Hi there.

I joined here way back in 2010 and never posted because, at the time, I just couldn't get my head around what I needed to do and couldn't articulate the help I needed and I ended up just making monthly payments to APEX (on behalf of an EGG credit card debt of a former partner but it was in my name so my debt of course.)

The general gist is this...and I apologise for any vagueness,

I lost a lot of paperwork a few years ago so some is off memory and also the reason I caved in a few years ago was the fact that I was suffering from mental health problems (depression and anxiety bought on by that former partner...she intentionally got herself pregnant

- as in stopped taking the pill on purpose according to her mother

- when she twigged I might be leaving her then threatened to have an abortion when I did signal my intention to leave her a few months later..

.she had the child anyway then left it unattended in a hotel room in cardiff while she went on a bender and it got taken into care and I've never had contact with him...there's a Jeremy Kyle show right there! :

( but it really affected me as my parents weren't there for me and I;ve never really recovered...still suffering from depression and on new round of medication and therapy sessions at moment yep 8 years later)

The EGG debt was something like £8000 ish.

I agreed to pay £35 a month to APEX as that's the maximum I could afford because I wasn't working.

They froze interest because I provided proof I wasn't working and of my mental health issues.

I have paid that £35 a month religiously on an APEX payment card at the PO since and the debt has reduced accordingly.

Had the odd letter from them asking if I was able to pay more which I couldn't and maybe a phone call a week (which I eventually started ignoring) asking same.

FFWD to middle of May

I got a letter from CABOT (APEX in disguise or the next desk along?) saying the debt was now with them,

you previously had a repayment plan (didnt mention details) but not to worry keep on paying what I was paying.

It didn't mention a new payment card or anything so I didn't pay May's payment to APEX as I was unsure if it would be a wasted payment (if that makes sense) so last one was 16th April (IIRC).

I can't put my hand on the CABOT letter right now but that was the gist,

I then had another letter from them on 22nd May (maybe a fortnight later than first one tops) saying

"thank you for the payments to your account, we think you might be better off with a payment plan as you haven't got one" etc etc

I genuinely don't know what to do.

It's nearly a month later and I've gone to write to them so many times

(my home phone plug is constantly pulled out, I just don't talk to people I've become a hermit the last few years

) offering the £35 again

(really is maximum I can afford out of the ESA I get)

and then I see mentions of the 3 letter steps and similar.

I'm not stupid or thick but I need some help (and maybe a slight bit of hand holding initially) to know the best course of action.

I have had and have other debts (which if possible I'd rather not get into) but none of them have got to that stage (being turned over to someone like APEX), a store card and credit I have that I don't use anymore I pay off with the rest of my ESA,

I barely eat Ive got no appetite so most goes on servicing debts at moment.

..rightly or wrongly it does and If i do get back to work that's something I have to look at but at the moment my concern is CABOT

Part of me wants to stand up to these DCAs (are they?) and do the three letter thing

part of me is so broken and compounded with stress and anxiety from what's gone on/going on personally.

..I just want to not have to worry about letters through the post threatening x, y or z and knowing which ones to ignore and which ones to action and how.

Does any of that make sense?

I'm sorry to be a pain and not as precise as I'd like. I'd love to be THAT person who knows the course of action they'd like to take and sticks the course but I'm such a mess (and have been for a few years) I just don't know what to do

I don't know the proceedures and don't know if I've got the concentration and strength to follow something like the 3 letter thing through, I sound like a pity party now...sorry.

Hi paperclip1968

I have created your own thread on this..please continue to post here to your thread.

Regards

Andy

Send cabot a cca request

I followed the template on this site and sent them the CCA request and a £1 postal order

theyve sent a letter back stating they cannot provide the CCA and the debt is therefore not enforceable and the account is now on hold.

However they are still claiming it still legally exists and will be in touch if the CCA is provided to them!

It then goes on to say that the debt is still payable and I should contact their "sensitive accounts department" to come to some arrangement.

Oh also they returned the PO saying they couldnt cash it as it says "do not write below this line" on the PO from the post office but underneath it is the serial number of the PO?

Does that matter that theyve not cashed it and returned it?

Thoughts?

thanks

both to your advantage

now ignore them till they comply

they comply as in they find and provide the original agreement you mean?

The cashing or not of the PO makes no odds?

Also will they be adding interest onto this? Or can't they if it's on hold?

AND (sorry!) if they do happen across the agreement and demand I start paying again, does asking for the CCA and not paying for x amount of time prejudice any future repayment/interest freeze? Just given my circumstances outlined in Original post, worries me.

seems like you need to get reading around paperclip

you seem to be falling for their powerless threat-o-grams

until they comply with you CCA request you ignore them.

a DCA is NOT A BAILIFF

and have

ZERO legal powers

Like I said, I've been suffering from severe anxiety and depression and the more I read the more befuddled I get :

( So I'm sorry if it feels like I'm not making the effort and just taking the easy route

(just asking on here rather than searching)

but my mind is mush at the moment...sorry.

I'm not used to dealing with things like this, this just got out of hand and I'm out of my depth.

I just wanted know answers to these questions

1. They can't now keep adding interest if the account's on hold

2. They aren't baliffs OK I understand that now.

That won't stop them trying to visit my house though if I dont make payments I assume

Like I said my mental health is to bad.

The only reason I mooted approaching them with some sort of offer of repayment was to avoid "hiding behind the sofa" if they continually come calling

3. Can it be turned over to baliffs from them? Or no because its a credit card debt?

4. I can safely ignore everything from them unless they produce the original agreement?

If they pass this onto yet another firm instead,

I need to write another CCA request letter to them I take it?

thanks! and sorry again

Like I said, I've been suffering from severe anxiety and depression and the more I read the more befuddled I get :

( So I'm sorry if it feels like I'm not making the effort and just taking the easy route

(just asking on here rather than searching)

but my mind is mush at the moment...sorry.

 

I'm not used to dealing with things like this, this just got out of hand and I'm out of my depth.

 

I just wanted know answers to these questions

 

1. They can't now keep adding interest if the account's on hold - they never could anyway

 

2. They aren't baliffs OK I understand that now.

That won't stop them trying to visit my house though if I dont make payments I assume - dirty mac brigade totally powerless - leave my property else i'll call police 101...you never ever talk about your debts over the phone or at your door to anyone..let alone a powerless DCA.

 

Like I said my mental health is to bad.

 

The only reason I mooted approaching them with some sort of offer of repayment was to avoid "hiding behind the sofa" if they continually come calling - they wont.

 

3. Can it be turned over to baliffs from them? Or no because its a credit card debt? - no debt can just be 'turned over to bailiffs' - unless they raise a court claim, you lose [fat chance without a CCA], you fail to pay if you lose within 28days.

 

4. I can safely ignore everything from them unless they produce the original agreement? - correct

 

If they pass this onto yet another firm instead,

I need to write another CCA request letter to them I take it? - nope you ignore as above

 

thanks! and sorry again

wise up!!