Pookies UE Diary

[pooksthebear]

Ok.. where to start. Right, split with hubby late 2000, marital home sold 2001 and me and kids bought new home. All fitted stuff in old home to had to buy all new (wardrobes, appliances etc) and got it on credit cards etc as not enough cash or left overs from mortgage to pay for it. Late 2001 car unfixable and need one for job so bought second hand one with loan. Did the usual in robbing peter to pay paul but managed.

2005.. maintenance stopped and csa did nothing. I'd had 10 years of guaranteed overtime which i relied on.. this also stopped. Result...massive drop in income and unable to meet debt payments.

First port of call my building society to see if they would let me release some equity to pay the debts. They were very apologetic but couldnt lend on debts unless they were for minimum of £25k. I approached all creditors for lower repayments.. this was met with a resounding no chance. I then went into a debt management plan in autumn of 2005, yes with a paying company!

I have paid the monthly fee every single month since.

2010. House needs major repairs now and car has had it. I have a lot of equity in the house so I spoke to debt management company and an agent from a subsiduary company contacted me and said they could set me up with a mortgage and release enough equity to pay the debts off and have enough left to sort out house.. but only if I got rid of two debts (i have 7), they had not defaulted but were showing as late. All the rest had defaulted. Borrowed £3k from mum and paid those two debts with a 30% reduction. Got call from mortgage guy, sorry but you cant remortgage till next year as one of defaults is under two years old. Cash in my endowment for £7k, pay mum back £3k and get car for work for £4k. Car essential or no job.

2011. Get call from mortgage guy, can now go ahead. Can release me £12k equity to pay off debts and finally sort house out (cannot face another winter with no heating). He says after two years he can get me with high street lender.. fab!! He will ask for settlement figures but wont tell DMC how much equity im releasing. Girl from DMC rings re settlement figures ... oddly they come out at exactly £12k. Heart sinks, this is no good, it completely defeats the object.

Start searching internet and find out that I probably wont be able to remortgage with a high street lender in two years.

I need a way out of this nightmare. Need money to sort house and pay off debts. Need to release equity for this. Cant release equity with debt. Cant get rid of debt without money....

Speak to mum, she offers to lend me her savings to pay off debts but shes only got £9k. Send full and final to credits (detailed below).

This week... find this site... hopefully all is not lost!!

[pooksthebear]

Re: Pookies UE Diary

Just need to add to that.. since i sent the full and finals i did some extensive reading and as my defaults drop off...

one this month
one in dec
one in march
one in 2013 and last one in 2014...

I dont think now is the right time to borrow money off mum to pay off debts as who knows when i will be able to remortgage. Mum will help me sort the most immediate problems with the house so that me and kids can be warm this winter and i can pay her back a bit each month. Then remortgage when credit better. I can bide my time with the dca's...

Also... I have the original credit agreement for one debt.. it is not signed.

[pooksthebear]

Re: Pookies UE Diary

GE MONEY LOAN

Started - 2004
Status - Defaulted on credit file by Santander Dec 2005
Balance - £10,600
Last paid October 2011 through dmp which is now ceased.

Debt sold, unsure how many times.
Now being collected by CL FINANCE who have also put a default on credit file for same debt with same default date of Dec 05.

3 weeks ago sent full and final without predudice, ex gratia offer, £9k (total to share) pro -ratered with all other creditors. Standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

Today. Emailed equifax and asked them to remove the duplicate credit file entry on same debt. Received statement from CL finance, shows some payments missing. No response on my full and final offer.

26.10.11 - got call from CL Finance regarding the f&f I offered. Told them money no longer available and I wanted all future communication via post only.

27.10.11 - CCA Letter sent first class recorded.
10.11.11 - Received letter from CL Finance dated 08.11.11 stating they do not have the agreement and are in process of retrieving agreement.
12.11.11 - now had their 12+2 days and no agreement sent.
20.12.11 - Received CCA agreement. Emailed Niddy. Thinks EF ;(
16.02.12 - default now off credit file
22.03.12 - Received letter from Lewis Debt Recovery saying can no longer hold my account without contact and they will return account to collections unit if now response within 10 days.
29.03.12 - Uploaded CCA again to secure area for Niddys expert eye again!
12.04.12 - CCA and letter updated for Niddy. EF ;(
18.10.12 - Received letter from CL finance, well more a statement actually.
22.01.13 - Received assignment notice from CL finance assigning the debt to Lowells. Also a letter from Lowells Portfolio asking for a repayment schedule to be set up.
05.02.13 - letter sent to Lowells recorded delivery asking for CCA
11.02.13 - got letter from Lowells dated 5th again asking for payment
18.02.13 - recieved letter from lowells dated 12th saying they have requested my CCA.
25.02.13 - Received letter from Lowells dated 21.02.13 saying that GE Money are trying to retrieve my CCA from their archive, if cannot find it they will let me know, if they can find it then I must pay the balance in full.
30.03.13 - Received letter from Lowells saying they have been advised by GE Money (original Creditor) that the CCA is no longer available due to length of time since account was opened and so they are closing my file and wont make any further contact concerning payment unless a copy of the agreement is received in the future from GE Money.

