Rainbows UE Diary

[Never-In-Doubt]

Re: Rainbows UE Diary

OK, let me just get this straight in my head please - and I'm going to throw a few ideas around for you to pick at too

It is enforceable but due to fall off my credit file next June (2011) if I keep blagging it till after June will they be able to show it up after that or can they still CCJ me after next June and have it show up then? I realise if I get CCJ'd before June it will be on my file until the debt is paid off (I think that's right)

The amount that is showing is £16k+ for a £10k loan, surely that shouldn't have been right even including the interest, is there a way of getting the amount reduced nearer to the £10k loan i.e. ppi reclaim or maybe even there is a way I could have claimed on the ppi to repay the loan considering my circumstances - what would ppi have covered me for. I didn't even know I had it but aparently I did.

If, I can get the loan reduced what would be a reasonable as a minimum full and final settlement - I'm so close to not having bad debts listed on my credit report I'd rather not risk another 6 years of bad marks against my name.

Hiya, after 6yrs of default the date the entry will be removed forever. If after 6yrs of non payment, the debt becomes statute barred and then no ccj can be sought.

However, if you've been paying this debt the statute barred date is obviously different to the default date - the only way these would tally is if you never paid and walked away (several years ago). BUT, they can get a ccj anytime upto the SB date which would then result in a new CCJ entry being placed on your file. If you arrange a repayment scheme, the account will fall off your credit file as is, and can never return cos it will be over 6yrs old from default date - make sense?

So, to keep your credit file clean when the default drops off - arrange a repayment schedule. This also stops a ccj. If you're not bothered about credit for the forseeable future then ignore things and hide until it becomes statute barred, but you'd have the ccj marker (if they apply for one) for 6yrs from the date of judgment....

Hope that explains it easier for you..... you need to work out if you'd be cheaper ignoring it and hiding, so to speak, for the next few years... if you'd still be paying the debt in say 6yrs you may well be better hiding and not paying, cos it won't matter.

A ccj lasts for 6yrs as well, whether paid or not - as does a default.

[Never-In-Doubt]

Re: Rainbows UE Diary

Arrrragggghhhhh can't believe they have written to me yet again (I've emailed it through to you) they are totally ridiculous.

Ideally I'd like to try to get as much sorted out before I go into hospital in 2 weeks time as I'd like to be as stress free as possible obviously, but I can't see that happening as this has gone on for years.

Ok, tell me again in great detail about this and i'll sort it for you now. Enough is enough. lol

I await your reply, I need dates, amounts and reasons of cancellation - I vaguely remember you telling me but I need it all again so it is fresh in my head! Thanks ;30

[Rainbow Libert]

Re: Rainbows UE Diary

ROBINSON WAY - GYM MEMBERSHIP

Rather than take up unnecessary space I've double checked back and I have done a breakdown on the first page of my UE diary with regard to this.

It all came about as I had joined the Gym and had been going for a number of months, paying by direct debit and everything was fine. After some time I took ill and stopped going and cancelled the direct debit, this NEVER caused any problems and nothing was ever said about it as I was just taking a break as far as they were concerned.

When I was better and able to return to the GYM I needed to reinstate my direct debit, which I didn't mind doing - however unbeknown to me instead of just reinstating my direct debit for the rest of the term I had originally signed for they started an entire new contract in effect signing me for an entire year again.

If I had been told this I would never have agree to it as I knew that I was due to go back into hospital for major surgery in a couple of months from me returning to the gym and as such I would not be returning to the gym after leaving hospital.

When I had been in hospital I cancelled my direct debit and it was only after this time that they decided to say I owed for the year's membership not the few months that were left on my original contract. (The really confusing part is they never chased me for that if they are trying to say I defaulted on the original agreement)

I wrote an number of times to the owner of Classic World of Fitness Gym and explained all the details surrounding the mistake on the second agreement and that it should only have been a direct debit form, I explained in detail about my major surgery and also the financial situation that I then found myself in but he was neither helpful nor compassionate and all he could suggest was that I sell my membership to a family member and get them to use it instead. This wasn't an option at all for me.

