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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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Debt, Mental Illness, PPI's and DMP help needed please


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Hello all, another Newbie here

 

I’ve read through a lot of posts on the forum and have sought advice from a friend who is very well versed in your work and efforts but I’m at a point where I want to start moving things forward and want to check out some things first with you all

 

my story is this, years and years of credit cards and loans, attempts to get us out of a mess previously just resulted in more loans to try to pay off existing debt etc., it seems to me from reading a lot of stories here that we’re not alone.

 

Husband and I were self-employed for a while, husband still is, me between 1995 and 2003. Credit was being thrown at us and very stupidly we took it.

 

I took a full time job which paid a lot less than my self-employment/contract work had paid (it was a necessity at the time) however this did not make it easy making payments on our debts.

 

Then in 2004 I had a period of 6 months illness that didn’t help followed in 2007 by a period of 2 years severe depression where I was admitted to a psychiatric hospital and diagnosed with bi polar disorder.

 

During this period my employer paid me full pay for 6 months and then I received a % of my salary through a company insurance policy.

 

I tried to make claims against credit card PPI but I’ll be honest, in my state of mind at the time and due to the fact that they kept sending form after form to complete and to take to my doctor I gave up.

 

One loan through my bank was easy to claim and I did actually receive payments from them for the full 2 year period I was absent from work.

 

As you can imagine this period put us on the back foot with trying to make headway into our debts and I was actually taken to court over an HP agreement on my car and now have a CCJ – though I’m hoping to have that paid off by the end of this year now.

 

Several of our credit cards are with Debt Collection Agencies and we do have informal agreements with some to pay a reduced amount each month and some have frozen interest.

 

We have an equity release loan on the house that will be paid off next year and a personal loan with the bank that will also be paid off next year.

 

I have been on the CC CS website and completed the information required and they have sent me a debt remedy plan, though I intend on making the agreements with CC companies myself rather than signing up to a dmp.

 

A lot of the things I have done over the last couple of days (CC CS etc.) are as a result of reading these forums.

 

I’m really just looking for advice on what else I can do. I want to try to claim some of the PPI’s back

– especially my husbands as he is still self-employed but that debt is now with a DCA

– are we still in a position to do this?

 

I need to reduce my outgoings too as my husband’s self-employment has taken a hit during the last 12 months hence my plan to write to all the people we owe to try and make some arrangements.

 

Not sure what else to say at the moment I’m sure other questions will pop into my head I just needed to get it all out and look to you guys for some advice, from what I’ve seen so far you certainly must know how I feel.

 

Btw if I’d written this yesterday it would have been a blur of tears and panic but having spent the day looking through the forums I realise that the light at the end of the tunnel may well not be an oncoming train as I had once believed J Although I did phone in work sick yesterday and have said I need a few days...

 

I'm trying to fight against this within myself because I know the worst case scenario..

 

Thanks in advance for any help and assistance you might offer x

Edited by dx100uk
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Hi and welcome to our little club of hundreds of thousands of members!

 

There are better people than me on here who will give you good advice about specific things but I will propose a strategy for you to consider which is as follows:

 

1. Do a personal income and expenditure statement. On the outgoing side the following are in order of priority:

 

a. Mortgage/rent

b. Council Tax

c. Utilities

d. Food and clothing

e. transport

f. Everything else

 

What is left is the total amount you have available on a monthly basis to repay your creditors.

 

2. Make a complete list of all your creditors and the amounts they are owed/monthly repayments required. It is unlikley the amount you have to pay them is sufficient to pay them so divide up what you have fairly between each creditor. This is the maximum amount you can pay each creditor.

 

3. If you want to challenge the enforceability of individual debts it is probably best to start a new thread for each creditor. Name each Neeta v Natwest, Neeta v Capital One or whatever so that we can follow individual cases and know it is you. The rule should be one creditor per thread.