[pooksthebear]

Re: Pookies UE Diary

YORKSHIRE BANK LOAN

Start date unclear.. 2006?
Status - Default put on credit file August 08, says Marlin on credit file but not sure if thats who put it on.
Balance - £1309.34
Last paid October 2011 through dmp which is now ceased.

Debt sold, unsure how many times. Now being collected by DEBT MANAGERS on behalf of MARLIN.

3 weeks ago sent full and final without predudice, ex gratia offer , pro -ratered with all other creditors a portion of the £9k my mum offered me. Sent standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

Few days ago got letter refusing offer with a counter offer of about 20% off and a statement of payments. Lots of payments missing.

27.10.11 - CCA Letter sent first class recorded.
02.11.11 - Reply from Debt Managers - We have requested a copy of your signed agreement and will revert to you once this has been received.
12.11.11 - had their 12+2 days now and still no agreement.
20.12.11 - Received letter from Debt Managers saying they have closed my file and passed it back to Marlin.
05.03.12 - Statement of account received from Marlin dated 06.02.12.
19.05.12 Received letter from Marlin - notice of change of agent, they have appointed Mortimer Clarke Solicitors to take over recovery activity from them.
30.05.12 - Received letter and income and expenditure form from Mortimer Clarke solicitors asking for it to be completed and returned to them within the next 7 days.
09.06.12 - Recieved another letter from MC (dated 07.06.12) requesting I contact them within 14 days with payment plan.
12.06.12 - Account sold in dispute letter sent to Mortimer Clarke recorded delivery.
12.01.13 - Received letter from Mortimer Clark asking for payment and attached was a CCA from Yorkshire Bank (well its only taken a year to find it). Uploaded for Niddy's expert eye - enforceable .
05.02.13 - letter sent, recorded delivery, to MCL offering to resume my previously agreed £5 per month payment and also requesting full and final at £500.
23.03.13 - Received letter from Mortimer Clark telling me that as I have failed to make an arrangement to pay, Marlin have instructed them to bring court proceedings against me.

[pooksthebear]

Re: Pookies UE Diary

YORKSHIRE BANK OVERDRAFT

Need to add here, account was fine and they removed o/d without warning and demanded full balance, added £250 charges. Had to give a/c to dmc as couldnt pay. Week later gave me o/d back and upped the limit to take into account the extra charges. i complained and charges removed but account left with dmc.

Started - opened account in 2000
Status -Default put on credit file July 07, shows Cabot.
Balance - £1217.03
Last paid October 2011 through DMP which is now ceased.

Debt sold, unsure how many times. Debt now with CABOT.

3 weeks ago sent full and final without predudice, ex gratia offer, pro -ratered with all other creditors a portion of the £9k my mum offered me. Sent standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

Few days ago got email refusing offer with a counter offer of about 20% off and a statement of payments. Payments missing.

11.11.11 - CCA request letter sent first class recorded.
17.11.11 - Postal Order returned with letter saying they dont have to send the CCA as overdraft not covered by agreement.
10.02.12 -Have been getting bombarded with phone calls from various different numbers over the last 2 or 3 weeks, all times of day and night on both mobile and landline, all of which I am rejecting immediately so have not spoken to them.
16.02.2012 - Niddy special CCA request/telephone harassment letter sent first class recorded
23.02.12 - Response from Cabot. Sent my postal order back. Maintain dont have to provide CCA and say the law change only applies to accounts after Feb 11. Ive typed full letter out in my diary.
29.03.12 - Received letter from Cabot stating they have asked Y.B for information but they have experiencing a delay in finding it in their archives.
30.05.12 - Received letter from Cabot stating they are still waiting for the CCA from Yorkshire Bank.
20.07.2012 - Received letter from Cabot stating they are still waiting for the CCA from Yorkshire Bank.
14.09.2012 - Received letter from Cabot stating they are still waiting for the CCA from Yorkshire Bank.

[pooksthebear]

Re: Pookies UE Diary

RBS CREDIT CARD

Start date - 2002/2003
Status - Default put on credit by RBS file October 05.
Balance - £1766.00
Last paid October 2011 through DMP which is now ceased.

