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Cristal

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Everything posted by Cristal

  1. FYI - I have a substantial debt w/Debenhams and am being pursued by Viking. I CCA'd them and also told them to stop harassing me on the phone. The calls have stopped and they don't have much more time to respond before the 12 day deadline. I'll keep you posted!
  2. Hmmmm...MIB make me twitchy.....I presume that's where PMs come in? I am now conscious that TMI in precision may reveal one's ID. Is it possible to change to another moniker? Had another missive from Newman today. A crummy envelope containing copies of statements, some of which have not even been sent to me by Amex. With a compliment slip! I assume this is their amateur attempt to satisfy the CCA. I've checked out the S85 thread. Fascinating. And, apparently, so simple. An elegant solution to illegally compounding debt. Am also partial to the adventures and inspirational victories of 'Battleaxe'.
  3. Again, thanks for your good advice. I particularly like your psychology of reminding DCAs and creditors of deadlines in order to be shuffled to the bottom of the pile. V. clever! what does MIB stand for? Checked out Surlybonds....yes, hilariously anarchic and effective! Think his CRA thread or post or whatever they're called could be 'Development', datedd 15/9/06. Will let you know how things progress. Or, hopefully, don't. I, too, have MANY and BIGGER fish to fry. Exhausting.
  4. Ah...clearly your PC revived!! Thanks for the incredibly coherent tutorial. I am an eager student and you have explained your strategy (philosophy?) v. succinctly. I get it. And intend to subscribe to it. What a loophole! Thanks for detailng the chronology of the CCAs and SARs. Just need confirmation on what is potentially recoupable re 'Consolidation' - all monies paid to the creditor from the beginning of the alleged agreement? Or just from the point in time when I make them aware of the absence of a legal, binding and executed signed agreement? I'm probably getting ahead of myself! One step at a time..... So, if the DCAs refer the debt back to the creditor, I start over again with a CCA? I am assuming you have had success without actually having to go to court? Am v.intrigued by Section 85.....another bombshell in the consumer's favor? And by any thread re credit agencies - another disaster zone for the consumer. If you don't conform to their rigid definitions, your credit is potentially ruined. Again, thank you for a fascinating and informative reply.....you are v. generous with your knowledge!
  5. From ZUBO: My pleasure. I have yet to see an executed agreement. There is a very very long terrific thread which discusses this in detail. It looks very much like there are many Credit Card companies who havent a clue as to their obligations under CCA. CCA imho is likely to have a bigger impact than bank penalties. Anyway, down to business - I'm running out of time and need to get to work: The CCA request is exactly that a request under S78? need to check, of the CCA. There are no statements involved at all. You should have sent £1, if they fail to supply in 12 days they are in default, 30 days they are committing a criminal offence. The S.A.R - (Subject Access Request) - now send £10 - see the template section for letter details. send it recorded. Timescales - they must supply in 40 days. Copy both Amex and Newmans, chill out, get a bottle of wine, read the long thread. Dont worry about the contionous debate re detail of CCA - a healthy debate sharpens all our minds. There is another thread re Experian etc which is unbelievably excellent, I'll dig it out when I have time.... get your letters out!! Hi Zubo - Sorry I don't know how to 'quote' and I'm really not sure of the etiquette on threads, etc....the more threads I read, the less I seem to know. I think I've grasped a concept and then it slips away again! I did send (registered post) a stiff letter to Newmans today, pointing out their 'mistake' in sending me my Amex application form and not a signed, executed agreement. I am trying to get my head around CCAs, SARs and DSARS and the chronology of sending these letters and to whom (for the record, I have CCA'd Eversheds, 1st Credit, Direct Legal/Hillesden Securities, Triton, Viking and, my favorite, Newman). Tho I've read a lot about SARs, they seem to be more useful when claiming back illegal charges but I assume they will also act as a delay with debt collection? Sorry to be boring, but for clarity's sake - does the sequence go like this: 1. Send a CCA, wait the 12 working days for reply and hope they don't provide the correct documents they are legally bound to (do I write and tell them they've defaulted?) 2. Once that 12 day period expires, I then send an SAR (w/£10) to the orginal creditor? or the DCA? and wait 40 business days for them to comply. If they fail to.....what happens next is....a variable? Seems like it either goes to court or the debt is written off and your credit file is amended? How incriminating are the letters I wrote to creditors last year, admitting the debt and offering to pay X amount until I can resume normal payments? I'm also battling w/Northern Rock and their solicitors Wallers on a secured loan who want to put a lien on the property, but I guess I should stick to the thread (I think) I started? Sorry I'm not more familiar with how things work here.....and, as ever, endless thanks for all your help. It is incredibly confidence building.....
