New and confused

[samsmum]

Hi all. It's my first time here so hope i'm posting in the right place. Bit of background. Had debts of around £30k but have been on a dmp with CCCSfor about 8 years and are only roughly half way through. After taking advice from them we decided to go br to give us a fresh start else i would be be of pension age and still worrying myself stupid. We cancelled the dmp a couple of months ago and have heard nothing up to now but are too scared to go down the br route after all. We decided to try and set up our own dmp.
We have one loan with co op bank which was for £5,000 with £1,188 added for insurance and £2,654 interest. £8,843 in total. As the interest was frozen in our dmp and the ins.was useless in our case do we still have to pay the total figure. We have paid about £4,000 already. We had a similar loan with hsbc but cannot find the original agreement. Do we contact our creditors or sit tight and wait to hear from them. We would be very grateful for any advice. Thank you.

[Never-In-Doubt]

Re: New and confused

Hiya

Have you looked at unenforceability?

---> Unenforceability Diaries - allaboutFORUMS

How old are the debts and who do you owe, exactly?

[samsmum]

Re: New and confused

Thanks. No not looked at that but i definitely will. Most of our debts are about 8 years old and been paying them thru the dmp. Have got a couple of others. An overdraft £800 and a catalogue bill with Simply Be of £600 being paid thru Reliable Collections. Been trying to set up an arrangement with them but they wont accept it and just keep adding charges and interest and are referring it to a dca

[Never-In-Doubt]

Re: New and confused

Hiya

Please read this and provide the info for all your debts then we'll be able to help you better, but may be worth considering UE now - that way it's your way of giving them the two fingers and taking control, you'll also find that if you decide to pay again, they'll be a lot more accomodating

Read this and provide the info please, do it on this thread and i'll move it to the UE diaries if you decide you want to go that way...

---> Unenforceability Diaries - Read me First! - allaboutFORUMS

[samsmum]

Re: New and confused

Evening. Not been ignoring you. Been trying to have a good old read but it's all going over my head a bit. Sure it'll click with me soon. Never said i was very bright!!! I've always just thought you paid back your dues even if its at a reduced rate and if you couldn't you had to go bankrupt. Never entered my head that there was another way and it's a bit scary at the minute.

[samsmum]

Re: New and confused

DELETED

[samsmum]

Re: New and confused

MBNA C/C
09/09/2000
£1360
04/2003
Not paying
arrears

Debt Clear recoveries(as from yesterday)

09/09/2011 CCA Request sent
02/10/2011 'CCA' recieved. Niddy says
03/10/2011 CCA query,application form received letter sent
23/01/2012..Notice of assignment from Global. Account now managed by Westcott
04/04/2012.. Letter from Fairfax solicitors. Been instructed by Arrow Global to obtain immediate payment. If not paid by April 8th they've been instructed to take further action
13/04/2012... DrydensFairfax solicitors..making us aware of potential serious consequences of not paying ie CCJ
14/04/2012..Threat-o-gram letter before action sent
30/04/2012..Letter from Drydens fairfax. Account placed on temporary hold while they contact clients
03/07/2012.. Letter from Drydens Fairfax...Enclosed is copy of cca confirming liability.We have requested a copy of Notice of Assignment from Mbna to Client (Arrow Global). Account on hold til this is received
03/10/2012..Letter from Drydens Fairfax..Been instructed by Arrow Global to recover debt.If no contact by 11th October been instructed to issue legal proccedings
04/10/2010.. Letter sent reminding them account was placed on hold
20/10/2012..Letter from Drydens. County court claim has been issue
02/11/2012..Sold in dispute letter sent

[samsmum]

Re: New and confused

MBNA C/C
09/09
£490
04/2003
Not Paying
Arrears
Debtclear recoveries(from yesterday)
Default date:29/10/2010

09/09/2011 CCA Request sent
02/10/2011 'CCA' received. Niddy says
03/10/1011 CCA Request, Application form received letter sent