 

4. Hopefully each thread will be picked up by one or more CAGers who will advise you what to do to challenge, reduce or otherwise manage the debt. To make life easier post the following information: Name of institution, type of agreement, amount, frequency of payments PPI included, Date started, date of last payment, any legal situations, any DCA's involved etc.

 

If it was me I would challenge each debt and refuse to pay anything unless they could provide written proof of their right to collect it. If they can I would then make them the offer of payment as previously calculated. Obviously challenge anything with PPI on it.

 

Also, at no time should you accept or make phone calls. Written comms only. Don't engage in useless letter writing for its own sake. Keep all correspondence received AND THE ENVELOPES and file everything. Never sign anything.

 

Get ready for war. Organise all your correspondence in files by individual creditor in chronological order. Depending on the creditor and other factors you may sometimes experience some unpleasant situations. This potentially includes multiple DCA's, harassing behavior and other things designed to scare you/intimidate you. Don't be scared. If anything arrives/happens that concerns you post it up on the thread and people will advise you.

 

Good Luck

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Also if you have incurred penalty charges on your credit cards over the last six years or longer, you can claim back all your charges with contractual interest.

You need to send each credit card company a SAR request with £10, they will send you statements. Template letters and spreadsheets can be found on this site.

 

You've come to the right place as comebackjimmy says,

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Hey thanks guys!

 

comebackjimmy - I've completed 1) income and expenditure and 2) list of all creditors and what we owe.

 

Im not sure about 3) I know I owe them money and I want to get it paid off as soon as possible without p'ing them off with me, whats the usual process with doing this? Agree the repayment and start paying then ask them for the CCA?

 

Rebel11 - I most certainly have had a shedload of charges over the years - Im looking at an amex statement now with a £25 returned payment fee and a £25 late payment fee on it, I've used the template for SAR but I'll have to send one a week (ish) since it's going to cost me £10 a shot.

 

In the meantime and while Im getting myself organised should I continue trying to pay the agreements and minimum amounts that I am doing? One of the 'agreements' is for £250 a month on a CC debt while another is only £50....

I dont want to get in any more trouble than I already am, I get phonecall after phonecall so I dont answer the phone (then my mum gets mad that she can't get hold of me lol) plus letters saying they are going to put attachements of the debt onto our property? (not exactly sure of the wording but they included the land registry documents in the envelope)

 

So......Deep breath and get organised? Folder for each creditor with any documents that I have got (I've thrown a lot away because I couldnt bear to look at them -burying head has stopped now I promise) then I'll check back here for more information and advice? Just having you guys with me is helping

Thanks so much x

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If it was me and I had decided to challenge the amounts I would start with the CCA request. After the mandatory time for reply had expired (which I believe is 12+2 days but hopefully another CAGer will confirm) most of them would not have replied and you could legally withhold payments anyway until they did.

 

So your first action should logically be to get the CCA requests off. Send postal orders for £1 to each creditor and DO NOT SIGN the request, and send each by recorded delivery.

 

Between now and the next 12+2 days you are theoretically obliged to continue to pay them. Therefore your pay plan comes into action and if any payments are due before the 12+2 days expires then write them a simple letter saying you can only afford £X and pay that amount.

 

(By the way cancel any direct debits. Pay either by standing order, card over the phone or cheque/po in the post. A DD allows them to help themselves to any amount they like and they will try and take what they want, not what you offer).

 

A word about the debt collection practices.

 

a. Use the phone harassment template letters on here and send one to each creditor. Some of them will take notice and stop calling you.

 

b. The credit control letters you get are largely harmless but can be worrying if you dont know your rights, the law and the practicalities of collection. For example before they can get a charging order on your property they must first get a County Court Judgement, which they may find hard to do without the proper paperwork etc, as you will discover as we move on. If they get a CCJ you will then owe them the money but you can get the court to set a monthly repayment figure. Only if you then fail to stick to that repayment figure will they then be able to apply for a charging order. The fact they put the documents in the envelope is just a psychological ploy.

