Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

Hi PTB,

Glad you have started to read up and many thanks to pixie. All of those comments I would agree with. We have a step by step system to guide you through most of these troubles which are tried and tested and the template letters which quote up to date case law etc.

There are always many and varied views but you have to apply a bit of your own "nouse" to these them. There are people on many sites who are part of the DCA/Bank scene and are there purely to confuse the issue and cause difficulty for other struggling members. This site has a consistent approach to most (we do disagree sometimes as to best method) issues but we all dislike the banking sector and the way their cohorts behave and our senior moderators are very quick to identify and sort out troublemakers and those that would mislead others.

You have nothing to lose with looking at the uE route and in any case it is your right in law to seek information via the s78 method, hence allowing you to come to the right decision for you.

regards
Garlok

Thanks Garlok,

I actually feel like there may be some light at the end of the tunnel now. I just have to be prepared for the barage of letters and phone calls that are going to start .... had them way back in 2005 and they worried me sick, at least now I have seen how other people have handled them its not such a daunting prospect!

Pooks

[pooksthebear]

Re: Pookies UE Diary

Hi Pooks

Bank accounts are exempt from cca anyway so it doesn't matter when it was opened.

I'm not sure if a ccj would start the 6 years off again - I'll have to read up on this. However, if the accounts are UE they wouldn't be able to get a ccj against you anyway. Perhaps with the money you save from stopping payments on the other debts, you could reduce your bank overdraft.

I think you're on the right lines in ditching the dmp, forgetting about F&F settlements and trying for UE. If any of the pre2007 debt agreements turn out to be enforceable, we'll sort that as we come to it.

So, get those cca requests sent tomorrow recorded delivery. Signing digitally just means typing your name using one of the fonts in Word (I use Lucida or Bradley) rather than signing by hand - just in case they try a sneaky copy-and-paste job on an agreement!

Thanks for the reply Pixie,

The bank account overdraft I had with the Yorkshire, which is now with cabot.. did you mean come to a seperate arrangement to keep paying this one to cabot?

Yes I suppose if the debts are unenforceable they cant ccj me and they wouldnt be able to while account in dispute would they? Can they start adding interest again while account in dispute do you know? I have the original agreement for one debt, would it be worth posting that up for you to have a look at to see if its UE? Presume we would have to wait to see if the dca actually has the original agreemnet anyway but it would give us an idea wouldnt it?

Pooks

[Pixie]

Re: Pookies UE Diary

Good points from both Garlok and evenlessdopey.

[MrsD]

Re: Pookies UE Diary

Pookie

I would be asking for a full account from you existing DMP provider, every payment made, every payment made to your creditors, every charge they applied to your accounts and every charge your creditors applied, it might actually be better to SAR these muppets because they appear to have proken some rules with the mortgage carry on, just a thought.

[garlok]

Re: Pookies UE Diary

Hi PTB,

Glad you have started to read up and many thanks to pixie. All of those comments I would agree with. We have a step by step system to guide you through most of these troubles which are tried and tested and the template letters which quote up to date case law etc.

There are always many and varied views but you have to apply a bit of your own "nouse" to these them. There are people on many sites who are part of the DCA/Bank scene and are there purely to confuse the issue and cause difficulty for other struggling members. This site has a consistent approach to most (we do disagree sometimes as to best method) issues but we all dislike the banking sector and the way their cohorts behave and our senior moderators are very quick to identify and sort out troublemakers and those that would mislead others.

You have nothing to lose with looking at the uE route and in any case it is your right in law to seek information via the s78 method, hence allowing you to come to the right decision for you.

regards
Garlok

[Pixie]

Re: Pookies UE Diary

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

Hi Pooks

Bank accounts are exempt from cca anyway so it doesn't matter when it was opened.

I'm not sure if a ccj would start the 6 years off again - I'll have to read up on this. However, if the accounts are UE they wouldn't be able to get a ccj against you anyway. Perhaps with the money you save from stopping payments on the other debts, you could reduce your bank overdraft.

I think you're on the right lines in ditching the dmp, forgetting about F&F settlements and trying for UE. If any of the pre2007 debt agreements turn out to be enforceable, we'll sort that as we come to it.

So, get those cca requests sent tomorrow recorded delivery. Signing digitally just means typing your name using one of the fonts in Word (I use Lucida or Bradley) rather than signing by hand - just in case they try a sneaky copy-and-paste job on an agreement!

[pooksthebear]

Re: Pookies UE Diary

reposted this in diary.

[pooksthebear]

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

Hello again Garlok, thank you so much for this.

The only reason i went down the f&f route was because i was led down the garden path re the mortgage and promise of being debt free and getting a good mortgage with high street lender in 2 years. It wasnt until AFTER i sent the f&f letters and began reading around that i realised this was not the case.

I started the dmp in 2005 and never missed a payment, the creditors agreed to the figure i was paying yet one put a default on my file in 2008.. after 3 years of making the agreed payment. All defaults will be off by 2014.

The route for me now i think is to ditch the dmp, scrap the f&f idea and try for unenforcability. May have to continue paying the yorkshire bank/cabot one though yeah? One thing though.. can they all still get a ccj against me on top of the default and therefore start the whole 6 year thing again?

I will get the postal orders tomoro and get letters sent off on Friday. Im ready for a fight now.. had enough of being taken for a ride by dcas, dmcs and their dodgy sidekick mortgage advisors!

Yours most appreciative.. Pooks

[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

[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.

[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

[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

[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

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

[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.