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  • Don't know what to do next

    Hi everyone, I'm a new poster in need of some help and support. I think I probably need to post a UE diary but, in brief, my husband and I have 9 credit cards which we've been struggling with for many years. I've contacted one of the debt helplines a few weeks ago and they told me about unenforceable debts for pre 2007 agreements. I therefore began the process of asking for signed agreements for 4 of my own credit cards before calling the helpline again. This time I was told that I needed to group all our credit cards together and complete a budget with a view to being referred to someone who would negotiate with the credit card companies.

    My husband is reluctant to do anything other than carry on paying his cards as he is still working. He has a fairly high profile job and is concerned about potential damage to credit scores or files. In the past, we've moved to a smaller property to release equity but still have a mortgage that will run for another 8 years. My husband is 62 and plans to work for as long as he's able but he's already drawn down one of his pension pots to pay credit cards.

    I'm 61 and don't work and have no source of income, so rely totally on my husbands income. For the past 3 years we've managed to avoid missing payments until I stopped paying my own cards last month. We have no disposable income after paying mortgage and credit cards. Food and fuel has to be added to a credit card.

    One of my cards (mbna) has supplied a signed agreement showing that the card was taken out in 2009. Barclaycard has supplied a different reconstituted agreement for each of the two cards. Halifax has admitted that they don't have a signed copy of the original but has supplied a reconstituted agreement.

    The outstanding amounts are:
    mbna £2940 (2009)
    Barclaycard £11840 (pre 2007)
    Barclaycard £1068 (unsure but probably pre 2007)
    Halifax ££7900 (pre 2007)

    I also have a HSBC card with £7000 outstanding but have done nothing about this other than continue to pay as our bank account is with them.

    I have now missed the payments for the other 4 cards for the first time. In the last, the credit card companies have happily issued cards and increased my credit limits, even though I've had no income of my own)

    I'm now receiving 6 calls a day from Barclaycard but I don't answer the phone. I'm very worried and would be grateful for any support and guidance. Thanks in advance.

  • #2
    Re: Don't know what to do next

    Hi and welcome to AAD where you will get support and help without judgement. As you have stated you need to start an unenforceable diary as this will help to ensure you are given the correct help for each debt. Once you miss payments, so your credit file will be damaged. If you read around AAD you will see that we have a set letters that have been approved by a solicitor so that they do not admit to anything. When you receive agreements, send them without any data removed (this is totally secure) to never in doubt or Niddy the forum owner at webmaster@all-about-debt.co.uk with a link to this thread in the subject box. He will then let you know if it is unenforceable and which response to give.
    Never speak to anyone on the phone, there is a phone harassment letter.
    Try not to worry too much (much easier said than done) it is only money! You will find that there is a camaraderie on this site, so don't be afraid to ask any questions, they will have probably been asked already. We have an excellent solicitor who works with AAD and as yet no member who has followed the advice her has had a judgement entered against them.
    Good luck on your journey
    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: Don't know what to do next

      Hi a massive welcome to our AAD family , you are indeed right place. I f you could follow Cymruambyths guidance then its a great place to start.Everything sent to Niddy is totally secure .If you can start a diary listing each one separately as Cym says then we will be able to help each individual one. Good luck 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


      • #4
        Re: Don't know what to do next

        Originally posted by Charlee View Post
        Hi everyone, I'm a new poster in need of some help and support. I think I probably need to post a UE diary but, in brief, my husband and I have 9 credit cards which we've been struggling with for many years. I've contacted one of the debt helplines a few weeks ago and they told me about unenforceable debts for pre 2007 agreements. I therefore began the process of asking for signed agreements for 4 of my own credit cards before calling the helpline again. This time I was told that I needed to group all our credit cards together and complete a budget with a view to being referred to someone who would negotiate with the credit card companies.

        My husband is reluctant to do anything other than carry on paying his cards as he is still working. He has a fairly high profile job and is concerned about potential damage to credit scores or files. In the past, we've moved to a smaller property to release equity but still have a mortgage that will run for another 8 years. My husband is 62 and plans to work for as long as he's able but he's already drawn down one of his pension pots to pay credit cards.

        I'm 61 and don't work and have no source of income, so rely totally on my husbands income. For the past 3 years we've managed to avoid missing payments until I stopped paying my own cards last month. We have no disposable income after paying mortgage and credit cards. Food and fuel has to be added to a credit card.

        One of my cards (mbna) has supplied a signed agreement showing that the card was taken out in 2009. Barclaycard has supplied a different reconstituted agreement for each of the two cards. Halifax has admitted that they don't have a signed copy of the original but has supplied a reconstituted agreement.

        The outstanding amounts are:
        mbna £2940 (2009)
        Barclaycard £11840 (pre 2007)
        Barclaycard £1068 (unsure but probably pre 2007)
        Halifax ££7900 (pre 2007)

        I also have a HSBC card with £7000 outstanding but have done nothing about this other than continue to pay as our bank account is with them.