  6. Thank you, Gizmo 111. I will fight to the bitter end. I am an MD and, if bankrupt, would lose that position - among other problems that bankruptcy brings. I know it is as not as appealing as the media make it out to be. And, yes, your advice is invaluable. CX
  7. Stornoway, thank you and will do. 'Zubo' has also made some good recommendations. Again, huge thanks for your input.
  8. But it is entirely possible that I will soon be in a position to maintain the debt. i know it's not ideal, but I prefer to deter bankruptcy rather than embrace it. But I acknowledge it may be inevitable.
  9. thank you so much.......'Zubo' has also been helpful on another thread. I will send a SAR, presumably to Newman...or do you suggest Amex instead? Newman are just the pits......I'm sure those without backup and support could be tipped into a scary psychological state because of their brutal and relenteless harassment. again, many, many thanks!
  10. PS Just to clarify....i missed a few payments after Amex withdrew my card, not before!
  11. Zubo!! huge thanks for your advice. It is, indeed, a signed application form with a bar code in the upper left hand corner. What does an executed agreement look like? Hopefully, you have yet to see one! I've looked at your Amex thread - they did the same to me. I had a perfect payment history with them and then they cancelled my card out of the blue. So, I will write back to (revolting) Newmans as you suggested. Presumably, in addition to an 'executed' signed agreement they also need to provide me with statements, etc.? I will also send an SAR letter to them. Should I also point out to Experian and Equifax that this account is in dispute? Is it important to cc Amex on these letters? I cannot tell you how FABULOUS your reply has been...will keep you posted. It's amazing that Amex associates itself with slimedevils like Newman. Again, huge thanks for your input.
  12. Yes, I agree about the stress but this is my home and my office. And am emotionally attached. The mortgage and secured loans are not up to date but I am in constant contact with both. They are only now starting to make noises. Am desperately trying to stop liens on the property but staying here vs. renting? Might as well pay the 'rent' here. I think? I do not have a steady income, but it arrives in 'bunches'. I cannot predict when the next 'bunch' will arrive. I would be willing to take out a loan to bridge myself until then, but think it is unlikely I could find one with my credit rating. I would hate to go bankrupt, lose my home and then find, a month or two later, that it was avoidable. So, I intend to do whatever it takes to postpone and hopefully avoid it. Thank you soooo much for your help!
  13. PS Sorry, gizmo111 - No Rock isn't counterclaiming, just claiming agaisnt me.
  14. There is no quity left in my property but I am desperate to stay here (it's been my home for 25 years). I have about £125,000 in unsecured debt, mortgage of £505,000 and a secured loan of about £95,000. I'm definitely teetering on the edge but my circumstances could improve at any time. So - paying off my debts in the short term is unlikely, but I may be in a position soon to resume monthly payments. I am determined to stave off bankruptcy if possible. Terribly stressful!! thanks for your interest!
