New and confused

[MrsD]

Re: New and confused

mmm I might be tempted to send a only contact me in writing to Bryan Carter, then they have a perfect opportunity to give you details of what they are prepared to accept, and it keeps the lines of communication open. You don't want to be hassled into court with this one, and it isn't too much money so not really worth their time to whack you into court, but you have to be careful. So if are too pernickety, you might just piss them off enough to give up and pass it on. Carefully is the watchword here.

[samsmum]

Re: New and confused

Thanks for the reply Dopey. Just thinking aloud here and not really thought things through properly but after the last couple of weeks we're just needing stress limitation and debating whether to offer minimum payments or go on a dmp again. Jeez, is indecision part of getting older?? Can't make a decision on the smallest things lately never mind the big stuff. Just want to do the right thing but not feeling very strong at the minute.

[jon1965]

Re: New and confused

Samsmum, I really can't help you on the decision and age thing...I have thought about it and can't make my mind up...bum bum

You have some debts that are UE so why on earth would you really want to pay them?

If you have some that are EN you can blag it until they go away, it will get easier but yes you may have days that you feel like chucking in the towel.
Another option is to save like mad while blagging it so that you have some money to make F&F , the longer they go without receiving any money and the harder they have to work, the more likely they are to accept a lower offer, well that seems to be the percieved wisdom.

If you start paying they will never go away until they are payed off, at least by blagging you have the chance of a) them going SB'd or b) them accepting a much lower settlement.

I can't tell you what to do as it is a personal decision and I am doing something completely different, but...if I were in your position...I spent so long being skint and scared of the phone/letters that it was good when I got a bit of power back in my own hands.

[ScabHunter]

Re: New and confused

mmm I might be tempted to send a only contact me in writing to Bryan Carter, then they have a perfect opportunity to give you details of what they are prepared to accept, and it keeps the lines of communication open. You don't want to be hassled into court with this one, and it isn't too much money so not really worth their time to whack you into court, but you have to be careful. So if are too pernickety, you might just piss them off enough to give up and pass it on. Carefully is the watchword here.

As far as the immediate problem of Bryan "Brain Farter" Carter goes, I think the above quoted post is an excellent one. If there is no figure quoted on the letter, then it is not an offer of any kind, it is just a facetious attempt to get you on the telephone. An "in writing only" response would therefore be a highly apprpopriate one.

For the overall situation, you need to think it out carefully. If you make offers of minimum payments you immediately restart the limitation clock, and this will do nothing to reduce stress levels as you will constantly be hounded to increase payment levels. As far as a DMP goes, I believe Niddy has a contact who can set these up more effectively than elsewhere, but don't even do that without a lot of thought.

I seem to remember from a previous post that you live near the seaside? Why not take a weekend out to pretend that you've just gone there for a couple of days' holiday, and sit around with the rest of the tourists enjoying the sunshine? You can always come back to AAD refreshed on Monday and make some choices then.

Jeez, is indecision part of getting older??

I used to think it was, now I'm not so sure.

SH

[Pixie]

Re: New and confused

Good advice to take the weekend off and not worry about the debts. Your priority at the moment has to be your health and that of your husband.

How many of your debts are UE and how many are enforceable?

It's your decision but I would think very long and hard about going back on the dmp and, in my opinion, token payments only add to the problems in the long run.

[samsmum]

Re: New and confused

Thanks for the replies. Made me giggle. As for sitting in the sun....It's p'ing down!!! I agree with everything you say and my head tells me to stick with ue but just want to take all the worry away from my hubbie so he can concentrate on getting well.

On a positve note i'm returning to work this week after nearly a year off sick and i also get return to work benefit for a year. Can't believe the struggle to get money when you're off sick then they pay you when you go back but i certainly wont say no

[samsmum]

Re: New and confused

Good advice to take the weekend off and not worry about the debts. Your priority at the moment has to be your health and that of your husband.

How many of your debts are UE and how many are enforceable?

It's your decision but I would think very long and hard about going back on the dmp and, in my opinion, token payments only add to the problems in the long run.

Thanks Pixie.
3 are ue. Hsbc we've had plenty of letters about but nothing regarding the cca request. Local lender we're paying as Niddy agreed that was for the best and then there's just the overdraft.
Doesn't sound too bad now i've seen it like that.
Wobble over. On with ue. Where else would i get support on the odd bad day like i do on here. Thanks guys

[Pixie]

Re: New and confused

Can't believe the struggle to get money when you're off sick then they pay you when you go back but i certainly wont say no

The benefits system is certainly strange! I'm worse off most of the time doing supply teaching than being on JSA

Wobble over. On with ue. Where else would i get support on the odd bad day like i do on here. Thanks guys

[ScabHunter]

Re: New and confused

As for sitting in the sun....It's p'ing down!!!

Aaarrggh! I've put my foot in it again! I thought the weather had got much better all over the country now. Sorry.

You'll have to have an 'authentic British holiday' instead. Go and sit in one of the shelters on the seafront, eat a big bag of cold greasy chips, and sing "Oh I Do Like To Be Beside The Seaside!"

Wobble over. On with ue. Where else would i get support on the odd bad day like i do on here. Thanks guys

Excellent! Having read back through your thread I think you're doing exactly the right thing.

The benefits system is certainly strange! I'm worse off most of the time doing supply teaching than being on JSA

Are you definitely getting all of the Working Tax Credits you might be entitled to? It doesn't seem right that you're worse off for working.

SH

[The Tech Clerk]

Re: New and confused

Like the situation where you get state Pension and you struggled to get Private pension (ex company + little ones) which equate to say £170-200 a week (some minus tax) i.e. one is £28.45 per month = net £23.25 per month, 1 x £111.00 minus tax = £86.45 per 6 months, 1 x £256.74 minus tax = £196 97 per year.

If only state Pension + pension credits = £178 + and all the free benifits that go with it, so those who tried to save nothing gets it all, those with private pension amounting to about the same equated weekly benifit = NOTHING.

[Pixie]

Re: New and confused

Yes, FP's right, I can't get tax credits because it isn't regular work

[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

UPDATE

[samsmum]

Re: New and confused

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

UPDATE. Should i continue to ignore. Certainly wont be sending i&e or contacting CCCS. Served my 8 year sentence with them already

[Deepie]

Re: New and confused

UPDATE. Should i continue to ignore. Certainly wont be sending i&e or contacting CCCS. Served my 8 year sentence with them already

Or send this up to you-------->Final Response - Unenforceable (CCA Received)

[samsmum]

Re: New and confused

Or send this up to you-------->Final Response - Unenforceable (CCA Received)

Thanks, I'll send that off today