DNW's UE Diary

[DNW]

Re: DNW's UE Diary

I would much prefer a self managed DMP with a realistic I&E, but thought that CCCS and others had a little more clout in terms of creditors are more agreeable if the charity plans were used.

We do own our own house (all be it currently in negative equity), the house is in joint names and all debts are in either mine or OHs name - we've no joint debts so I though charging orders we're less of a worry?

[MrsD]

Re: DNW's UE Diary

well if you admit the debt and send back the necessary forms, I believe the big personal appearance isn't necessary, I think someone just stamps it and off it goes. But you would have to be sure its right and your I&E is right as well. Do you have a house because that is much more important, because then the old charing order may well rear its head. Not trying to scare you but you need to know all the possibilities.

a self managed DMP might well be the best way forward for you, you're still in control and we'll help and support you through, and this also leaves open the possibility of F&F down the road, you need breathing space to get some money together

[DNW]

Re: DNW's UE Diary

I did speak to CCCS a few months back when I first woke up and smelled the coffee and realised the debts had to be tackled, but I found them to be very limiting in terms of I&E. I've heard of independent reviewers that can assist with I&E forms and getting them completed somewhat more favourably, but I don't know how I even go about finding someone who offers this service.

I think in reading Garloks post, I'm in danger of falling into exactly the trap that they want ie increase the F&F offer to the max and have done with it, whereas it could well be in our interests to go through the court process - so long as our I&E is completed correctly in the first place.

I don't have the foggiest knowledge or understanding of the court/CCJ process and admit the thought of having to stand and talk and defend ourselves/finances in a room full of experienced over-powering strangers makes me break into a cold sweat - and that's the main reason I wanted to avoid court, it's nothing to do with having CCJs on our credit files as that doesn't matter to me in the slightest, it's just the big room/lots of people and having to speak that terrifies me.

[MrsD]

Re: DNW's UE Diary

we did a DMp with CCCS originally but you are savvy enough to run your own, as garlok says, list them up, do a rough i&e and send out letters telling them that this is what they'll be getting. gives you more leeway with the i&e if you get my drift.

[garlok]

Re: DNW's UE Diary

Hi DNW,

It is unwise to lie or cover anything up when it comes to a court issue. What you can say of course that these 2nd jobs are just that 2nd jobs and are on a casual non guaranteed basis. Work out a very sensible I & E sheet for yourself and look carefully at what your disposable income really is.

Like Mrs D says if it gets to court then they will order you to disclose this information. I would not go into great detail with Wragge and Co but perhpas put it to them that ypou prepared to go to court, this is brief outline (very brief by the way I & E based on the full facts you have drawn up) and you are prepared to offer X pounds a month, and make it low. As long as you could justify this to a court then it is likely that the court would accept your offer and impose it on the creditor. Something they would not want. They cannot claim their costs as it would be fast track (i.e small claims) from the amount of the original loan.

They are pressurising you to see what you will offer in capitulation from the tone of their letters. As Mrs D says the choice has to be yours as to how you want to play it.

The other route is to list out all of your enforceable debts and work out some form of DMP again that you really can afford. It can but not always, pay to get in touch with someone like CCCS to work out your dmp and point this out to the court if it gets that far. Hopefully one of DMP experts will be along to provide further insight in to this.

regards
Garlok

[DNW]

Re: DNW's UE Diary

We could potentially go to about 80%, but would like to settle around 60% or lower as we're having to borrow a lot of the money from my mum for this and will obviously have to pay her back somehow at some point.

If it went to court we could possibly receive a low repayment due to our regular income and expenditure, but we also both have 2nd jobs now which are irregular and not guaranteed income but would the courts look at our overall income or just our main? Both secondary jobs are banked separately to our normal income in readiness for the inevitable F&F as a lot of our debts so far are I just don't know how deeply courts delve into finances (ie bank statements from all account or just declared accounts, and whether or not they investigate into possible undeclared accounts.

This is the most stressed I've felt about the whole debt process for ages

[MrsD]

Re: DNW's UE Diary

its a bugger cos its so new, could you afford 50%?

Alternatively accept the CCJ and ask the court for a low repayment?
It's a desision only you can make I'm afraid.