Since then I have been paying a token payment of 11p per month as this was a pro-rata amount after sorting out what I could afford to offer to all my debts. They have written and rung me numerous times and offered all kinds of reduced payments to get me to pay it off but a couple of things have prevented me from taking them up on this.

I can't favour one debt over another, it is the smallest one but it's been chased the hardest but I actually don't agree that I even owe them the money. It's totally ridiculous, it's nearly 10 years old, no longer on my credit file yet they still keep writing to me.

I ceased paying them the token payment when I ceased all other token payments earlier this year.

Hope that this makes sense to you, if you need anything else please just let me know

[Never-In-Doubt]

Re: Rainbows UE Diary

I'll sort this tonight or tomorrow - worry not! gh

[Never-In-Doubt]

Re: Rainbows UE Diary

Please confirm when you ceased repayments to the DCA - also, who is the DCA and is the same ones from day 1 or has it changed?

[Rainbow Libert]

Re: Rainbows UE Diary

Please confirm when you ceased repayments to the DCA - also, who is the DCA and is the same ones from day 1 or has it changed?

The DCA has always been Robinson Way, all the way back to 2002. They did try to sell it on a few months ago to Horwich Farrelly but I sent them the Sold whilst in Dispute letter and it's back with Robinson Way now.

I ceased payments in March 2010 after finding you on MSE and ceased payments to all my token debts.

[Rainbow Libert]

Re: Rainbows UE Diary

[quote=Never-In-Doubt]

Barclays Bank - Masterloan

Sorry, I know you have many many many of us to help and no-one expects you to remember each case individually, I have trouble enough remembering where I am up to so def don't expect you to remember.

Outline
They sent a copy of cca which I emailed to you, unfortunately you think it is enforceable but then wanted to know why the amount outstanding was over £16k when the loan was actually only for £10k initially.

I then did the time line and published here for your perusal.

Just incase you wanted them again, (as I don't expect you to still have them) I have emailed the copies of the letters they have sent to me again.

Hiya, ok I really think you may need to consider sorting this with Barclays once and for all - or just start to ignore them and let them ccj you, just don't respond to anything - ever? It is up to you but based on your income and past history with this, I suspect it will never go away..... :cry: :cry:

Sorry, but it is enforceable - I really would think about what you want to do and we'll make it work, whatever you decide..... [/quote:3qgbpey0]

Ok, after reading your reply about the ccj and it going from the date of SB that would add another 6 years on from when I made my last token payment of £1 which was March 2010 so I really don't want to go down that road as I would love to have a clear credit file by June next year as everything else is not showing anymore.

Right, the original loan was for £10k and I now believe that PPI was added to it which is why it jumped up to £16K. I think what I need to consider now is trying to get them to reduce the amount by any means possible and try if I can to find out what is the minimum that they would take as a full and final settlement offer. With mum having passed away recently I may be left a small amount but will not know until the probate has been sorted out. Mum and I didn't get on and she had told me many times that I was being cut out of her will and that she was leaving everything to cat's charities so I am not holding my breath. But if I were to get an amount, no matter how small I could try and offer it to Barclays to clear the debt, what do you think would be the least they would accept or am I totally wasting my time in even offering them anything.

[Never-In-Doubt]

Re: Rainbows UE Diary

Hiya

Ok, so have you made a reclaim of PPI or were you eligible to reclaim using PPI i.e. were you ever ill, at the point PPI was on this loan? To elaborate, lets assume you took the loan on 01/01/2000 and had PPI added to it. You made full payments for 3 years and then on 01/01/2003 you became ill and missed payments......

The above is a wide guestimate but can you confirm if anything similar happened or have you not been sick? The reason I ask, is because if you went sick at any time the loan was up-to-date then you could claim PPI to write the whole balance off - so be specific and truthful.

Thanks

[Rainbow Libert]

Re: Rainbows UE Diary

When I took the loan I didn't even know it had PPI on it, didn't even know what PPI was or what it did or didn't cover. It's only since looking deeper into it earlier this year that I actually realised it was on it but didn't want to rock the boat starting to try to reclaim at the time as was hoping the loan would be unenforceable.