  15. Again, not sure if I'm doing this right! Got a crummy reply from Wallers. It goes on validating its delayed posting of the original letter to me, etc. You would think something this important would be send by registered post! Their client is willing to 'at least consider firm proposals to compromise the litigation' but they are unlikely to accept anything less than a 'susbstantial reduction in arrears' and ongoing payments of the original agreed monthly payments. 'The purpose of this litigation is to charge your property with the value of the outstanding loan by a charging order'. They also criticise 'the unfortunate tenor you have adopted'! I have until March 9th to file my Defence. So, should I still send them an SAR? Or attempt to negotiate directly with them? STORNOWAY had a similar experience - did you see his/her posts to me? Also - again sorry if this is the wrong place for this (I've also posted the below post on a Newman Debt Collection Agents thread): I'm in an awful situation w/Newmans. My original debt was w/Amex for £13,125. Ii missed a few payments and it was really quickly turned over to Newman in December. They've added a £2,362 collection fee!!! And harrassed me over the phone in the most abusive and terrifying way. I paid them £500. Then I found this site!! I sent them a CCA, which unfortunately they've complied with! Newman sent a copy of the orignal agreement (but no statements, as requested) but credited the £1 postal order on my account. Newman also enlcosed a copy of a letter I wrote to Amex in Nov 2006, stating I was experiencing financial difficulties, hoped it was a financial 'blip' and offered £20 per month in the hope that things would stabilise in January. Maybe it was stupid to write the letter but it seemed like a god idea at the time. Anyway, their letter today says I've never queried the debt in any telephone conversations with them, I've informed them of my efforts to raise money to clear the debt (I have tried to get a loan but as one of Newman's henchmen pointed on, my credit is terrible and I'll never get it). They claim I am merely delaying repayment of the debt. To avoid further action, they require a payment of £765 this month and every month hereafter. They have promised to stop calling and have. So, what to do now? Clearly I can't aford £765 a month. Do they have to provide me with statements to comply with the CCA? Is there any point in sending a SAR letter? They were horrid and threatening in their calls to me. Is there any mileage in the fact that they are incorrectly registered at Companies House? Can this be reported to OFT? If none of the above helps, should I appeal to Amex to intervene? They are disgusting! Thanking you in adavance and huge apologies for the density of this post!
  16. Hiya - I'm sort of new to this and started a thread re Northern Rock/Wallers vs Me last week - so I hope it's okay to jump threads? But I'm in an awful situation w/Newmans. My original debt was w/Amex for £13,125. Ii missed a few payments and it was really quickly turned over to Newman in December. They've added a £2,362 collection fee!!! And harrassed me over the phone in the most abusive and terrifying way. I paid them £500. Then I found this site!! I sent them a CCA, which unfortunately they've complied with! Newman sent a copy of the orignal agreement (but no statements, as requested) but credited the £1 postal order on my account. Newman also enlcosed a copy of a letter I wrote to Amex in Nov 2006, stating I was experiencing financial difficulties, hoped it was a financial 'blip' and offered £20 per month in the hope that things would stabilise in January. Maybe it was stupid to write the letter but it seemed like a god idea at the time. Anyway, their letter today says I've never queried the debt in any telephone conversations with them, I've informed them of my efforts to raise money to clear the debt (I have tried to get a loan but as one of Newman's henchmen pointed on, my credit is terrible and I'll never get it). They claim I am merely delaying repayment of the debt. To avoid further action, they require a payment of £765 this month and every month hereafter. They have promised to stop calling and have. So, what to do now? Clearly I can't aford £765 a month. Do they have to provide me with statements to comply with the CCA? Is there any point in sending a SAR letter? They were horrid and threatening in their calls to me. Is there any mileage in the fact that they are incorrectly registered at Companies House? Can this be reported to OFT? If none of the above helps, should I appeal to Amex to intervene? They are disgusting!
  17. V. reassuring to know you've been thru this and come out the other side. Will keep you posted! Thanks so much for your support.
  18. Thanks! My mortgage is with the Halifax but maybe I could suggest a secured loan situation - i just don't want to get into a situation where there's a lien/CCJ and huge interest accruing at the same time. Your story certainly helps and I fully intend to persevere! Again, your experience is invaluable!
  19. Yikes!!! Thanks for your post!! I had a feeling No Rock would be impossible. Did you communicate with NR directly or with Wallers? I am going to go down the route suggested by Lookinforinfo - an SAR, etc. Did you do any of that? I'm terrified of NR putting a lien on the property. Again, many thanks for your input.
  20. A GAZILLION thanks.....will keep you posted. By the way, the CCA letters to the various debt collectors seemed to have stopped the phone calls. the few calls that have come thru since the letters (which stipulate all contact must be in writing) have been welcomed by me saying 'I'm recording this call' - at which point THEY hang up on ME! V. rewarding. If pushed, I tell them I'm reporting them to the police for harassment - which also prompts them to hang up. Except for one call from Viking, it's been radio silence ever since. Again, huge thanks!!