Debt sold, unsure how many times. Debt now with TRITON.

3 weeks ago sent full and final without predudice, ex gratia offer, pro -ratered with all other creditors a portion of the £9k my mum offered me. Sent standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

No response to my letter.

17,10.11 - Received letter from RBS re f&f offer stating they will not comply without a signature.
27.10.11 - CCA Letter sent first class recorded.
04.11.11 - Received credit card statement from RBS
12.11.11 - No reponse at all, now had their 12+2 days to reply
18.11.11 - CCA received
21.11.11 - Emailed CCA to Niddy -
Niddy says
10.02.12 - keep getting the odd statement from RBS but heard nothing else.
16.02.12 - default now off credit file
01.05.12 - Received letter from RBS demanding immediate payment or will place account with external DCA's without prior warning.
23.05.12 - Received letter from RBS advising they have appointed DCA Transcom to collect the debt on their behalf.
15.06.12 - Received letter from Newmans debt collection agency advising they have been appointed the agent for RBS and demanding payment.
19.06.2012 - Received another letter from Newmans demanding I ring them immediately.
22.06.2012 - Account sold in dispute letter sent to Newmans recorded delivery
30.06.12 - Received letter from Newmans saying they cannot provide cca agreement as client holds the information, they are awaiting a response and will contact me when they get reply. Account on hold for 30 days.
21.11.12 - Received letter from RBS saying they have instructed Westcot as their agents and they will be in touch.
12.12.12 - Received letter from Westcot demanding I contact them about payment immediately.
19.12.12 - Account sold in dispute letter sent to Westcot recorded delivery
21.12.12 - Received final notice from Westcot saying their enquiries confirm my address and they want payment. Ignored.
31.12.12 - received letter from Nelson Guest and Partners Solicitors saying Westcot have instructed them, on behalf of RBS to offer me an early payment discount. Ignored.
02.01.13 - received letter from Westcot thanking me for my letter and asking me to send formal request for CCA and a £1 payment.
12.02.13 - Getting repeated phone calls from Westcot and they are doing trace searches on my credit file.
13.02.13 - letter received from Nelson Guest & partners solicitors saying they act on behalf of Westcot and if payment is not made within 10 days further recovery action will be taken.
22.02.13 - received doorstep collection notice from Westcot, they are sending credit security to my home.
20.05.16 - received letter from RBS saying they have sold account to Cabot and they will be in touch with me shortly.
24.05.16 - received telephone call from Cabot. Hung up

[pooksthebear]

Re: Pookies UE Diary

LITTLEWOODS CATALOGUE

Started - around 2002/2003
Status - Default put on credit file March 06 - shows Arrow Global
Balance - £174.57
Last paid October 2011 through DMP which is now ceased.

Debt sold, unsure how many times. Now being collected by Buchanan and White on behalf of ARROW GLOBAL.

Received a letter from Phoenix Recoveries on 16th September 2011 saying they were asigning the debt to Arrow Global effective from 13th May 2011 and payments should be made to Buchanan and White. It took them 4 months to notify me the debt had been assigned to someone else.

3 weeks ago sent full and final without predudice, ex gratia offer, pro -ratered with all other creditors a portion of the £9k my mum offered me. Sent standard template letter but removed any acknowledgment of the debt. I also asked them for a breakdown of payments received over last 12 months.

Few days ago got letter refusing offer with a counter offer of 15% off. No statement of payment.


11.11.11 - CCA request letter sent first class recorded.
16.11.11 - Postal order returned with letter asking for it to be sent direct to Arrow Global.
17.11.11 - CCA request letter sent fist class recorded to Arrow Global.
5.12.11 - Postal order returned from Arrow Global with letter saying they do not accept that they are the creditor and will request cca from creditor.
08.03.12 - Letter recieved from Arrow Global - clearly stating 'assigned by Phoenix Recoveries'. Letter states cannot obtain copy of credit agreement.





ORANGE MOBILE PHONE, DEBT NOW WITH CAPQUEST BEING COLLECTED BY MACKENZIE HALL.
Started 2003
Status - Defaulted
Balance - £51 - they say.

Thought this was paid in full either December 2009 or January 2010, came off DMP in January 2010 with status paid. Heard nothing until recently.

