My Diary - Spider65

[Spider65]

I'm new here so I'm hoping I am doing this right. If not, please let me know and I'll amend.

I'm looking for some advice.

I have 10 long-standing debts taken out before 2006. These equate to figures of between £11 to £175. They were all a variety of credit cards and loans which at the time were payable intil a change in family circumstances, lowered the income coming into the house.

I have been paying these up until now by a Debt Mgt Company which I have now stopped as it was fee paying (£56 per month). I know !! I have ensured all available disposable income has been paid to these debts but by current reckoning it will still be another 12 years before they are cleared.

Given that I have stopped paying the DMC to "manage" my debts, I am expecting a barrage of mail over the next few weeks. I can if necessary organise my own personal Debt Management Plan and start paying these companies a similar amount as before.


What should I do next? I am wondering about the validity of the debts and whether to start writing letters re the original agreements? I'd be grateful for any help as I must admit I find this whole situation stressful but and want to take more control and get this sorted out once and for all and to try and get a life back.

Thanks in advance.

[cymruambyth]

Re: My Diary - Spider65

Hi and welcome to AAD. You need to think about the route that you want to take; whether you want to check if any of these debts are unenforceable and what action to take before offering to repay. I would not offer to pay anything yet.
To ensure that you get the best advice for each card, follow the format from here http://forums.all-about-debt.co.uk/s...-Read-me-First!

[Johng27]

Re: My Diary - Spider65

Hi Spider, I have been on here about 3 weeks and they really will help.

I would separate out each debt with some background info. Have a look at my diary thread and it should help. First steps will be to request CCA for each account subject to giudance from the team.

[Spider65]

Re: My Diary - Spider65

Thanks very much for the advice.

I'll have a good read and add to this thread later

Many thanks again

[Never-In-Doubt]

Re: My Diary - Spider65

Don't rush in making offers - refer up 2 posts; follow what Cym says - we can help

[Spider65]

Re: My Diary - Spider65

Thanks and will do. That would be brilliant, if I can check things out.

From reading the information, I think the payment offers will be my last option.

I'll put together the diary from tomorrow with separate information.

I haven't had any letters coming in as yet, but expect them soon.

I also think I need to check the enforceability of the debts. I kind of feel like I have been stupid simply paying each month without questioning things.

The one thing I suppose is whether I should send the letters relating to enforceability now, or wait until the letters start to arrive.

Many thanks

[MrsD]

Re: My Diary - Spider65

personally I would wait and see who writes and what then you can send off CCA request. meanwhile any money saved from paying can be stashed away in case you ever need to try and pay any of them off, Read through the diaries here, lots of us have walked this road and come out the other end with large amounts of assorted debts reaching the SB time, ie never to be paid because they are now statute barred.

[Spider65]

Re: My Diary - Spider65

Thanks Mrs D, appreciated.

[Spider65]

Re: My Diary - Spider65

Okay here goes. I'll start listing each separate debt and add to them as things happen. Thank you to all of the people above for their help.

I'm not going to do anything to be proactive at the moment other than wait to see what arrives in the post and have draft CCA letters ready. I have cancelled my fee paying DMP.

I've just added my first listing for the worst of my debts and would appreciate any comments re if this is enough information, anything needing added/changed etc

Thanks again

[Spider65]

Re: My Diary - Spider65

1. CABOT FINANCIAL (Marlin) LTD :

• Type of account - Originally loan from NRAM.
• Date commenced - 2005
• Approx balance - £3.1
• Date last paid - Last DMP Payment 1 Oct 2016
• Are you on arrangement or not paying - Was on arrangement but have now stopped payments
• Status (default/in arrears/up-to-date) - Default
• Account owner - Cabot, as above.
• • 13/2/17 Letter received from Cabot Financial advising me that my Payment Plan has ended. Plan to ignore just now.
  • 09/17 Various letters and calls received from Cabot asking how they can help, for me to contact them etc. Letters sent to my parent's address. Ignored all of those just now but CCA Request sent recorded delivery today.
  • 28/09/17 Reply received from C (again sent to the wrong address) stating that Northern R are unlikely to be able to provide the requested documentation and as a result Cabot are no longer pursuing collection.
    Also they confirm that due to the time elapsed entry this entry should not appear on my credit file.
    Good news?
    Thanks for all the help on here.

[Roger]

Re: My Diary - Spider65

Okay here goes. I'll start listing each separate debt and add to them as things happen. Thank you to all of the people above for their help.

I'm not going to do anything to be proactive at the moment other than wait to see what arrives in the post and have draft CCA letters ready. I have cancelled my fee paying DMP.

I've just added my first listing for the worst of my debts and would appreciate any comments re if this is enough information, anything needing added/changed etc

Thanks again

I started about a year ago.
I brought some PO's (you can always cash them if not used). When I sent a s.77/78 letter out I scanned the PO that went with it! You have a record of the PO and proof of postage of the letter.
File every thing and scan key documents as you go along. You will get excellent advise here but in the end remember it will be your decision. I have learned so much from other peoples experiences but also to read between the lines because tactics are very important. Good luck with your journey!

[nanna58]

Re: My Diary - Spider65

Let us know when you hear anything back as Roger says keep everything including the envelopes they come in .xWell done for making a start x

Also we have a template for telephone harassment should they keep calling.

[Spider65]

Re: My Diary - Spider65

Thanks Roger and Nanna, v much appreciated.

Regards

[Spider65]

Re: My Diary - Spider65

2. Shoosmiths :

• Type of account - MBNA loan
• Date commenced - 2005/6
• Approx balance - £10.9k
• Date last paid - DMP payment 1 Oct 2016
• Are you on arrangement or not paying - Was on arrangement but stopped payments
• Status (default/in arrears/up-to-date) - Default
• Account owner - MBNA
• 14/11 Letter received from Shoosmiths acting on behalf of Cabot Finacial (UK) Ltd. Was originally MBNA loan. Asking for I&E form to be completed.
• 15/11 CCA template letter sent recorded delivery.
• 20/12 Letter received from Shoosmiths stating that they have requested the original credit agreement from their client and will be in touch. In the meantime my account has been put on hold.
• 02/20 Letter received from Cabot asking if I could start paying them again. It states that as I had previously been paying them through the DMP, could I start again. Ignoring and trying to maintain a low profile for now.

[Spider65]

Re: My Diary - Spider65

3. DLC :

• Type of account - Loan/Credit Card (MBNA)
• Date commenced - 2003
• Approx balance - £6.6k
• Date last paid - DMP Payment 1 Oct 2016
• Are you on arrangement or not paying - Was on arrangement but stopped payments
• Status (default/in arrears/up-to-date) - Default (I think)
• Account owner - DLC.
  
  5/12 Letter received re no recent payments have been made, please contact us etc.
  5/12 Ignored above and sent CCA letter
  09/1/17 Letter of acknowledgement received from DLC in relation to my CCA request stating that they have requested the original documentation and asking me in the meantime to make payments. Its a nice offer but think I'll resist for now.
• 21/12 Response to CCA letter recieved with signed copy of original MBNA loan application from 2003. Can I send this to be checked and if so,can someone remind me how I do this? They make reference to the McGuffick V RBS case in a separate letter sent dated 12 October. Any advice would be appreciated.