  21. First of all, endless thanks for your extremely comprehensive response!! You are the only one to answer my post but, frankly, your replies are so informative and thorough, should I care?! Okay, I'll sit out the CCAs - good to know it's 'working days' not just 'days'. For the record, Newman Debt Collection Agents are absolutely vile. I'm sure their phone threats and bullying are illegal. I am presuming that, in the event that all my debt collectors cannot prove they own the debt, the debt is returned to the original creditor for collection - or does it just waste away? Re No. Rock, my questions are: 1. Will an SAR aggravate them and make them less likely to negoatiate with me? I'm assuming I should send the SAR to No Rock and should I cc Wallers Solicitors? 2. Since there is a time limit on a SAR and if No Rock exceeds that limit, will the court case automatically be postponed? 3. Since my circumstances could change (for the better, I hope),is it better to wait as close to the court date as possible to file my response form? 4. As it is unlikely I will be able to clear the arrears, should I make an interim payment now or is it better tomention an amount in my court response? 5. Is there ANY chance I can negotiate w/Wallers and avoid court altogether? (I understand from a Payplan advisor that No Rock is always keen to bring matters to court). I'm sure reclaiming my NatWest current account charges belongs in another section - I have a huge overdraft with them, but have totalled up £1,000s in charges. Will I destabilise my relationship with them if I apply for a refund now? Maybe I should wait? As you can imagine, I'm staring down the barrel of bankruptcy and am desperate not to go that route. Your in depth and considered advice is a source of great support. Heartfelt thanks.
  22. Lookinforinfo, thanks so much for your response! I stupidly recylced the Wallers' envelope. The loan was taken out in April 2005 and I'm sure I can locate the original agreement. I think all the charges will be legit. Wiil an SAR request delay things re court? I thought I had to ask for a CCA before asking for a SAR. Hmmm...no real light at the end of the tunnel. Am waiting for projects to be greenlit. Could happen this week or next month. Or not! When completing the income/expenditure form for court, is it better to be pessimistic or optimistic? would Wallers or the court possibly accept a 3 month arrangement of £25 - £50 per month with a promise to resume normal payments (£336 p.m.) at the end of this period? should I write a letter to the court explaining that I have not avoided No. Rock and have made interim payments? On other debt collection matters (and please tell me if this should be a separate post/thread).......in the last week I have sent CCA letters to 1st Credit, Newman Debt Collection, Triton Credit Services, Eversheds, Viking Collection Services and Direct Legal & Collections. The harassing phone calls have stopped and I have only received one written response - from 'Hillesden Securities' on behalf of Direct Legal & Collections (they share the same co. registration no.), acknowledging receipt of my letter and saying that they will be able to supply a 'true' copy of the original agreement if they can't send me a 'copy' and promised to send me an update in 21 days if not before. This feels like a stalling tactic. Also, at what point do I send an SAR to the above debt collectors? I cannot tell you how grateful I am for your advice around this legal minefield!! And sorry if I'm mixing up topics!
  23. this is my first post, so i hope i'm doing the right thing. I've defaulted on an unsecured loan (£25,000) with Northern Rock. I maintained contact with them and made random payments -£100 as recently as Jan. 22nd. Last Friday (Feb 9th), I rec'd a letter from Wallers Solicitors, dated Jan 30th, stating I had 7 days from that date to reply with a payment proposal to them. When I called them to point out that the 7 day period had expired, they advised me to take my complaint to Royal Mail (!). On Monday, Feb 12th, I rec'd a 'Claim Form' from Gateshead County Court for the amount of £35,914.98 (interest, court costs, etc.) and a defence and counterclaim form. i immediately filed for an extension to 28 days (I had to tick the box saying 'I defend part of this claim' before the court would process it) and sent a fax to Wallers, complaining about the deliberate late delivery of their letter. I believe that Northern Rock want to put a lien on my property and I would like to oppose that. My question is: should I send Wallers a CCA letter or not bother? Should I attempt to negotiate directly with Wallers for a payment of £25 per month? Or should I let it go to court, providing I can write a strong enough defence to oppose a lien on my property? I would like the debt to remain unsecured.
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