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  • Hi just joined

    Good afternoon i have everything now documented Phew not easy and sincere apologies for the length and amount of information

    Current Debt
    1. Barclaycard Freedom (ironic)
    Opened 2013
    Balance default 7,098 current 7,756.05
    Last payment date 04.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status CC J attachment of earnings, no reply as yet
    Owner PRA group

    2. Halifax credit card
    Opened Oct 2015
    Balance default 7,06209 current 9,454.83 (8% interest)
    Last payment date 15.07.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status CC J charging order on property *please see notes below re property
    Account owner LC Asset 1 S.a.r.l. Kearns solicitors

    3. Halifax overdraft
    Opened 01.2011
    Balance default 1,056.99 current 1,481.80
    Last payment date 08.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status CC J no further communication since Feb 23

    4. Tesco personal loan
    Dated opened 14.07.17
    Balance at default 6,103 current 6,658
    Date last paid 07.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status CC J charging order on property
    Current owner Intrum UK Lester Aldridge solicitor


    5. Santander credit card
    Opened 11.13
    Balance 3,624
    Date last paid 06.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status outstanding
    Current owner Santander

    6. Post office credit card
    Opened 06.15
    Balance 2,534.85
    Date last paid 11.19
    No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Status outstanding last contact Orbit 11.23
    Current owner Cabot
    7. Santander current account overdraft
    Date opened 06.13
    Balance 834
    Date last paid 05.19
    Status No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
    Account owner back to Santander

    8. Tesco credit card
    Date opened 05.17
    Balance 376.18
    Date last paid 04.20
    Status No contact from me at all
    Account owner LC Asset 1 S.a.r.l

    9. Barclays Current account overdraft
    Date opened 10.09
    Balance 420.10
    Date last paid 08.21
    Arrangement none no contact from me
    Status outstanding
    Account owner gone back to Barclays




    10. Student finance England, course fees and maintenance loan (left uni partway through academic year)
    Date 2017/18
    Balance 5,458.18
    Date last paid 11.21 *completed income and expenditure showed -1,125.31 date 09.09.18
    status outstanding
    Current owner Student Loans company

    Explainer left due UNI to exceptional circumstances missed exams Mum in intensive care in Croatia 4 weeks was actually sleeping in doorways no money medical insurance was declined for 3.5 of those weeks honestly think I've had a breakdown only got to the underwriters to appeal because I had POA. Never able to catch up due to caring responsibilities
    Property ex resides in family home long term alcoholic fought repossession outstanding mortgage paid by unexpected inheritance only owed 20k seemed the sensible thing to do, after legal advice lack of capacity and costs involved in the ‘TOLATA’ process I've privately rented genuinely had to leave ex actively suicidal on several occasions over several years House now almost uninhabitable no flushing toilet wet rot dry rot roof severely damaged. Every agency I cant think of contacted SS, Doctor, alcohol services etc
    I'm currently managing benefit money of exes and on social services referral explained how my mental health cant cope as still receiving abuse from said but no-one appears to be able to help
    I have documentary evidence of all of the above if it makes any difference or anyone able to suggest anything

    thank-you to anyone who has made it this far













  • #2
    Sorry additionally have ADHD if thats any relevance?

    Comment


    • #3
      Hi

      Sorry to hear of your horrendous situation.

      Which of those accounts are you currently being chased for?

      (Edit: Which of these debts are in your sole name?)

      There is FCA guidance for firms on the fair treatment of vulnerable customers.

      Characteristics of vulnerability include poor health, experiencing negative life events, low financial resilience or low capability. Not all people with these characteristics will suffer harm, but they may limit people’s ability to make reasonable decisions.
      https://www.fca.org.uk/news/press-re...%20Act%202010.

      The question of low financial resilience (affordability) is one which can be established by providing lenders with Income and Expenditure details. There is FCA guidance on awareness of financial difficulties here -
      https://www.handbook.fca.org.uk/handbook/CONC/1/3.html


      Edit: Additionally if you make the lenders aware of those other situations, they should take that into account too.
      Last edited by Still Waving; 20 January 2024, 15:23.