        I have now missed the payments for the other 4 cards for the first time. In the last, the credit card companies have happily issued cards and increased my credit limits, even though I've had no income of my own)

        I'm now receiving 6 calls a day from Barclaycard but I don't answer the phone. I'm very worried and would be grateful for any support and guidance. Thanks in advance.

        suggest when you can start a diary up for each separate account:- i..e. name of card company and events ,

        take a look at the attached and see a format we seem to use:-

        RED/Hampton/Lowell - Support Group

        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


        • #5
          Re: Don't know what to do next

          Originally posted by Charlee View Post
          Hi everyone, I'm a new poster in need of some help and support. I think I probably need to post a UE diary but, in brief, my husband and I have 9 credit cards which we've been struggling with for many years. I've contacted one of the debt helplines a few weeks ago and they told me about unenforceable debts for pre 2007 agreements. I therefore began the process of asking for signed agreements for 4 of my own credit cards before calling the helpline again. This time I was told that I needed to group all our credit cards together and complete a budget with a view to being referred to someone who would negotiate with the credit card companies.

          My husband is reluctant to do anything other than carry on paying his cards as he is still working. He has a fairly high profile job and is concerned about potential damage to credit scores or files. In the past, we've moved to a smaller property to release equity but still have a mortgage that will run for another 8 years. My husband is 62 and plans to work for as long as he's able but he's already drawn down one of his pension pots to pay credit cards.

          I'm 61 and don't work and have no source of income, so rely totally on my husbands income. For the past 3 years we've managed to avoid missing payments until I stopped paying my own cards last month. We have no disposable income after paying mortgage and credit cards. Food and fuel has to be added to a credit card.

          One of my cards (mbna) has supplied a signed agreement showing that the card was taken out in 2009. Barclaycard has supplied a different reconstituted agreement for each of the two cards. Halifax has admitted that they don't have a signed copy of the original but has supplied a reconstituted agreement.

          The outstanding amounts are:
          mbna £2940 (2009)
          Barclaycard £11840 (pre 2007)
          Barclaycard £1068 (unsure but probably pre 2007)
          Halifax ££7900 (pre 2007)

          I also have a HSBC card with £7000 outstanding but have done nothing about this other than continue to pay as our bank account is with them.

          I have now missed the payments for the other 4 cards for the first time. In the last, the credit card companies have happily issued cards and increased my credit limits, even though I've had no income of my own)

          I'm now receiving 6 calls a day from Barclaycard but I don't answer the phone. I'm very worried and would be grateful for any support and guidance. Thanks in advance.
          welcome to AAD

          good advice given above

          I think your husband also needs to have a read through just so he is aware

          no matter how high his profile at work, if there is not enough money, there isn't enough money and you must address that

          drawing down pensions is NOT a good idea
          terrible waste of money

          my husband and I have pretty senior careers and we have come through a long period of debt with a huge mountain of debt, we are now debt free as the whole lot is now statute barred.

          we maintained our careers through all of this,, your private money arrangements are no ones business but yours

          start a diary and send all received CCAs to Niddy, who'll look them over and steer you in the right direction

          this isn't an easy peasy path but it is a much better path and than sacrificing your security in retirement.

          we'll be here and we'll help but essentially your husband and you have to do this.

          keep us updated!

          Comment


          • #6
            Re: Don't know what to do next

            I would just add that keep everything with envelopes!
            Make no Assumptions about documents.
            I regret not joining this Site before!

            Comment


            • #7
              Re: Don't know what to do next

              Hi Charlee, welcome to AAD
              I can only say follow the advice above , if you can get your Hubby to have a look at what can be done without causing any harm to his standing,
              no one knows if you have money problems but you, unless he needs to have his credit file looked at for a job no one can see his file.
              we too used to use up our income to feed creditcard bills, nothing left for emergencys, holidays, days out. till I said enough is enough,
              I was the one who wrote to all the companys,
              I was the one who wrote the replys to the threatening letters asking for higher payments then we could afford.
              I was the one who dealt with all the phonecalls.
              I was the one that found this site and cried with joy at finding such a friendly helpful and supportive place to be.
              and I am now the one that will look forward to spending my hubbys pension and being able to afford to live.

              good luck with your journey, we are ready to help whatever you decide to do NWxxx
              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


              • #8
                Re: Don't know what to do next

                I have also dealt with everything for both myself and my husband! Actually, he probably isn't aware of a lot of what I dealt with on his behalf. And yes I am looking forward to spending his pension.
                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


                • #9
                  Re: Don't know what to do next

                  Thanks to everyone for your support. It's taken me a while to get my act together but having opened a new current account with another bank I'm feeling a little better. I've posted my UE diaries (separate thread for each account - hope that's the right way to do it). I'll now upload the CCAs as soon as possible. Thanks again for any help and support.

                  Comment


                  • #10
                    Re: Don't know what to do next

                    Well done for taking the first steps and good luck.
                    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


                    • #11
                      Re: Don't know what to do next

                      I've merged them into one thread for ease. That's the best way really.

                      See here -> http://forums.all-about-debt.co.uk/s...-Read-me-First!

                      Youll be fine. Try not to stress over these.
                      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: Don't know what to do next

                        Originally posted by Charlee View Post
                        Hi everyone
                        Hi Charlee and welcome to AAD! It sounds like you've really been through the mixer over the last few years and I know it would have taken a lot of courage to post on a forum and share your situation so well done you!



