Will do DX, thanks for all the support, really appreciated.

Hi dx100uk No not really green just been through a lot last 15 years mate which I cant go into. They've written again and are asking about my circumstances and for me to call them to discuss. I wrote them an email asking for a SAR and the CCA for all debts, they replied saying that they require proof for the sars i.e driving license etc, am I ok to send these if they have address and signature? also I asked them to correspond solely by email but they are still writing. Ive now spoken to my sister and it seems she is paying Westcott and BS twice, but the debts were sold years ago to these so do they really have a case? Cheers Mav

Ok thanks DX, I will go with what you think is best. Just worrying about bailiffs, them trying to make debt secure, ccjs etc and the fact that I'm pretty skint at the moment...

Ok, starting to panic now lol. Nothing was ever agreed, my sister took control to alleviate stress mainly. The debt was first with Lloyd's at around 4,700, its changed since then to around 4,300. Lloyd's then sold to BLS. Then BLS sold to Cabot. I think Cabot are chasing credit card and loan, I asked for a CCA back in 2010 and they didn't have anything and replied in writing to say this something along the lines of we cannot retrieve a CCA but you're still held responsible for the debt and should pay it but we cannot enforce it in court. I'll try and get what I have and scan in next week was also going to possibly speak to debt line regarding statute barred. I'll have to sort SAR with Lloyd's too and possibly Cabot? Cheers Mav

Hi DX Do you mean as I was paying they've got me by the balls or do you mean I've wasted money by paying them? It was my sister who was paying them also by the way. I'll def scan as soon as I get then all cheers

I'm unsure what they have sent to my old address to be honest? They then basically phoned and since then I've had two letters. One which says my account has been passed to the sensitive care department regarding the 2k+ debt which I believe was the credit card and the other is a breakdown of payments made through the standing order for the 4k+ which I think was the overdraft. So possibly they are not chasing the loan, I did at the time ask them to please not add interest due tot my circumstances buy in all honesty I couldn't tell you if those figures are right or not. Ok just checked now And the second letter says Original lender Lloyd's Date the agreement became an executed agreement 27th August 2007 Account type unsecured loan Duration 60 months Amount of credit £0.00 Contractual payment £0.00 Date assigned 20th October 2012 Statement of account Following is a statement of your account covering 1st November 2017 to 1st October 2018 In this statement we give the date and duration of your agreement as provided in the agreement. Then it shows a list if the £1 payments On the back it says with headings Settling your credit agreement early Info etc etc Paying less than agreed sum Info etc etc Dispute resolution Info etc etc More information Info etc etc Contacting Cabot Info etc etc Making a payment Info etc etc So are they telling me there made their own credit agreement?? Any help appreciated as I'm at a loss Thanks Mav

Hi dx, As always you are great at helping I appreciate it. What do you think my next step should be? They've asked me to get in touch, they are sending letters care of to my mothers and have said they are going to do a track and trace on me if I don't give them my current address. So far they haven't provided me with any CCA and seeing that nothing was in writing as far as I can remember regarding payment and that my sister was paying would this exclude me from the time period of being taken to court for ccjs or for them to attempt to change the debts to secured in court? Many thanks