 

If it was me and they have included a self addressed envelope find something to send back to them (Couple of pages of a magazine or something) and post that off. It is a small thing but they will have to pay the postage and take the time to open the letter on arrival so you will have the satisfaction of wasting some of their time and money! It feels good to fight back!

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Have to agree with Jimmy, you can still send the SAR requests, send them at your own pace. Start with the ones which are going to impact the arrears. It's not a race, it's about control and empowerment.

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Thanks so much you guys, you're giving me strength like you wouldn't believe. Im just getting myself organised and ready to do battle.

 

Sandbags at the ready ..... will update again tomorrow xx

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Neeta it just occurred to me that you mention they put some Charging order documents in the post. Would you please remove any personal details and post them up here.

 

The reason I am asking is that if they are using official court documents in circumstances where they know full well they cannot get a charging order that may well be against official debt collection guidance. You could start a complaint, but we need to see the docs first. I would not mind betting these so called docs are just so much cobblers.

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Neeta

 

Also something for the future, these creditors can be a nuisance, the phone calls can be relentless, theres a nuisance blocker called 'Truecall'

it's available for about £80. It will block calls from debt collection departments, but will allow your mother's and friends calls through. I've just got one, I should have got it months ago.

 

http://consumeractiongroup.co.uk/reviews/read-a-review/71-telephone-recorders-reviews/524-truecall-digital-telephone-recorder-

 

Good stuff Jimmy.

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Still trying to get myself organised with folders and a spreadsheet with a list of creditors and columns with my actions taken so far with each of them.

 

Further bit of advice please...

 

Say for example I have been getting the harrassing phone calls and I want the CCA ad I want to make an offer of reduced payment all from the same company... would you send the letters to that company all at the same time ? (I dont mean in the same envelope particularly) but what would you do?

 

Thanks again guys so good to know you're here x

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Neeta

 

Any chance you could do this as jimmy could advice you further.

 

Neeta it just occurred to me that you mention they put some Charging order documents in the post. Would you please remove any personal details and post them up here.

 

The reason I am asking is that if they are using official court documents in circumstances where they know full well they cannot get a charging order that may well be against official debt collection guidance. You could start a complaint, but we need to see the docs first. I would not mind betting these so called docs are just so much cobblers.

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I would respectfully disagree with rebel on the subject of same or separate envelopes.

 

If it was me I would send each communication in a separate envelope with separate recorded delivery (making sure I knew which topic was covered by which recorded delivery slip). My reasons are as follows:

 

1. It may be that they comply with certain requests and not others. From a management point of view it is better that you can handle each part of your correspondence separately. If you subsequently have to complain about a non-response or they deny receiving something if you use a separate recorded delivery they cannot come back with shenanigans such as we received a. not b.

 

2. It can work to your advantage to send separate letters as sometimes these go to separate people resulting in different/conflicting information being turning up/returned to you. This is great because you can point out their contradictions and put them on the back foot or save potentially damaging items for a rainy day.

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Thanks Jimmy I understand what you're saying, I'm fine with separate envelopes/recorded deliveries etc it was just really the question of sending them at the same time (feel like Im bombarding them) there again I suppose I have to get out of the mentality that I'm in the wrong, it's ok for them to bombard me so therefore it's ok for me to do the same back right?

 

Thanks guys x

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Good points Jimmy, I'm looking at it from a costs point. The way these

companies act, the shenanigans are there to stay.

 

I would respectfully disagree with rebel on the subject of same or separate envelopes.

 

If it was me I would send each communication in a separate envelope with separate recorded delivery (making sure I knew which topic was covered by which recorded delivery slip). My reasons are as follows:

 

1. It may be that they comply with certain requests and not others. From a management point of view it is better that you can handle each part of your correspondence separately. If you subsequently have to complain about a non-response or they deny receiving something if you use a separate recorded delivery they cannot come back with shenanigans such as we received a. not b.