19/01/2012.. Letter received saying account has been assigned to Arrow Global Guernsey Ltd. I should continue to make payments!!
20/01/2012... notice of assignment from Global. Account now managed by Westcott
24/03/2012..Letter from Moorcroft. They have been instructed by Arrow Global to collect debt. Legal requirement to send notice of intended litigation even if i dont read it. Goes on about a claim may be issued without further notice etc. Happy to accept payment plan i can afford etc
29/03/2012...Threatogram...letter before action sent
02/04/2012...Letter from Moorcroft .Possible Litigation.List of charges etc.Still possible to avoid by setting up affordable repayment plan
07/04/2012..Letter from Moorcroft..Thanks for requesting CCA. Need to pay £1.WHAT?????
20/04/2012.. Letter from Moorcroft. As i've not been in touch they feel i may not be in a position to clear the account in full. In order to stop recommending clients take legal action they are prepared to accept £40 a month. Please contact one of our trained advisors????
08/05/2012..Letter from Moorcroft..Appointment Notice. Despite attempts to arrange a visit to our property (what attempts?)no discussion has yet taken place regarding payment.Contact us to arrange a time to visit(think not). Alternatively we will accept £30 per month. If you cannot afford this make an arrangement you can afford and maintain or else we may recommend further action...
28/09/2012.. letter from Blake Laphorn...Now acting for Arrow Global.Unless we pay in 7 days they are instructed to issue court proceedings without further notice
29/09/2012..Threat to commence litigation letter sent
12/10/2012..Claim Form from Northampton Court

[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
30/12/2011..letter saying they acknowledge receipt of CCA request but are agents not creditor(CL Finance).Agreement was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement. Send proposals for payment. First we've heard of this and was on a dmp with cccs at the time
02/01/2012...found letter from Northampton court dated 05/06/10 stating this was cancelled as entered erroniously
03/01/2012..sent letter to Lewis group stating i have documentary evidence to prove ccj does not exist
23/02/2012..letter from Lewis group. Sorry to hear of financial difficuties and will accept £1per month til situation improves
09/03/2012..Letter from Lewis group. Further to previous letter in which they accepted a reduced payment???. Payment not received as agreed and is required immediately.
22/03/2012..Letter from Lewis...Despite writing on 2 occasions they've received no payment or proposals for payment.Cannot hold account open unless we contact them or Debt Stop Direct?? Please remember they are there to help!!
10/04/2012...Letter from Howard Cohen solicitors. Says we've already been advised that judgement was obtained against us. Failed to maintain payments under instalment order instructed by court. Pay arrears of £2220 to Lewis IMMEDIATELY or they will instruct the court to either send bailiffs or apply for an attachment of earnings. After payment of arrears next payment of £125 is due by 19th April
11/04/2012..Letter sent to Cohens with evidence ccj was set aside
13/04/2012...Letter from Cohens confirming they misread records and CCJ was set aside and apologising for content of letter. Furthermore the cca request we sent only applies to running-credit accounts. Our account has not been a running-credit account since 2003 therefore s78 does not apply. Debt still needs paying or will seek clients instructions re recovery action.
18/04/2012..Niddy special(post1126)sent
04/05/2012..Letter from Cohens. We have already apologised. However we again confirm the provision under Section 78 of Consumer Credit Act 1974 ''CCA''is quite clear that it refers to running-credit Agreements only.Furthermore, we also respectfully refer to the reported Case Law of:-Basil Rankine v American Express and others in High Court of Justice,Birmingham District Registry 8BM40009-13.The said case confirms the position for Creditors and their s.78 CCA duties in respect of Credit Agreements which have reached their end. We trust this clarifies the position
10/09/1012.....Card through door from The Lewis Group saying their rep called to discuss our account.Need to re-arrange a meeting

[samsmum]