      Comment


      • #4
        Thank you for your reply Still waving, feel like should have called myself still standing lol, I'm in a much better place now.

        All debt is in my name

        Thanks for the links helps to not beat my self up so much so thank you again, currently the first one is the only one causing concern Barclaycard by local court bailiff, with highlighted 14 day prison (I'm aware that's not likely, although if it contributed towards writing debt off id happy go attachment of earnings realistically impossible to complete due to other debts involved and I'd completely put everything away in a box mentality and physically

        Plan of attack
        1. write to CCJ debtors with unenforceable letter template
        would this put on hold any potential action with regard the Barclaycard?

        2. Accurate budget, intend to use MSE for this

        Is this likley to trigger other debts chasing me? ive literally had 2 collection agency's outside my door when leaving for work Moorcroft have been particularity obnoxious


        thank-you for looking *apologies so many edits i can only take baby steps
        Last edited by Shell; 23 January 2024, 07:25.

        Comment


        • #5
          Hi
          It looks as if you are having a tough time. I hope things do start to look up

          You say you have a student loan- what scheme is this on , I ask because this will affect the repayment terms. For example my Student Loans only kick in once I earn above a certain threshold (from one job). They then get written off after 30 years.

          I think if the agreements on the cases with CCjs were UE you may need some expert advice on potentially getting these set aside. I also find it odd that they are adding interest- this should stop once the ccc is applied. maybe call national Debt Line and have a chat. The debts are all relatively recent so less likely to be UE although it is possible.

          There are some 'nuclear' options but before you even consider these it is vital you get qualified debt advice - but make sure it comes from a free debt charity, CAB or NDL are very good.

          Comment


          • #6
            I don't know what other forums or advice you have been taking but it looks a complete mess!

            First please put your Debts into separate Blogs rather than the long list!
            This to assist you in dealing with each! As regards those with CCJ's you need advice please see below.

            AAD Diary can help you take control of this!
            The Diary approach means Particular Advice not Generalised!



            "..
            Plan of attack
            1. write to CCJ debtors with unenforceable letter template
            would this put on hold any potential action with regard the Barclaycard?
            .."
            There is NO point in sending CCA S.78 where CCJ have been awarded I presume by Default


            4. Tesco personal loan
            Dated opened 14.07.17
            Balance at default 6,103 current 6,658
            Date last paid 07.19
            No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
            Status CC J charging order on property
            Current owner Intrum UK Lester Aldridge solicitor

            Lets start with the CCJ's these would have to be set aside if possible!
            Lets start with Intrum
            https://all-about-debt.co.uk/forum/d...ed#post1539265
            "..
            If you have received a letter of claim or a County Court Claim from Idem or they have obtained a default judgment against you, we can advise you how to proceed, or we can act for you. These claims can be defended and judgments set aside. Our view is that these companies, once they issue county court proceedings, must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.
            .."


            8. Tesco credit card
            Date opened 05.17
            Balance 376.18
            Date last paid 04.20
            Status No contact from me at all
            Account owner LC Asset 1 S.a.r.l

            2. Halifax credit card
            Opened Oct 2015
            Balance default 7,06209 current 9,454.83 (8% interest)
            Last payment date 15.07.19
            No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
            Status CC J charging order on property *please see notes below re property
            Account owner LC Asset 1 S.a.r.l. Kearns solicitors

            The l stands for Luxemburg!

            https://all-about-debt.co.uk/forum/d...00#post1544400
            "..
            That being said, given you say there is a charging order; that would indicate either Lloyds, Link of Asset LC have previously obtained a county court judgment against you. Are you aware of that? If a judgment has been entered against you, you will not receive a response to any CCA request, or you will receive a response advising you that, owing to the judgment, they don't need to comply. So I wouldn't send a CCA request as it is likely not going to achieve anything except for your costs of postage to Luxembourg.
            .."

            4. Tesco personal loan
            Dated opened 14.07.17
            Balance at default 6,103 current 6,658
            Date last paid 07.19
            No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
            Status CC J charging order on property
            Current owner Intrum UK Lester Aldridge solicitor

            https://all-about-debt.co.uk/forum/d...ed#post1539265
            "..
            If you have received a letter of claim or a County Court Claim from Idem or they have obtained a default judgment against you, we can advise you how to proceed, or we can act for you. These claims can be defended and judgments set aside. Our view is that these companies, once they issue county court proceedings, must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts. We defend all cases vigorously with a near 100% success rate.
            .."