Hi all, Any help would be greatly appreciated. Back in 2007 I took out a £5,000 loan at the same period I also had a £4,000 overdraft and £2,000 credit card. I owed approx, £9,500 Due to unfortunate circumstances I lost my job and was going through other issues too. I defaulted on all accounts and Lloyds sold the debts on to Caboot. I explained at the time my history of mental health I. E anxiety and depression and explained that I had no money whatsoever to pay for the debts. Due to my increasing anxiety at the time my sister was willing to pay a token fee on the debts and setup a standing order on her account and name. Caboot seemed to agree and that was that but nothing was ever signed or put in writing it was done over the phone. In the meantime I came on Cag for help and as always I had a great deal of support. I was told that I should let them threaten and rant and basically do nothing, I was also told to ask for my credit agreement in a letter, but do not sign. I did all of the above, following this Caboot replied saying on the £4k+ loan they could not find the agreement and could not take the matter to court but that the debt was still remaining and I had a duty to pay it or words to that affect. Hopefully i still have the letter. That was around 8 years ago. In the meantime I've had ups and downs, my sister has consistently paid the debts and I've not updated them of a change of address or anything like that. There are no ccjs on my accounts or anything like that either. My sister did explain to me that initially she was paying around £12 a month for each debt for the first few years then as the years went by she slowly decreased this until she was only paying £1. Then out of the blue I receive a phonecall on my mobile with a message to phone Caboot, where they had my number from God only knows. As you can imagine after being left quiet for 8 years this was a shock and out of the blue. they said that they were phoning as the standing orders were firstly going to Lloyd's then they were forwarding them on to them and if I could change the details etc. I was a little bit abrasive as I was in shock and said I didn't have any debts and that I had a letter back saying no credit agreement could be found, I also said that I hadn't been paying the debts for which she replied who is then and I said don't know hastily and she said that was fraud, she also said as they are being paid the statuary time limit was still ok even though they are debts from 2007, I then explained I think my sister is paying them for me. I told her I suffer from anxiety etc and she said she would pass me into the sensitive department team, I give her a careof address due to this. She then looked on the system and found the letter they had sent back in 2010 regarding the CCA and asked if I wanted this to be looked into regarding the other debt which in said yes please. This was around 2 weeks ago and they have given me 30 days to get back to them. I'm working myself up terrible, I had recently been working with my family as they started a small family restaurant and in turn this has helped me get back onto the property ladder, unfortunately after a massive falling out the restaurant has since closed , so in this moment in time I'm once again in limbo with my own kids and wife around me and debts. These companies almost seem to sense blood its weird, 3 years ago I was in a much healthier position in all ways. I dont know what I should really do next, I'm really sorry for being so long winded but I'm panicking for sure. I don't mind paying the £3 a month, I may be able to get £1,000 from my family if they agrees on a F&F settlement, obviously in an ideal world I would like them to just close the accounts and leave me be in this difficult time. Any help and suggestions greatly appreciated. Thank you very much Mav

Hi happyhippy, Thanks for the advise I can see exactly what you are talking about, I'm going to take your advise and just offer what I can afford and take it from there. I will keep you informed on how it goes. Thanks again for helping me with this. All the best Mav

Thanks for your reply happyhippy it is much appreciated, I don't own any property, I will as you say offer what I can afford and i've spoken to my parents who can stump up a few thousand to place as a lump sum whether they will be happy with that, thats upto them. I will be sending my I&E forms and evidence to back this up hopefully this week so they can see where i'm coming from. I have no assets car, house or savings, but at the same time I don't want them to send me to court just to make me bankrupt even though I'm not telling them that, thats why I'm trying to co-operate as best I can. What do you think the chances are they would take me to court?. Thanks for your help and advise Mav

bump Any help out there guys? Thanks Mav

Hi all, Any help would be much appreciated. Basically my wife and I have/had a property each, both of us had properties prior to getting married and we had sole names on the mortgage along with sole bank accounts and sole loans etc. A while back I handed back the keys to my property and the property sold for a lot less than the mortgage leaving a shortfall of around 40K+ but the valuation and sale seems correct. I now have the mortgage companies solicitors writing asking me to make a f&f settlement offer or monthly offer of the remaining amount, they have also included I & E forms for me to complete. My expenditure is around £50 to £100 over per month and I only get by due to help from my family and a large overdraft. My main concern is, there is around £30K of equity in my wifes property but I have never contributed to the mortgage or maintenance of the house due to these very reasons, I am currently living there though and they have contacted me at this address. My questions are as follows: 1. I am able to loan a few thousand from family as a f&f settlement offer, does anyone know how much I should start with as if the amount they required was too much I would prefer not to say anything to my parents or family as not to worry them. 2. Should I send them the income and expenditure form as I have nothing to hide with regards to this or should I just send a letter with an offer?. 3. Should I include a small monthly offer i.e £5 or £10 pcm even though I can't really afford it, my concern is if I don't they may take me to court and the thought of this is totally unbearable given my mental state at present, even if solely to declare myself bankrupt. 4. Could they bring my wifes property into the equation and if so would that mean they would say I would own half of the equity in the house so around £15K, does that mean they could force my wife to sell?. 5. If I did declare myself bankrupt again would my wifes property be looked at and sold?, we do have 3 young children. 6. Finally should I try a softly softly approach and be sincere i.e explain that we have had very difficult times even splitting for long periods and having financial difficulties, or should I basically keep it brief make a fair offer and if they get abusive basically tell them to make me bankrupt which I believe wouldnt make any sense as the judge could see that I cant possibly afford this debt. Thanks again All the best Mav

Thanks for a reply Intend, Yes thats what i will do monday, at least it shows i am co-operating so if it does have to goto court i can show that to the judge along with everything else. Thanks again Mav