Re: New and confused

CO-OP LOAN
11/2002
£4900
04/2003
Not paying
arrears
Payments to CO-OP
Default date:15/12/2011
26/9/11 Termination letter received. Advised to ignore
12/10/11 Account being passed to specialist collections. May default, pass to solicitors etc etc. may negotiate F&f.
13/10/11 CCA request sent
13/10/11 SAR sent
31/10/2011..CCA received Niddy says
03/11/2011..CCA Query Missing prescribed terms
16/11/11..Letter received saying they know i live here and assume i am deliberately avoiding them. Ring to make arrangement or will be passed on for immediate recovery action
16/11/11.. ''SPECIAL OFFER'' letter received offering 50% discount if paid within 10 days
15/12/2011..letter received saying as i'm ignoring them they've made the decision to register the account as in default and pass to a specialist DCA and the Co op will not enter into further discussion regarding the debt
17/12/2011..b/f and closing statement received. interest being added half yearly
18/12/2011.. refusal to accept ue status letter sent
07/01/2012..letter received thanking me for my complaint. Concerns will be investigated by a case handler and outcome sent in writing asap
11/ 01/2012...Letter received from MOORCROFT. Been instructed by Co op. Notice of Intended Litigation
12/01/2012..Threat by creditor..to commence litigation letter sent
20/01/2012..Letter received from Co op stating they have investigated and believe account is enforceable and we are liable, and this is their final response. If we're not happy complain to FOS within six months. Account now with Moorcroft
21/01/2012.. Letter from Moorcroft saying account on hold while they investigate matter with Co op
11/02/2012.. letter from Moorcroft with copy of agreement enclosed. Account on hold for 14 days to allow time to contact them to arrange a repayment plan after which they will commence further action
27/02/2012.. letter from Moorcroft..if i dont contact them following receipt of this letter they may recommend legal action.They go on to tell me a list of court charges
01/03/2012...Letter sent courtesy of Cleverclogs. See post 797
14/03/2012.. letter from Moorcroft saying their clients believe documents sent do meet requirements under setion 78. Go on to explain about Carey v HSBC. Want paying basically
26/03/2012..Letter from Moorcroft. MONTHLY INSTALMENT OFFER. As i haven't contacted them they feel we may not be in a position to clear the account in full.To stop legal proceedings they'll accept £120 per month
27/03/2012..CREDITOR REFUAL TO ACCEPT UE STATUS LETTER SENT
18/04/2012...Letter received from Midas Credit Services. Litigation Warning.Part of the Moorcroft group and aware we've failed to pay.Reviewing account prior to possibly recommending legal action by external solicitors.
18/04/2012.. Enough is enough letter sent
24/04/2012..Letter from Moorcroft. Account on hold while they refer back to Co op
16/05/2012..Letter from Moorcroft.As we have complied with original request the hold on account has now been removed.Need to discuss repayments
25/06/2012..Letter from Moorcroft.. Possible Litigation.Pay before 29/06 or may recommend legal action
04/07/2012..Letter from Moorcroft..They undersand we're having financial difficulties (no shit Sherlock!!) Please complete I&E form so they can assist or contact CCCS.
07/07/2012..final response UE (CCA Received letter sent)
16/07/2012..Letter from Moorcroft. Clients believe documents meet requirements and balance remains payable. Will not be sending any further documents as meets requirements of section 78
15/08/2012..Letter from Midas Credit Services. We are part of Moorcroft Group. You have failed to reach a repayment agreement. We are now considering recommending legal action by external solicitors
17/08/2012...Threat by creditor to commence litigation letter sent
25/08/2012...Letter from Moorcroft. CCA has been provided in terms with Consumer Credit Act 2006.Account placed on temporary hold to allow time to make arrangement to pay an amount i can afford and maintain
30/08/2012....Letter from Moorcroft. Account now being passed to home collections. Aware of difficulties many customers are now experiencing so offering a discount of up to 25%. Greater discounts may be available depending on circumstances. Reply within 7 days etc etc...
27/10 2012..letter from Co op saying account has been passed to Equidebt
02/11/2012...letter from Equidebt.Still time to resolve this without further action. Reply in 7 days or may send doorstep agent to discuss our financial situation
05/11/2012..Sold in dispute and doorstep letter sent
10/12/2012.. Letter from Equidebt. You have failed to respond. Can no longer be regarded as an oversight as you have had ample opportunity to repay this debt.
1)Send us a one off payment or £207 and the balance over a period of time to suit your circumstances.
2)Make a f&f payment of £4149
3)Enter into a monthly arrangement
28/11/2012...Letter from Equidebt.We confirm we were unaware of your ongoing dispute regarding your CCA request. Sent for copies. Account on hold in the meantime
16/05/2013...Letter from Lowell. Debt has now been passed to them. Really important to pay back what we owe. Obtaining copy of credit file to see if we have assets such as our own home or other credit commitments. Could take us to court for judgement,could make us bankrupt if we owe more than £750. Lots of could do,may do's
18/05/2012...Sold in dispute letter sent
17/06/2013.. Letter from Lowell. Co op are trying to retrieve agreement from their archives. Will inform us if it can't be found and will ask us to pay balance in full if it can
28/06/2013....Letter from Lowells. Afraid we have not received a copy of CCA. Account on hold and we will not send any more letters until we receive agreement
20/07/2013... Letter from Lowells. After liaising with Co op in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened. At this time we are closing your file and will not make any further contact with you unless the agreement is found

