New and confused

[samsmum]

Re: New and confused

Thanks for the replies. Some useful info there. Have been debating whether to give the house up as we're not particularly attatched to it and it's in negative equity. With the secured loan we've also got we'd be much better off financially renting but the thoughtof repo and BR just seems way too drastic still. As i said,lots to think about but hey it's Christmas tomorrow apparently!!

[samsmum]

Re: New and confused

CATALOGUE AMBROSE WILSON
2005
£530
04/2011
TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

09/09/2011 CCA Request sent
23/09/2011 Letter received. Niddy says
03/10/2011 letter advising of home contact 05/10 IGNORE
03/10/2011 Letter received saying account will be passed to DCA
03/10/2011..harassment and threat of doorstep visit letter sent
14/10/2011..Letter from JD Williams accepting the account is unenforceable
28/10/2011.. Letter from Reliable..threat of court action
11/11/2011.. letter received saying my conduct is unacceptable and will not be tolerated. 48 hours to pay
26/11/2011.. Letter received. COURT ACTION WARNING. Compelled to pass acc onto dc who specialises in serious debt like mine. Considering ccj,bailiffs,attachment of earnings and charging order. Must pay in 24 hours
28/11/2011.. Niddy special sent(see post 389)
09/12/2011..letter to say account being reassigned. I WISH!! Must pay in 7 days
24/12/2011.. Letter confirming residency as they've been unable to contact me at this address. Debt will not go away!!!

Update

[garlok]

Re: New and confused

Hi samsmum.

Firstly BR is a drastic step to take and only you cna make decisions on such a thing. Personally I would do everything in my power to not do it but that is purely a personal view and does not fit in with everyone's perspective.

However can I suggest that you look up threads by one of our members named FiscalFool? He had house matters on his mind as well as other things and in the end went BR. But without digging all through it again, I seem to remember from there and other places that just walking away from a negative equity property is not a real option now. Perhaps an arrangement on the mortgage is not out of the question etc before moving along the lines you have suggested. As just one example.

At the moment as a Niddy special already sent, let Ambrose Wilson stew over the Christmas period and forget it until they actually send something sensible.

Have a good Christmas

regards
Garlok

[samsmum]

Re: New and confused

Thanks Garlok. The voice of reason as always! Decision made. You're stuck with me on UE.Need to check out what i'm entitled to when SSP stops but as long as we can keep our heads above water then we're in this for the long haul. Still cant say i really understand what happens to our UE debt in the long run and i still cant get my head round the fact that they're adding charges and constantly hassling us and most of the time i just need to ignore it but i do however have 100% faith and trust in you guys.Just read a quote from Niddy that says if you can't afford it don't pay it. Simples. Is it really that easy?? A bit of hassle and worry is a small price to pay i think in return for not having to explain ourselves and be controlled by the OR .

As for Ambrose Wilson, they 've always known exactly where i live as my address is on the top of all the lovely letters i write them. I just don't wish to talk to them.

Many thanks
Samsmum

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent
09/12/2011..letter received saying they cannot accept my monthly payment offer without I&E evidence. Haven't made an offer
12/12/2011..CCA Reminder-Unenforceability Threat letter sent

Sorry here's where my lack of knowledge and old brain cells is gonna make me look a bit daft. Hubby's just received a letter from Lewis group. Says they are not the creditor for the account. CL Finance are and they are agents acting on their behalf. Agreement was terminated prior to a CCJ on 5th October 2009 therefore the effect of section 78 of CCA 1974 is no longer applicable and the judgement can be enforced should payments not be made. Want proposals for payment. First we know of this and we were on the dmp at that time. No ccj's on credit report but it has got a court claim number on this letter

[samsmum]

Re: New and confused

Just done an online search and it says 'nothing registered'.
Well confused.....as always

[MrsD]

Re: New and confused

me too Samsmum, someone will be along in a minute to help, looks good from this angle but this is not my area at all.

[samsmum]

Re: New and confused

Thank god it's not just me then. Not that it takes a lot to confuse me at the best of times!!

[MrsD]

Re: New and confused

och don't be daft, it can get complicated, just hang in there.

[samsmum]

Re: New and confused

Not half as stressful as it was when i was trying to sort stuff on my own tho

[garlok]

Re: New and confused

H'mmm. Looks a bit like a "phishing" exercise to me by our fiends as Lewis Group. They can be a nasty bunch. However, you could ask the courts service for help in ascertaining the truth or otherwise of this alleged CCJ. You say they have given a number so it may be fairly easy to trace what it is all about.

If this is what I think it is then it is possible that a set aside may be on the cards as you clearly did not and did not have the chance of defending yourselves. There appears to be no DN, defective or otherwise and hence no correct termination. There is clearly no CCA so I would venture to suggest that you try to find out what is and then we may need some legal advice and input.

regards
Garlok

[samsmum]

Re: New and confused

Oh flippin eck. Take it the fun starts here. Checked credit reports and an online CCJ tracing site but nothing showing up so far. I'll ring or e mail the court when they reopen. Bit strange, but never had one... well not that we know of...before, so i'll be guided by yourselves in the procedures

Many thanks

Samsmum

P.S. Is it most likely to be Northampton i contact? Doesn't say on this letter, just a County Court Claim Number. Thanks

[garlok]

Re: New and confused

Northampton likely I would have thought.

regards
Garlok

[samsmum]

Re: New and confused

Thanks Garlok. Can't undertand why we know nothing about it if it was over 2 years ago so will hopefully become a bit clearer when the court re-opens

[Undercover Elsa]

Re: New and confused

Hi Samsmum
I've just been reading through your thread and first can I just say how well you've done so far in taking control of your debts.
Looking at the CCJ issue, when was your last change of address?
Could they have issued it to a former address and got a CCJ by default? (They have been known to do this deliberately if they know former addresses!)
I wonder whether it's possible that it's been done directly via the dmc without you being informed? Shouldn't happen, but the two main dmp's do advise people to admit claims without even checking paperwork.
If neither of the above is the case then Lewis have indeed been very naughty. It's against OFT debt collection guidelines and CPUTR and once we've got to the bottom of this, if they have misled you deliberately they need reporting to the OFT. (Don't worry, we can help with that too )

In the meantime, once you've checked with the court we'll know which way to go with this. If there IS a CCJ, then your OH can apply to have it set aside using form N244.

So...Enjoy your New Years celebrations and don't worry

Shep x