11.11.11 - CCA request letter sent first class recorded delivery with doorstep harrassment letter.
7.12.11 - Postal order returned with letter from Mackenzie hall saying they have requested copy of agreement and if they dont receive it within 40 days they will close my file and return it to their client.
9.12.11 - Letter received from Mackenzie Hall with statement attached and demand for payment within 7 days.
16.12.11 - Doorstep threat letter received from Meritforce (acting on behalf of Mackenzie Hall who are in turn acting on behalf of Capquest)
21.12.11 - Doorstep threat harrassment letter sent to Meritforce recorded delivery.
12.01.12 - Received letter from Mackenzie Hall offering me a full and final of £40.80 to be received by 22.01.12. Ignored.
30.01.12 - Letter received from Connect on behalf of Capquest demanding payment of £51. Ignored.
05.03.12 - Settlement offer of 50% off received if i pay by the end of the month.. letter was dated 28.02.12 so already out of time!
01.05.12 - Received letter from Colemans Solicitors demanding payment within 7 days or legal proceedings may be raised against me.

[bobogosing]

Re: Pookies UE Diary

Morning pooksthebear!

So sorry to hear your story but your in safe hands.
A year ago, I was a nervous wreck.
I have been on DMP with CCCS and been on all forums, hoping to find the light at the end of the tunnel for sometime. Finally, in August 2010, I have found Niddy's forum, the people, mods and Niddy have been a great help. They have help me to focus on my life again. Whenever I am down or have problems with my creditors, I log on to this site,read through other members diaries and see how Niddy and his team gives their advise to help them, and myself. I feel much better afterwards.

Hope you see your light soon!!

bobo x

[MrsD]

Re: Pookies UE Diary

good morning Pookie

Ok are you still paying the debt management company and who was it?
It was a very bad idea to ask them to help with a mortgage, as it appears they haven't been entirely honest about your position. I reckon your debts are around £15k, £9k is WAY too much to offer in full and finals, lets hope they continue to ignore those offers!

For debts this old and about to fall off your CR, around 20% would still be generous.

Let us know first of all if you are still paying the DMP and if you are i would stop now, this minute. basically if you are paying they don't really care about F&Fs.

[garlok]

Re: Pookies UE Diary

I'm out for the rest of the day PTB, but will try to look in later for a deeper look at the situation. However most of your debts seem to have been started before April 2007 which means we can for a start look at UE on some of them and take a harder negotiating line with the others.

Garlok

[Pixie]

Re: Pookies UE Diary

Hi and welcome to the site pooksthebear.

I'm a little confused. Do you want to go for f&f settlements, carry on with the DMP or try for UE?

If you're going for f&f, Niddy says to start off at 10% of the debt but, as you've already sent the letters, it's probably too late for that. Certainly don't pay 80-85% of the debt.

Your debts are certainly old enough to come under the cca regulations. You've already got defaults so it doesn't matter about your credit rating being trashed. If you want to try for UE (and what have you got to lose?), stop all your payments and send cca requests (digitally signed, by recorded delivery and enclosing £1 postal order, to the dcas who now have the debts

Have a read of Help with Unenforceability .

Use the money (or some of it) from your Mum to sort out your problems with the house but why use the money to make payments for your debts if you don't need to? If you work out what you've paid over the years, you'll have more than paid what you borrowed.

[garlok]

Re: Pookies UE Diary

Hi PTB ,

Back in the saddle for a bit now. As you have been advised have a read here:

>Help with Unenforceability - allaboutFORUMS

That will give a start into unenforceability.

Unenforceability does not extinguish the debt, but it does mean that the creditor is unable to enforce it though the courts hence you won't have to pay it. There are a number of legal reasons why this occurs however it is not always an easy ride I'm afraid. Hence only you can decide how you want to play it in the end. As I see it you already have trashed credit reference files and have nothing to lose by seeing where you stand with all of your debts. You can then decide whether you wish to carry on with some form of DMP, go the UE route for those that are UE and try for F & F s where applicable. The commenst above are correct and you will get nowhere with any of them whilst you are still making payments if the facts are faced. You will not necessarily get clean CRFs if you get F 7 Fs accpeted as they will say something like partial settlement and the like.

So from the above I would make as78 CCA1974 request for copy documents (agrrements) using the template letter on the following accounts:-

CL Finance collecting for GE Money
Debt Managers collecting for Morgan Stanley ( was this a Morgan Stanley Dean Witter account by the way?)
Triton collecting for RBS
Buchanan White collecting for Littlewoods

You will need a one pound postal order to go with each letter and they will have 12 + 2 days to respond otherwise they will go into default.

The Yorkshire Bank overdraft will not be covered by The CCA1974 and hence we will have to consider the best way to handle it.

