Wishfull's UE Diary

[Wishfull]

Re: wishfullthinkings UE Diary

should i just ignore this

This is now SB many thanks to all of you for ur help

[Wishfull]

Re: Wishfull's UE Diary

I forgot how to do this ffs

[nanna58]

Re: Wishfull's UE Diary

Well done you bet you feel great. xxxx

[Pixie]

Re: Wishfull's UE Diary

I forgot how to do this ffs

Never mind. So, if I've got this right, you've updated us to say that two are now SB and you've paid off the orange debt. Well done! It's a long road but worth it in the end

[Wishfull]

Hi all just popped by to let you all know my credit file is now clear and im down to about 15k of debt i have been making payments totalling £256 a month [never missed one] i have just given my job up due to sickness and i am about to write to my crediters to offer £1 payment break for three months at which point im gonna make full and final at about 50% just need you guys expert advice on how to go farward with this thanks wishfull

[nightwatch]

Hi all just popped by to let you all know my credit file is now clear and im down to about 15k of debt i have been making payments totalling £256 a month [never missed one] i have just given my job up due to sickness and i am about to write to my crediters to offer £1 payment break for three months at which point im gonna make full and final at about 50% just need you guys expert advice on how to go farward with this thanks wishfull

WELCOME BACK xx

[Roger]

Hi all just popped by to let you all know my credit file is now clear and im down to about 15k of debt i have been making payments totalling £256 a month [never missed one] i have just given my job up due to sickness and i am about to write to my crediters to offer £1 payment break for three months at which point im gonna make full and final at about 50% just need you guys expert advice on how to go farward with this thanks wishfull

There have been changes over the years so it might be good to up date Diary entries on your remaining debts.
I noticed for instance an OverDraft.
A fresh look might be helpful.

[Joanna Connolly Solicitors]

im down to about 15k of debt i have been making payments totalling £256 a month [never missed one] i have just given my job up due to sickness and i am about to write to my crediters to offer £1 payment break for three months at which point im gonna make full and final at about 50% just need you guys expert advice on how to go farward

Before you make any F & F settlement offers it may make sense to check the enforceability (or not) status of this remaining £15k of debt.

Law evolves so a debt which may have been considered enforceable at the start of your journey in 2010 may not necessarily be enforceable now.

I notice that at least one of these debts may relate to an overdraft. You may not have sent them a s77-79 Request at the time but you should do that now following a recent court judgment.

Jo explains why here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not approve of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

It would be a pity to pay a debt which could be unenforceable in law. This is a legal argument not a moral argument.

Di