                        The good news is you've taken the first real positive step in years towards dealing with things, and you're in the right place for help. It may seem a little strange to begin with talking about your financial affairs on an internet forum, but almost everyone here has been through the same thing you have so know EXACTLY how you're feeling and will help you all the way.

                        You'll go through a mix of emotions over the next few months, but what your creditors don't want you to know, is that you'll also start to feel relief as you take back control of your finances.

                        Originally posted by Charlee View Post
                        My husband is reluctant to do anything other than carry on paying his cards as he is still working. He has a fairly high profile job and is concerned about potential damage to credit scores or files.
                        What do you mean by 'high profile'? Does his work require him to have a clear financial history (e.g. bank manager)? As someone who could also say they have a 'high profile' job, that requires security clearance to work on certain contracts, I can assure you that as I was honest about my finances it wasn't a problem (in fact hiding it would have been seen as a negative thing as the 'shame' could have been used potentially as leverage/blackmail). No-one however that I work with is aware of my 'poor credit score' and it makes no difference in any other way.

                        Many 'high profile' people have 'shady' credit histories - Simon Cowell was a bankrupt.................

                        With all that said ultimately evern if your husband is in a 'high profile' job if any disclosure is unnecessary, then its no-ones business but his own!

                        Originally posted by Charlee View Post
                        My husband is 62 and plans to work for as long as he's able but he's already drawn down one of his pension pots to pay credit cards.
                        I'll be blunt I'm afraid - this cycle is not going to stop (taking into consideration what you've said about using your cards to pay for day to day living), and you'll have nothing left for your retirement. If things continue then you'll end up with no pension, plus you'll end up in the situation that your husband fears anyway - that is a trashed credit history.

                        Originally posted by Charlee View Post
                        We have no disposable income after paying mortgage and credit cards. Food and fuel has to be added to a credit card.
                        So you can't continue this way - at some point your credit lines will dry up, and then what? What your DH is worried about IS going to happen, your choice now is whether its going to happen on your terms, or your creditors terms...............

                        I'm really pleased to see that you're looking at UE as an option, and it would also appear that perhaps your creditors have been irresponisble in extending your credit line when you have no income.

                        Whats really important is that you're taking back control, your creditors are not going to like this one bit, so be prepared for that!

                        Originally posted by Charlee View Post
                        I'm now receiving 6 calls a day from Barclaycard but I don't answer the phone. I'm very worried and would be grateful for any support and guidance. Thanks in advance.
                        Yes this will be one of the ways they will try to harrass you. I would start to make a record of the number of times they call you, and if possible even record the phone calls. When they call, the first time answer security questions, and then tell them that you will not be discussing the matter from this point forward on the telephone, and that any correspondence from then on should be placed in writing. Make sure you record that phone call.

                        Any further phone calls, refuse to answer security questions and keep a record. There is a template letter you can use if they continue to harrass you in this way, but its important you keep a record of their conduct, it can be used against them (Google Harrison v Link Financial).

                        You've already shown a huge amount of courage and bravery by starting things on your own, posting here for help, and also sending off CCA requests so I know that if you're able to do that then you're able to make the decisions you need to make to get your financial freedom back. There are members here in the same stages of their lives as you and your husband who literally have had over £100,000 of debt and have taken back control of their lives and have never been happier as at one point they couldn't see a way out.

                        I know you and your husband will achieve this too and in a couple of years will be wondering why you didn't take control earlier! If you want some inspiration take a look at the diary of one of the site moderators (AllanD):

                        http://forums.all-about-debt.co.uk/s...ghlight=alland

                        AllanD is now 6 years on from starting his diary and is seeing debts becoming statute barred and dropping from his credit file as creditors write off the balances and have given up. I'm sure you'll have some empathy with some of the things AllanD talks about in his thread (get a cup of tea and take an hour to read through - its very much worth it)

                        http://forums.all-about-debt.co.uk/s...l=1#post563654

                        Everyone on AAD is here to help, and you won't be left on your own to deal with things so really looking forward to seeing you posting more and seeing you start to turn things around.

                        Best Wishes

                        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


                        • #13
                          Re: Don't know what to do next

                          Make certain you keep everything that you have been sent todate! Including if pos the envelopes.
                          I seriously regret not coming here 2 years ago!
                          All the Best Roger

                          Comment


                          • #14
                            Re: Don't know what to do next

                            Glad to have you doger x
                            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


                            • #15
                              Re: Don't know what to do next

                              "I'm now receiving 6 calls a day from Barclaycard but I don't answer the phone. I'm very worried and would be grateful for any support and guidance."

                              I would suggest that you write to each creditor that is harassing you with calls, and state that you will only deal with them in writing, and that they must stop calling. Get a certificate of posting for each letter, and then keep a log of all calls received from them after that date. This should stop most of the calls. Please let the site team know the outcome.
                              Legal Disclaimer
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              If you need to contact me you can send me a message by clicking my username or by emailing me at gerry@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. If you spot an abusive or libellous post then please report it by Clicking Here.

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