If you are insistent on trying for F & F ( not a really recommended tactic on this site so early on in procedings) then never open negotiations above 10%. Usually never try this on with an original creditor on a live account without proper professional legal advice using third parties. To be successful on your own and still you will need great care ( this is Common Law of Contract with all its pitfalls not simple Statute Law like CCA) it is best to get defaulted as early as possible and then come to a settlement with the DCA debt purchaser (in Absolute). They will have bought the debt at between 10p and 12p in the pound, hence if you get as high as 20% of the original debt then they have made 100% profit. hence your chances are much better. You will never get a sensible F & F whilst you are making any payments.

Whilst you are making any sort of payment you are still acknowledging the debt and another legal method which is the Statute Barring clock will never start either. I believe the advice you have been given by the DMP operator has not necessarily been to your best interest. But that is a personal opinion form the information you have provided.

Hope that this helps a bit to start as we don't want you to get overwhelmed with it all. You are in good hands here and many of us have been or are going through the same difficulties as you. The site owner and administrator is on holiday at the moment but will be back in a few days and his reviews of the documents will be crusial to how we all proceed. if things down the line get a problem we do have a preferred solicitor who is a specialist in consumer law to whom you can be referred if the necessity arises.

I will post up the link to the first template letter for yuo to consider in a moment

regards
Garlok

[garlok]

Re: Pookies UE Diary

Here you go PTB,

This would be your starting letter on this journey:-

>Unenforceability Templates - Section 1

Never actually sign anything from now on only print your name, phone calls are to be met with "in writing only". I never use e-mails either only the Royal Mail. Anything you receive keep the envelopes as well stapled to the correspondence it came with and marked the date it actually arrived through your door and keep a log of the phone calls date time which account etc.

regards
Garlok

[pooksthebear]

Re: Pookies UE Diary

good morning Pookie

Ok are you still paying the debt management company and who was it?
It was a very bad idea to ask them to help with a mortgage, as it appears they haven't been entirely honest about your position. I reckon your debts are around £15k, £9k is WAY too much to offer in full and finals, lets hope they continue to ignore those offers!

For debts this old and about to fall off your CR, around 20% would still be generous.

Let us know first of all if you are still paying the DMP and if you are i would stop now, this minute. basically if you are paying they don't really care about F&Fs.

Hello Evenlessdopey, thank you for your reply, much appreciated.

Yes I am still paying the dmp (Sterling Green) £100 a month, shared between the debts. I have been too scared to stop paying in case the creditors get a ccj against me. I also do not think they have been honest, I found it very odd that they said they could get me a full and final for £12k.. how on earth did they know that was the exact amount i was hoping to release in equity.. unless their mortgage people told them!

I think they will continue to ignore me or come back with only a small discount.

[pooksthebear]

Re: Pookies UE Diary

Hi and welcome to the site pooksthebear.

I'm a little confused. Do you want to go for f&f settlements, carry on with the DMP or try for UE?

If you're going for f&f, Niddy says to start off at 10% of the debt but, as you've already sent the letters, it's probably too late for that. Certainly don't pay 80-85% of the debt.

Your debts are certainly old enough to come under the cca regulations. You've already got defaults so it doesn't matter about your credit rating being trashed. If you want to try for UE (and what have you got to lose?), stop all your payments and send cca requests (digitally signed, by recorded delivery and enclosing £1 postal order, to the dcas who now have the debts

Have a read of Help with Unenforceability .

Use the money (or some of it) from your Mum to sort out your problems with the house but why use the money to make payments for your debts if you don't need to? If you work out what you've paid over the years, you'll have more than paid what you borrowed.

Hi Pixie, thanks for the reply.

1. I did want to go for full and final to get shot because.. i was led to believe that i could have a mortgage to clear them and then be remortgaged again with a high street lender in 2 years. Sounded good.. to be in the clear. However i then did some reading and came to the conclusion that a high street lender would not give me a mortgage with a default on the cra and my last one doesnt come off till 2014 .. however i didnt find this out until AFTER i had sent the f&f letters. So now im not so sure.. think maybe as last resort now.

2. I dont want to continue paying if i can help it, or at least only pay very very little, however i dont want to end up with a ccj and have to wait another 6 years for clear credit file.

3. Unenforcability.. i have done a lot of reading about this and have got confused with all the different opinions etc. The loan and credit cards are pre 2004. The bank account is 2007 and catalogue.. cant remember.. had that years and only handed that to dmc on their advice, balance was low and could have managed it but they never ever mentioned to me i could be defaulted or anything. I have the credit agreement from the loan.. but it isnt signed by me. Seem to remember it was done on the phone and i was delivered a cheque by courier.

Havnt a clue how to do a digital signature but im willing to learn!! Oh .. i told the dcas that the offer was only open for a limited time. Not sure if that will help with a later f&f if debts turn out to be enforceable.

Thanks again.. very grateful for the help. Pooks