Help please!

[nanna58]

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

[SaltnVinegar]

Re: Help please!

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

[nanna58]

Re: Help please!

And breath xxx

[Getting Sorted]

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 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.

[SaltnVinegar]

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

[Never-In-Doubt]

Re: Help please!

No sit tight for now. No need to reply

[Getting Sorted]

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.

[Never-In-Doubt]

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.

[Getting Sorted]

Re: Help please!

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

[Never-In-Doubt]

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.

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.

[Getting Sorted]

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.

[Getting Sorted]

Re: Help please!

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!

[Never-In-Doubt]

Re: Help please!

We live in our own house. The letter which was sent to my husband was sent to his previous address which is where his mum lives and is her property. And yes you are absolutely right - if she gets another letter for him, I'm sure she will tell us.

Right - so your answer is they can't touch your mums house. Just ask her to let you know when mail comes. I'd not be worrying. I'd also not be telling them your new address.

Its a bit like asking me "if bailiffs come can they take my sons car"... No. As it isn't yours! Same thing.

[Getting Sorted]

Re: Help please!

Just relax and join me (I'm just starting as well) on this journey. I had the same worries (read my diary). I have £200k equity in my home and my husband is going to pay the rest off soon. It worries me, but decided I would cross that bridge when it came. It's unenforceable and no matter how horrible sounding the letters are, they will have trouble taking it to court. If you join AAD+, you will be able to read something about the court cases that they have helped defend. Believe me, I am both excited and worried, but playing this 'game' is going to be fun. Just remember that the DCAs paid peanuts for your debt and the bank wrote it off. The more I read about the banks and DVAs, the more I realise that I don't owe them anything!

Thanks - I'll follow you closely. I know I'm coming across as some kind of loon (and really I'm not - just a born worrier unfortunately!)

[Getting Sorted]

Re: Help please!

Eh?

Is it YOUR house or is it his mums house? You're saying you're worried but then you're saying its his mums house. Why would you worry about another persons property?

We live in our own house. The letter which was sent to my husband was sent to his previous address which is where his mum lives and is her property. And yes you are absolutely right - if she gets another letter for him, I'm sure she will tell us.