 

2. It can work to your advantage to send separate letters as sometimes these go to separate people resulting in different/conflicting information being turning up/returned to you. This is great because you can point out their contradictions and put them on the back foot or save potentially damaging items for a rainy day.

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  • 8 years later...

Thanks to this forum I sorted out my finances some years ago and arranged regular payments without interest with all of our creditors. I have kept up the payments, however 4 years ago we found ourselves in more financial problems when my husband lost his job.

 

At that point we re-calculated our outgoings and offered lower payments to them all. Seven of the companies accepted this with no problem, one of them where we had 2 accounts argued back and forth, contacting us by phone and asking us for income & expenses which I refused as we had used StepChange to work out an affordable amount and felt it was an intrusion and unecessary.

 

As I said, all of the other creditors accepted and from my records I believed that Moorgate (as it was then) had accepted our new offer on one of the accounts. I pointed this out to them in a further letter and had no response. (though I can't find that letter where they said they accepted it I had referred to it in one of my responses which is why I believe that to be the case)

 

We continued with the lower payments and have never missed one but recently my husband had reason to check his credit account and noticed that both the accounts were showing as defaulted since 2014.

 

The debts have now been moved to another DCA - IDEM Servicing. I have contacted them several times asking for the default to be removed, sent them copies of the letters I had sent originally to Moorgate and today I have received a letter stating the Defaults have been applied correctly and that if we don't provide an Income & Expenditure form (enclosed - no it wasn't) it 'may result in further collections activity'

 

I'd be grateful if someone could help, has anyone been in this position and how did you deal with it? I'm not trying to get a great credit rating again, I know that will never happen and that's fine but actually this could have been the cause of my husband not getting clearance for a job he applied for.

 

I haven't had to send income & expenditure to any of the other DCAs so really don't want to have to do it for this, it's none of their business I'm doing all I can.

 

Thanks in advance.

Edited by Andyorch
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Stop talking to DCA's for a start. They dont care about you and if you go communicating with them, theyll mark you as gullible.

 

The fact you have willingly and without question paid them over the years puts pound signs in their eyes.

 

Have you ever CCA'd them? Whats the debt all about?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for your reply

 

The debts are all credit card, I sent CCAs and SARs originally, reclaimed PPI where I could and used that to pay off some of our debt.

 

To be honest since I originally set all the repayment plans up most of them have gone to DCA. Are you suggesting that I should send each DCA a CCA now? I have no problem in repaying the debts, I know we borrowed the money (stupidly I accept that) and we have always intended to repay it. It's difficult at times but I suffer with extreme anxiety and depression and being 'in control' of finances is key to keeping me on track.

 

I never accept a phone call from them and only correspond in writing and in honesty it's been very quiet for a long time, I pay, they send me a statement no hassle. It was just when this came up last year that things have started to get a bit hairy again.

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Whether they agreed or not at the time you still defaulted on the amount you were originally contracted to pay so I cannot see that you have any chance of getting the default removed. Just be grateful that the other Companies decided not to go down that rote as well.

 

Renegadeimp is right though in asking if you have ever sent a CCA to Moorgate and indeed all the others too. I don't think Stepchange does that as it might reduce the payments you would be making to your creditors and thus reduce the income to Stepchange from you.

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What were the responses from the DCA's? The fact theyve been sold a few times is very telling and they have you marked. They dont hassle you because youre blindly and willingly paying them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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When I sent the CCA & SAR originally I received back copies of the Credit Agreements along with piles of statements and records of transactions/calls etc, which is why I arranged the repayments.

 

I accept you're saying I'm stupid to continue to pay but can you tell me what you would suggest?

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But were they fully COMPLIANT. Many dca's send a bunch of stuff and say its compliant, and because the debtor is overwhelmed with info, they just shrug and say ok.

 

Youve got a new DCA chasing you. Dont communicate at all. Send them a CCA request and then ignore everything but a fully compliant agreement or a Letter of claim. Remember, its been passed around multiple DCA's. Theres something not right with it.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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