, getting a bit confused. Should I have sent another request? They've just churned out letters saying to contact them. They have sent the CCA which you said was unenforceable, so I'm not sure what to do. Unless I'm being an utter dumbass (more than likely). Will be totally guided by you. Thanks as always.

              Comment


              • #52
                Re: Help please!

                No sit tight for now. No need to reply
                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


                • #53
                  Re: Help please!

                  Hi Getting Sorted

                  I know its really difficult, and easier said than done, but you must try to stop stressing and jumping at shadows. Why? Because this is EXACTLY what your O/H's creditors WANT you to do.

                  For you its very personal, but for your creditors it mostly a numbers game and its important to remember that point.

                  You're now on the last lap of your UE journey, you can see the finishing line, what your creditors are now trying to do is trip you up before you get there. Its all tactics, and their plan is to apply pressure these last couple of months to trick you into making a mistake and you almost fell for it.

                  If you had entered into any correspondence with them where you may have inadvertantly admitted liability for the debt you would have RUINED 5 years hard slog which has got you to where you are now.

                  Yes, there could still be some tricky things to negotiate, but the most important thing is DO NOT make knee jerk reactions or decisions. There is always more time than you think to respond, and even if theres a legal threat CPR rules require them to allow you sufficient time, that time giving you opportunity to seek guidance here.

                  This is all about approach and tactics, they're playing with a weak hand and they know it so don't allow them to bluff you. Its completely normal to see an increase in collection activity and threats in the last 12 months towards SB because they know they have to make a choice - either issue a claim, where they may lose, or write off the debt. They don't want to do either so would rather send out a few threatening letters hoping that the sudden shock of those threats after a few years of silence will cause you stress.

                  Keep posting during this time and everyone here will help you over the finishing line.

                  Best of luck

                  SnV
                  "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                  The consumer is that sleeping giant.!!



                  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


                  • #54
                    Re: Help please!

                    Originally posted by SaltnVinegar View Post
                    Hi Getting Sorted

                    I know its really difficult, and easier said than done, but you must try to stop stressing and jumping at shadows. Why? Because this is EXACTLY what your O/H's creditors WANT you to do.

                    For you its very personal, but for your creditors it mostly a numbers game and its important to remember that point.

                    You're now on the last lap of your UE journey, you can see the finishing line, what your creditors are now trying to do is trip you up before you get there. Its all tactics, and their plan is to apply pressure these last couple of months to trick you into making a mistake and you almost fell for it.

                    If you had entered into any correspondence with them where you may have inadvertantly admitted liability for the debt you would have RUINED 5 years hard slog which has got you to where you are now.

                    Yes, there could still be some tricky things to negotiate, but the most important thing is DO NOT make knee jerk reactions or decisions. There is always more time than you think to respond, and even if theres a legal threat CPR rules require them to allow you sufficient time, that time giving you opportunity to seek guidance here.

                    This is all about approach and tactics, they're playing with a weak hand and they know it so don't allow them to bluff you. Its completely normal to see an increase in collection activity and threats in the last 12 months towards SB because they know they have to make a choice - either issue a claim, where they may lose, or write off the debt. They don't want to do either so would rather send out a few threatening letters hoping that the sudden shock of those threats after a few years of silence will cause you stress.

                    Keep posting during this time and everyone here will help you over the finishing line.

                    Best of luck

                    SnV
                    I know I am. I do feel like giving in just for it to go away. Things had been so very quiet that I forgot it existed to be honest and got on with our lives. Thank you for your support. It does mean a lot to me. Need a very large drink this evening.

                    Comment


                    • #55
                      Re: Help please!

                      And breath xxx
                      if you do it today and you like it you can always do it again tomorrow


                      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


                      • #56
                        Re: Help please!

                        Originally posted by Getting Sorted View Post
                        I know I am. I do feel like giving in just for it to go away. Things had been so very quiet that I forgot it existed to be honest and got on with our lives. Thank you for your support. It does mean a lot to me. Need a very large drink this evening.
                        I understand how you're feeling. We all have out little wobbles from time to time

                        You're soooooooooooo close now to getting to SB, but if you 'give in' then I can guarantee that it won't go away because if you reset the SB clock you then give them another 6 years of opportunity to continue to harass and stress you out. It really is like a game of cards, they are bluffing and trying to get you to show your hand or give away your Ace.

                        Respond correctly and they'll either have to fold, or play their bluff - all the pressure is then on them!

                        Keep remembering that for them this is not personal, it will come down to a risk/reward business decision, and you don't want them to weight the reward factors for them by panicking and giving them ammunition.

                        The other important thing to remember is everyone advising you here has gone through, or is going through, the same thing and speak from personal experience. There are no 'armchair lawyers' who disappear into the ether if things get sticky, and the legal team here have a fantastic track record should things get that far, but play your cards right, then hopefully it won't.

                        Stand firm now, and it WILL definately go away (one way or another) in the next 12 months. If you let them trip you up then you'll be dealing with things for longer.

                        The thing about DCA letters is they're a bit like boiling a frog. Drop a frog into hot water and it'll notice immediately, but put it in cold water and slowly heat it up it doesn't (before anyone says anything this isn't something I have ever done!). What I'm saying is when you are getting the letters all the time, you become numb to it and don't really notice them. They lose their impact. When you've not had them for a couple of years the impact is much more effective. Also, you've probably got yourself back on your feet and may even have a bit of money put aside. You start thinking "I'll make them an offer and they'll go away". But thats what they want you to do, you acknowledge the debt, reset the SB clock, and they know you have a bit of money so will start pursuing you more aggressively.

                        Thats why they do it this way!

                        You've come a looooong way, and been brave and stood up to the DCA's and their bully tactics. Let them do all the running, let them stress about what to do, and whenever you hear from them, or whenever you have thoughts about giving in come and post here and everyone will help you get to that finish line.

                        Enjoy your very large drink this evening, its really well deserved
                        "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                        The consumer is that sleeping giant.!!



                        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


                        • #57
                          Re: Help please!

                          That's exactly the thing , they dont care what hurt they inflict as long as they do.Don't give them the satisfaction, do you really want another 6 yrs? xxxxxx
                          if you do it today and you like it you can always do it again tomorrow


                          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


                          • #58
                            Re: Help please!

                            Thanks SnV. I probably needed the pep talk/semi bollocking.

                            Comment


                            • #59
                              Re: Help please!

                              Originally posted by Getting Sorted View Post
                              Thanks SnV. I probably needed the pep talk/semi bollocking.
                              You'll never see SnV bollock anyone

                              Don't worry about that. He's hardcore anti abuse of consumers (aren't we all) and we hate seeing our members get wound up and upset at the behaviour of banks & DCA's. We feel your pain. We've all been there and we've come out much stronger as a result.

                              I tend to be the stroppy bugger on AAD but we'll not dwell on that eh haha
                              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


                              • #60
                                Re: Help please!

                                Originally posted by Never-In-Doubt View Post
                                I tend to be the stroppy bugger on AAD but we'll not dwell on that eh haha
                                Isn't that coz you support Rangers?!

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