New and confused

[samsmum]

Re: New and confused

Thought i'd read somewhere not to do it. Read that much this week tho thought it best to check. Thanks

[Never-In-Doubt]

Re: New and confused

Hiya

Ok looking at the dates of your debts id say deffo look at the ue route. What do you have to lose?

To do it, send a cca request and £1 (do not sign cheque normally, get a mate to sign for you or use a postal order) to each creditor and do not reply or get spooked or talk to them.

If they call, just fail security or hang up. Best bet is ignore witheld numbers.

Yea it's a tough slog but well worth it - especially by sending a letter with £1 - just to see....?

[Never-In-Doubt]

Re: New and confused

Thought i'd read somewhere not to do it. Read that much this week tho thought it best to check. Thanks

Always check before panicking and messing up. We're always here and if you're spooked just pm any mod and they'll help or get hold of me. You'll be fine if you follow the tried and tested formula.

[samsmum]

Re: New and confused

Got ya. Got every faith in you all and i'll do as i'm told. No phone calls and no panicking. I know this is gonna sound stupid but i'm doing this without really understanding the end result. Will it mean you possibly end up paying less back or just that they cant take you to court if they are ue. Also where we've got 2 accounts with same creditor do i send seperate cheque and letter for each. Many Thanks again

[garlok]

Re: New and confused

Hi samsmum,

One pound for each account and a separate request letter in a separate envelope for each. I would advise at least First class signed for or Recorded. You may need to track. You are dealing with muppets who can't or won't read.

UE is not so easy as it used to be. However if the agreement is found to be unenforceable you weill pay nothing unless ordered to do so by a court. They may well try to issue proceedings but lets cross the bridges one at a time. It can be a rocky road and you will get harassed and threatened BUT we have the tools here on AAD to protect your interests. Once you have despatched the s78 requests the law gives them 12 + 2 days to comply. We allow a little more time like a week and then THEY are in default not you until such times as they can produce fully compliant docs.

regards
Garlok

[samsmum]

Re: New and confused

Thanks for clearing that up. Like you said,one step at a time and i'm sure it'll all become clear. I'll get started on the letters tonight. Should i cancel the standing orders to Reliable. That's the only one i've been paying and should i contact Nationwide to start paying the overdraft off or waiton that one? I'll leave you in peace then. Thanks

[Never-In-Doubt]

Re: New and confused

Send a cca for all accounts except od. Stop all payments - we'll sort the od later

[garlok]

Re: New and confused

All of the loans, credit cards catalogue accounts etc will be covered by the CCA1974. From the dates (all pre April2007) you will have the protection of s127 etc. Send the s78 requests to the original creditors.

However the OD will not be covered. I know what I did and what I would do but can we get Niddy back to just take a look at that at this stage. He has already said not to pay the PAYDAY LOAN

regards
Garlok

[Never-In-Doubt]

Re: New and confused

With overdraft I tend to just bat random templates off once it's been sold. Always best to get defaulted earlier.

However please tell what you have planned lol. Tease

The payday loan is least of your worries; the overdraft is ok - see what Garlok says and the other loan, can you pm
Me the details and at least advise what you're doing with it as it's daft to keep just one loan going.

Thanks.

[garlok]

Re: New and confused

To be honest with the OD, I would just do nothing, i.e. nothing. Ensure that there is no other activity on the account and wait. They will come a-screaming but I would make them make the first move. Eventually as Niddy has said they will sell it on if you stand firm and eventually you can either arrange to make token payments or make the purchaser an offer in F & F bearing in mind they will have probably only paid about 10p in the pound for it. In the mean time you play them at their own game as the occasion arises.

It has to be accepted in all of this that your credit file will get trashed, justly or unjustly but ignore that. I would have thought that the priority is to clear up the problems you have. Technically these will affect your credit status for 6 years but in practical terms after 3 maybe even two you will getting back to a state of normality.

In all of these issues patience is a virtue and our solicitors have always played this waiting game. Wait in ambush, well armed, make them come to you (standard litigation procedure anyway) and the onus is firmly with them all the way not you.

Hope that helps
regards
Garlok

[samsmum]

Re: New and confused

It really does thanks. To be honest weve been on a dmp since 2003 so our credit file was trashed years ago and really doesn't mean a lot any more. i just want to deal with our debts in the best way while still having some sort of a life. We've done our best to pay off as much as we can but i'm now on long term sick and there just didn't seem to be a light at the end of the tunnel. Decided to go br but chickened out and was then advised to check out this site. Very confused as its something completely new but i'm sure everyone feels the same when they start out. Thanks for all your help and advice. Really is appreciated

[garlok]

Re: New and confused

Hi samsmum,

Many consider BR when there is no need. Many like you don't believe there is light at the end of the tunnel. I have been there and to a certain extent am still there as we still have battles to win.

BUT you do have rights, they won't tell what those rights are or their obligations to you and the Law of the Land. Their sole aim is to screw you for as much money as they possibly can. They care nothing for you, your family, your health so there is no guilt in fighting back and using those laws against them.

AAD has weapons to deal with most of these problems and will be honest if something is enforceable, however it is not left at that we will work with you to find a way around the issue at the least cost to yourself.

regards
Garlok

[samsmum]

Re: New and confused

Thank god people like yourselves are there to help and guide us newbies and point us in the right direction.

[Never-In-Doubt]

Re: New and confused

MBNA C/C
09/09/2000
£1360
04/2003
N

Not paying
Arrears
payments to MBNA

PAYDAY LOAN
07/2011
£420
DUE ON FRI 09/09/2011

Please provide the missing blanks with these accounts, if you go back to them and click "Edit Post" and fill in the details please.....

[Never-In-Doubt]

Re: New and confused

MBNA C/C
Started 09/09/2000
Balance £560
Last full:04/04/2003
Not paying(cancelled dmp last month)
Arrears
Payments to MBNA

MBNA C/C
09/09/2000
£1360
04/2003
N

Not paying
Arrears
payments to MBNA

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan

CO-OP LOAN
11/2002
£4900
04/2003
Not paying
arrears
Payments to CO-OP

CATALOGUE
2006
£1300
04/2011
SENDING TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

CATALOGUE AMBROSE WILSON (ABOVE ACC IS SIMPLY BE)
2005
£530
04/2011
TOKEN BUT NOT ACCEPTED
ARREARS
RELIABLE COLLECTIONS

With all the above, you need to send this plus a £1 cheque (get a friend to sign the cheque though so it is not your writing)! ---> CCA Request