            Comment


            • #7
              Originally posted by Shell View Post
              1. write to CCJ debtors with unenforceable letter template
              would this put on hold any potential action with regard the Barclaycard?
              Do you have any real reason to send an unenforceable letter? If not, I wouldn't send one. It would require some investigation first. An affordability letter may be a better option.

              For doing an I&E budget, I would be inclined to use one of the sites for people with debt problems, as they may be more specifically designed for that purpose than MSE - although it is generally a very good website.

              As to further advice, my own experience with my local CAB when I needed help was not at all positive. The man who interviewed me had to keep on going off to ask his manager for advice, and it turned out that the manager was an ex bank manager, and definitely not on the side of, or sympathetic to, the debtor. Their national website may be better.
              Last edited by Still Waving; 23 January 2024, 14:34.

              Comment


              • #8
                Initial free consultation notwithstanding, I would suggest that the OP is not in a position to engage a solicitor.

                Comment


                • #9
                  Originally posted by Still Waving View Post
                  Initial free consultation notwithstanding, I would suggest that the OP is not in a position to engage a solicitor.
                  Status CC J charging order on property *please see notes below re property

                  2. Halifax credit card
                  Opened Oct 2015
                  Balance default 7,06209 current 9,454.83 (8% interest)
                  Last payment date 15.07.19
                  No arrangement last contact from me Oct 19 advised I had left due to domestic abuse and updated address
                  Status CC J charging order on property *please see notes below re property
                  Account owner LC Asset 1 S.a.r.l. Kearns solicitors

                  Property ex resides in family home long term alcoholic fought repossession outstanding mortgage paid by unexpected inheritance only owed 20k seemed the sensible thing to do, after legal advice lack of capacity and costs involved in the ‘TOLATA’ process I've privately rented genuinely had to leave ex actively suicidal on several occasions over several years House now almost uninhabitable no flushing toilet wet rot dry rot roof severely damaged. Every agency I cant think of contacted SS, Doctor, alcohol services etc
                  I'm currently managing benefit money of exes and on social services referral explained how my mental health cant cope as still receiving abuse from said but no-one appears to be able to help

                  Whether legal Aid or otherwise is available I don't know but notice interest (8 % is being added)
                  It may be that Bankruptcy is an option either way legal advice is needed!

                  Comment


                  • #10
                    Originally posted by Roger View Post



                    Whether legal Aid or otherwise is available I don't know but notice interest (8 % is being added)
                    It may be that Bankruptcy is an option either way legal advice is needed!
                    Sadly due to the swinging cuts over recent years there is no legal aid for basic debt cases but there may be for housing issues. Not many solicitors take legal aid anymore I am afraid and the bar is really quite low for qualifying .

                    If you are considering BR then it is not legal advice you need bu qualified financial advice such as CAB or National Debt Line

                    Comment


                    • #11
                      In the old days Citizen's Advice Bureau was very good.
                      But you can talk to @JCS the first consultation is free and they will be uptodate with current Advice which is really what you need!

                      Comment


                      • #12
                        Roger
                        Are you being deliberately stupid ?

                        The solicitors can give legal advice but are not qualified to give debt advice. If they give debt advice, both you, they and the forum could get into trouble.

                        According to shelter , if there a possession proceedings lawyer can help under legal aid.

                        Comment


                        • #13
                          The OP has had a range of opinions here.

                          They are not served by further argument.

                          Comment


                          • #14
                            Originally posted by Still Waving View Post
                            The OP has had a range of opinions here.

                            They are not served by further argument.
                            Absolutely agree but the OP needs to know that the solicitors mentioned here are not regulated to give financial advice. For financial advice you need a qualified debt advisor such as CAB or NDL. Yes I know CAB can be a bit hit and miss depending on where you live but they do have debt advisors.

                            Comment


                            • #15
                              You've already mentioned that. Now just stop.

                              Comment

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