Hi guys, Haven't been very well last few weeks so haven't managed much with regards to SAR etc, two days ago my wife whom i'm split with gave me a letter, its from Wescott, saying that they have made inquires and i do live at the address. I am at the moment living with my parents, but I have my name on the electoral register where my son and wife live, they have threatened court action and or door collection agency and wrote it as a final notice they have given me 10 days to reply. I have written this is it any good?. Dear Sir or Madam, Thank you for your letter dated the 21st of February 2011, this letter was handed to me on the 24th. 1. Your enquiries into myself living at *************** are wrong, I visit my son most days as I have always said and my name might be on the electoral register but since the split from my wife I do not reside there in future please send all correspondence to the above address where I am living temporarily. 2. I have never ignored your letters I have always contacted Lloyds or any debt collecting agency about my debts, I do this via letter, I have kept copies of everything I send. 3. I keep records of letters received and have also asked my estranged wife to keep an account of all the phone calls received which have harassed her, myself when I’m there and my 4 year old boy for approximately a year and a half. 4. As you are well aware I am unable to pay £4,360.15, I am not working and not in receipt of benefits at present my sisters and parents are totally supporting me. 5. Your attempt to threaten in your letter stating “FINAL NOTICE” legal action or door step visit are in breach of dealing with people with mental health guidelines, I am currently severely depressed and this has been well documented in past correspondence. 6. I have shown a repeated willingness to deal with my debts by offering a monthly payment of £10 which is all I can afford and also a fair final settlement of over 40% of the debt both have been declined and not even attempted to negotiate which in today’s climate of financial hardship you would think companies would be more understanding, I have been a member of LloydsTsb for over 16 years and have always paid my debts up until a series of unfortunate incidences. 7. I can explain this and document it to a judge along with threatening letters and harassment, should you feel the need to send someone to the address you have on file and I am there at the time, they will not be allowed on the premises and Police will be called for trespassing immediately. I am expressing a preference that all correspondence should be sent in writing this is due to my severe depression, any harassment either via letter or in person my family will hold your company responsible and liable for any subsequent actions I may take to myself due to the pressures and stresses your company are forcing on me. 8. Finally as you can imagine I do not enjoy being in this position and unfortunately the last 5 years have been extremely difficult I don’t in anyway expect a debt credit agency to be sympathetic but I would expect a business like approach to resolving this issue, my F&F offers were fair and I believed that I could finally move on from my debts, I had to almost beg family members to help they agreed and the offers were simply rejected. What do you think guys, im trying to be as honest as possible, or should I simply ignore?. Any help much appreciated Mav Any ideas guys?.

Thanks dx will do, wescot keep phoning, read a bit about them and really hate them and haven't even spoken to them. Wanted to ask a question and im pretty sure you guys would know my mum was in debt with one of her accounts, she has three accounts all together, her seperate account and two joint accounts with my dad, all accounts are with barclays. When on the internet my dad asked her to transfer £4K from one joint account into another, instead of clicking on the joint account she transferred it into her account which she was in debt and had been constantly charged heavily hence she just left it, once she had realized the error she quickly transferred the money from her account into the other joint account. The transfer showed but then the money was taken to offset her account, we have rang barclay card and complained to customer relations, CR are saying they are willing to put the money back providing my mother can show proof that it is my dads money. Problem is my mother constantly owes money to my dad as she always has a shortfall at the end of the month and she managed to rack around a £10K debt with dad. The 4K which was in the joint account was the remainder of my mums inheritance of £20K, around £17K of that was debts, i.e 10K dad, 4K my sister and 3 she owed my uncle. the remainder of the money has been spent by the two of them for bills etc, but what was left was £4K so technically my mum still owes dad 6K. question 1: Can the bank do this?, I appreciate they can offset if it was solely my mums account, but if it was done in error and both parties are stating that it is my dads money, also it showed that it technically got transferred twice as it showed in the joint account so doesnt that mean they actually took it out of a joint account and is this allowed, ironically the account they took it out of has been opened for nearly 20 years and was an old woolwich account hence the t&c's may not have offsetting in them, where as when it was in the new joint account they didnt touch the money??. My mother has been really stressed with this and its making her ill, she did want to settle her debt with barclays but they were so unreasonable with charges that she didnt get anywhere with them, plus the fact her father was dying of cancer meant that the account was last thing on her mind, we have rung FOS and Consumer direct, but both haven't really given full answers, my granddad did write a letter stating that part of the 20K was belonging to my dad, do you think this would suffice as evidence?. Thanks kindly for any help all the best Mav