[samsmum]

Re: New and confused

LOAN
09/2005
£3200
06/2009
PAYING
ARREARS
LOCAL LENDER(RATHER NOT NAME)
21/10/2011.. CCA request sent
25/10/2011.. text received saying someones sent in a letter in your name??
01/11/2011..Hubby 'bumped into' collector,said there was no pressure could pay £20 per week and where did we get CCA letter from. We could just ignore it and carry on paying.
16/11/2011.. text saying''hi how are you? Did you get sorted?
28/11/2011..letter sent offering £30 pm by standing order
30/11/2011.. received a solicitors letter accepting. 2 copies to sign and return,not signing

[samsmum]

Re: New and confused

LooPOVERDRAFT with Nationwide B/S
2008
£800
NOT PAYING
Last interest paid 06/08/2011 now changed bank acc
Default date:14/02/2012
13/12/2011..Letter received. Pay up or will register a default notice'and instruct KPR to collect and could commence legal action
04/01/2012..Default notice issued on 31/12/2011. Balance £841
24/01/2012..Pre-debt collection notice received. If i dont pay as required by DN they will instruct KPR to recover full balance.Could involve legal action. KPR is the business name of Nationwide
17/02/2012..Letter from KPR. Formal Demand for Payment. Nationwide have passed the account over to recover debt.Committed to being fair and reasonable so contact to make arrangement to pay. Nationwide is considering ccj or decree. Would then enforce the judgement by charging order,attachment of earnings etc.alternatively account may be passed to external debt collectors
02/03/2012..letter from KPR. Offering me the opportunity to pay a significantly reduced one off discounted sum.Benefits .. no CCJ,no legal costs,will improve future credit rating and account will be closed and remaining balance written off. To take advantage ring immediately to discuss what discount is available. Offer only open for 7 days.
16/03 2012...Letter from KPR. I've failed to respond and they cannot allow this to continue. My debt has now become a priority. Must call within 7 days to make an acceptable offer to pay
12/04/2012... Letter from Fredericksons to say account has been passed to them Balance £880
19/04/2012...Letter from Freds. Letter before action. Must pay in 7 days or they will take immediate action.List of court fees etc.
20/04/2012..CCA request sent
25/04/2012..Letter from Bryan Carter solicitors re cca. This is a current account partially excluded by section 74 of CCA1974 from the application of Part v of the act. If you require copy statements or current terms you will need to request these from local branch and a fee will need to be provided. Send proposals for payment
27/04/2012..Letter from Bryan Carters. Must pay within 14 days else they'll recommend issuing proceedings without further notice. List of court costs etc
11/05/2012..Letter from Fred's. Despite a letter from Bryan Carter solicitors i've failed to pay. They are prepared to offer one final opportunity to pay before recommending client instructs solicitors to issue a claim. At this late stage prepared to accept a f&f provided i contact them within 48 hours
06/06/2012..Letter from Bryan Carter solicitors..Final Notice. May be referred for court proceedings. Now reached critical stage and i may wish to obtain independant legal advice
30/06/2012..Letter from Bryan Carters. Final settlement offer. Instructed to offer reduced settlement figure ,available for 14 days after which full balance will become due
20/04/2013.. Letter received from Nationwide saying account has now been passed to ARC
29/04/2013... Letter received from Arc.We wish to make it quite clear that unless a substantial payment is received in ten days along with a firm offer to clear the balance we may pass account to solicitors to prepare court proceedings
01/05/2013... Sold in dispute letter sent
13/05/2013...Letter from Arc. Disappointed etc.On the instructions of our client we can now take steps to prepare a county court claim. A claim will be prepared 10 days after the date of this letter
[COLOR=blue]14/05/2013...CCA Request sent
[COLOR="Red" 06/06/2013.....letter from Arc. All required documents have previously been sent. Not obliged to send copy of cca as it was an overdraft. Provide details of our finances within 30 days or they will obtain further instructions
08/06/2013..CCA Reply(part2) sent
10/07/2013.... letter from Arc.Balance remains outstanding.A County Court Claim.has now been prepared against you and can be issued in NorthamptonCounty Court. If this matter is passed to our solicitors for issue costs will be added.If you are in real financial difficulty call us and we will consider your situation.
12/07/2013...Letter before action sent
08/08/2013....Letter from Arc.We have conducted a search with Land Registry and understand you own your property. Next course of action may be to issue a court claim and obtain a charging order.However even at this late stage our client will give you a final opportunity tosettle before court. We can offer a substantial discount in next 14 days