[DNW]

Re: DNW's UE Diary

Honda Finance

Name                     - Honda Finance
Type of account          - Loan
Date commenced           - July 09
Approx balance           - £3,500
Date last paid           - Mar-11    
Arrangement/not paying   - Token Payment
Status                   - In Arrears (DN Rec'd) 
Account owner            - Lender

Key:
Them
Me
Other

Activity

1. 11/04/11 Unable to suspend further account action
2. 12/04/11 DD cancelled letter received
3. 15/06/11 Default notice
4. 17/06/11 Notice of arrears
5. 07/07/11 Agreement terminated
6. 17/08/11 CCA Request sent
7. 27/08/11 CCA received and sent to Niddy via secure section
8. 31/08/11
9. 11/10/11 Letter received from Wragge & Co saying that proceedings are to be issued for a monetary judgement if the balance isn't paid by 16:00 on 24/10/11.
   
10. 11/10/11 Low (10%) F&F offer sent
11. ***** Update Below *****
    
12. 19/10/11 Wragge & Co - refuse offer as it's too low in comparison to the debt... they have been instructed to continue legal action, which we will soon be in receipt of.
    

Update as no. 12 above - please could someone advise our next move? They haven't come back with any counter offer so should I just increase our offer and if so to what %?

I'm guessing that realistically, they're not going to accept any kind of offer below a pretty high % so am I just wasting time by upping our offer by 10% each time? I really don't want this to end up in court. I wonder of the likelyhood of them accepting anything less than full balance though

[what2donext]

Re: DNW's UE Diary

I've patented the piss off wave, based on Her Majesty's at boring state occasions!!!

I will have to get Mrs What2do practising the wave whilst i perfect the ignorant stare.

[garlok]

Re: DNW's UE Diary

I would be inclined to send them this:-

>Unenforceability Templates - Section 4

No CCA is no CCA

Garlok

[DNW]

Re: DNW's UE Diary

Barclaycard1

Name                     - Barclaycard Plat Visa
Type of account          - Credit Card
Date commenced           - Sept 2004
Approx balance           - £3,161
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears  (DN rec'd 03/09)
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. 18/04/11 Acknowledge receipt of I&E, refuse to reduce or stop charges
2. 27/04/11 Request for payment
3. 13/05/11 Reduced credit limit
4. 01/06/11 Reminder of overdue payment and informed it will be passed to Mercers to send default notice.
5. 30/06/11 Mercers - accept £1 payments, to be reviewed in 2 months. No interest or charges to be applied while making token payments.
6. 24/07/11 I wrote and requested refund interest & charges (sent to Barclays & Mercers)
7. 17/08/11 CCA request sent
8. 03/09/11 DN Received from Mercers
9. 05/09/11 Acknowledged CCA request - they're looking for it and will get back to me
10. 13/09/11 Letter rec'd from Mercers - 48 hours notice (letter dated 06/09/11), I have ignored their demands for payment so they are now passing my account to a local firm who may send a rep to visit me (ignored)
11. 19/10/11 Covering letter for Recon CCA enclosed - but no encs in envelope
    

I received a letter from Barclaycard today saying they were pleased to enclose a reconstituted CCA, but there was nothing other than the covering letter in the envelope.

Should I write back and tell them there was nothing enclosed or just ignore?

[MrsD]

Re: DNW's UE Diary

I've patented the piss off wave, based on Her Majesty's at boring state occasions!!!

[DNW]

Re: DNW's UE Diary

Not like you to not have the filing up to date!

Essentially i think Niddy would be suggesting that once its defaulted you will have a better chance of it being passed to DCA so able to do a smaller F&F.

Don't think the doorstep collectors will come back, i had one for Mr D and me a nd the doggle just discouraged him from speaking, i find a wee royal wave type of think out the window often works, do it all the time to cold callers, sort of piss off in a wave.......

I know! In my defence, it was all organised filing, well sort of.. actually not at all organised else P2C wouldn't have visited today

Sadly I don't have a dog to scare off unwanteds, and I don't think the cat would quite cut it.... The bloke today was fine, he asked for OH and when I told him he wouldn't be back in til around 10pm he just asked if I could pass some details on to him and said 'he'll know what it's about'.

I'm loving the piss off wave, I might have to practice that one

[IF]

Re: DNW's UE Diary

sort of piss off in a wave.......

eeeeeee you made I laugh Dopes!!

[MrsD]

Re: DNW's UE Diary

Not like you to not have the filing up to date!

Essentially i think Niddy would be suggesting that once its defaulted you will have a better chance of it being passed to DCA so able to do a smaller F&F.

Don't think the doorstep collectors will come back, i had one for Mr D and me a the doggle just discouraged him from speaking, i find a wee royal wave type of thing out the window often works, do it all the time to cold callers, sort of piss off in a wave.......