When I took the loan I was actually self employed and had been for a couple of years and doing ok. After I'd been paying for while I began experiencing problems with Mum and her mental health following Dad's death, her being in and out of mental wards along with having my own problems to try to deal with along with preventing her from losing her house due to my brother having duped mum into acting as a guarantor for an expensive new motor home. Amongst many other personable problems of my own, these understandably took their toll on me. I lost the business but still didn't know anything about the PPI. Don't even know if I could have claimed anyway.

My psychiatrist actually wrote to all my debts on my behalf explaining that I wasn't of sound mind when I took out the loan/cards and asked for any assistance they could give me to reduce the balance. This was obviously to no avail.

I went to a solicitors years ago to see if they could help as I don't actually believe that I understood the whole concept of the interest, ppi etc and it's only since doing a money course with Sure Start last year that I have begun to understand it all properly. Until then I've been trying to muddle along.

[Never-In-Doubt]

Re: Rainbows UE Diary

Hmmm, I think we can get thios written off you know? Ok, don't get your hopes up yet but lets work through this.

I need you to be specific - did you at any point become ill whilst you were paying this loan? You avoided that last time lol - I need to know?

[Rainbow Libert]

Re: Rainbows UE Diary

My depression had started but was undiagnosed at the time when I took out the loan, I had been struggling with money (but managing my repayments just about by robbing peter to pay paul) and took the loan out to consolodate everything, after making approx 6 payments the business I had folded and I had no income whatsoever. I have been in receipt of benefits eversince. I have since been diagnosed with depression and have been on medication and in & out of councelling, always seeing a string of psychiatrists for approx the last 9 years. My physical health deteroriated in 2005 when I was hospitalised for 2 months requiring major stomach surgery and I am now registered disabled and will never return to work

[Never-In-Doubt]

Re: Rainbows UE Diary

Hiya,

Thanks for this - you're missing my point though and it is imperitive you understand what I am asking you. Were you ever sick or diagnosed with the illness whilst you were making full payments to the loan? Its really not difficult, I need a yes or no - I used a guesstimate - but I need you to be 100% certain.

In layman, did you see a doctor after you were in arrears on your loan or did you see them at ANY point whilst you were maintaining payments? I am not meaning contribution payments, I mean full payments (so the loan would have been up to date)....

Do you understand what i'm asking? (please say you do)....?

[Rainbow Libert]

Re: Rainbows UE Diary

Oh it's clicked what you mean, I'd have to try to check back when I was first diagnosed - maybe even ask my doctor as I haven't kept a diary for a number of years - thanks to an abusive exboyfriend.

I can't at the moment say for def but I know I'd been on anti depressants for some time and had stopped taking them before meeting my OH which was 2002. When I actually met him I was quite someway through an 18 month psychotherapy course and I had had to wait before that started so it must have been around mid 2000 that I was referred for it.

I really am going to have to ask at the doctors if they can tell me when I first started on them.

[Rainbow Libert]

Re: Rainbows UE Diary

I've just checked to see if I could find any info out via bank statements but I only have them dating back to Jan 2002 so doesn't show any payments as they were in 2000. The letter from my psychiatrist though was dated July 2003 and stated I had been in his care for two years, I do remember though that I had been messed around considerably by the NHS and had had many appointments cancelled to the point I actually had written to the head of the hospital to complain as I was self harming and on the verge of suicide because I was falling through the system's net all the time. I'd been messed around for about 12 months so this would take me roughly to when the payments ceased.

[Never-In-Doubt]

Re: Rainbows UE Diary

Hiya

Ok, do that and get back to me - i'll explain things for you, basically I am hoping that you were ill and still trying to make payments to the account when you should have been claiming, if that is the case then you can retrospectively claim meaning the loan would be cleared in full and you'd be free of it - at fookin last lol.....

See now, why it is important to me? We will try the PPI retrospective claim route and see how they like that - hah! Lets hope the doctor confirms you were ill at the same time you were makiing full payments to the loan. Well the doc can only tell you when you were ill - as for the loan, you'd know that yourself - I can't help there.... get me the exact dates and we'll then work on this and get the whole £20k wiped if we can! Big if but worth a go! ;-y