[samsmum]

Re: New and confused

PAYDAY LOAN
07/2011
£420
DUE ON FRI 09/09/2011
25/09/2011..First Notice letter received
19/10/2011..Second Notice letter received
17/11/201..E mail received. Tells me i'm a valued customer and they want to help. 26 days to pay or they will consider further action. Cant renew my loan until sorted???
12/12/2011..Email received. 2 days to pay else they'll take it as a refusal to pay and pass to third party. I am however still a valued customer!!
20/12/2011..email received offering me 50% discount if paid by 23rd Dec
29/02/2012..Letter from Mackenzie Hall. Instructed to collect. Payment deadline noon 2nd March. Would prefer amicable settlement but will not hesitate to take further action as appropriate
25/03/2012..Letter from Mackenzie Hall. Coming to assess my doorstep and collect the field or may advise clients to issue a ccj,Niddy says ignore
05/04/2012..Email from Mackenzie Hall..Our clients have 3 offers to resolve outstanding account. One off payment of £280,3 payments of £115(£345) or 6 payments of £72 (432). Balance is £432!! IGNORE
13/04/2012... Letter from Mackenzie Hall offering reduced settlement of £280. Same as last week IGNORE
30/04/2012...E mail from Mc Hall says...we have been supplied this address to contact you. If you are this person ring..whereupon further detailed information can be provided
03/05/2012..Letter from Mc Hall. Potential Action.As i'm avoiding paying they may recommend court action to clients
06/05/2012.. E mail from Mc Hall..we have been supplied this addressto contact you. If its you ring ....Same as 30/04
20/06/2012...Letter from Mc Hall..QQ have instructed them to commence pre-litigation visits. To avoid this must set up a monthly payment plan of £10 per month. No response and Meritforce will be instructed to call

[samsmum]

Re: New and confused

CATALOGUE SIMPLY BE
£1300
04/2011
SENDING TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

09/09/2011 CCA Request sent
23/09/2011 Letter received. Niddy says
03/10/2011 Letter received re home contact 05/09.Ignore
03/10/2011..harassment and threat of doorstep visit letter sent
14/10/2011..Letter from JD Williams accepting account is unenforceable

28/10/2011...Letter from Reliable threat of court action
28/10/2011.. letter received saying my conduct is not acceptable and will not be tolerated
11/11/2011..threat of court action letter received, must pay in 24 hours
25/11/2011.. Letter saying account is being reassigned.May result in court acvtivity or debt collector calling at my home if i dont pay toward debt in 7 days. DO NOT IGNORE
28/11/2011.. Niddy special sent (see post 389)
10/12/2011..Letter titled Residency Confirmed received. Says they've failed to contact us so have undertaken investigations to trace us and confirmed we still live here. The debt will not go away!! Must make immedite payment
04/01/2012..2nd Niddy special sent (see post 567)
21/01/2012.. Letter from Simply Be saying account is being transferred to legal adviors re ccj,warrant of execution by bailiffs or attachment of earnings.If i dont pay in 7 days a solicitor will call at my home. Failure to respond will result in a default on my credit file. Admin charge for each missed payment reminder. DO NOT IGNORE
11/02/2012..list of dca's that may be acquiring my account,rights title and interest in the next 2 weeks
15/02/2012..Letter from Reliable apologising for comments made and stating all collection activity will cease. Account now closed.Thank you so much to Niddy and everyone.
26/03/2012...Letter from Fredericksons. Been instructed to collect £1731 immediately
27/03/2012..Letter sent informing them account is closed
10/05/2012..Letter from Simply Be. Due to oveersight Fred's were not notified collection activity had ceased.Sincerely apologise..informed Freds...trust this closes matters

[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.. L..etter 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!!!
04/01/2012..2nd Niddy special sent (see post 567)
04/02/2012..Notice of transfer received. Account being transferred to legal advisors(same as other account with them). I leave them no alternative but to consider CCJ, warrant of execution by bailiffs (is it legal to shoot me???) or attachment of earnings. Pay in 7 days or a solicitor will call at my home. Charge made for each missed payment reminder
15/02/2012..Letter from Reliable aplogising for cooments made and stating all collection activity will cease and account now closed. Thank you so much to Niddy and everyone