Just popped in to say 'hi' NJW - i hope you're ok?

Hi NWJ - you've been a busy girl! Well done for writing all your debts down, it's a hard thing to do.

As bb said, tick off each one as you deal with it, BUT you must prioritise your mortgage. Talk to them as soon as you can. As part of dealing with your mortgage arrears, you should follow up your hardship claim for the charges. Those charges would clear the arrears.

Don't try to deal with everything at once. I did that when i 1st joined and got very confused!!

This site is useful for trying to ascertain which benefits you are entitled to: Start Calculation but because your situation is slightly complex, it would probably be a good idea to ring the national debtline: National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

Hi NWJ

I'm sorry to hear how you are feeling. So many of us have been there, there is hope, but you do need to take action. I had to manage my debt without my husband's support. I have found that if i presented him with hard facts and how each one needed to be managed he coped a lot better.

Are you incurring charges on your bank account? If so, i would consider setting up a new account of 'parachute account' to have any monies you earn paid into. You can't afford to be wasting it on charges.

You will have lots of support on here, so keep posting

Hi Trevor, i'm sorry to see how this has turned out. These fights are hard fights aren't they? Thinking of you x

This is still rumbling on, admittedly because i've not done all i should have done

A complaint has now been sent to TS, as the production of dodgy paperwork has continued. This situation is kind of a 2 pronged attack as it is adding fuel to a MBNA battle with FOS. FOS have been extremely supportive and have warned MBNA that they could be ordered to pay compensation. Once it is all settled i can explain more fully what is going on.

Hope everyone is well

Hi everyone

An agreement was reached and i am now bound by a Tomlin Order. The monthly repayment figure and outstanding balances are ones i suggested many moons ago, but hey, they got there in the end

The only thing to be settled now is the solicitors charges which will stick in my throat but they are still being negotiated by my solicitor.

My main focus at the moment is to repay as much of my debt off as fast as i can. I will be sure to make additional payments on this account to clear it as soon as possible. I don't like the threat of court hanging over me, but more importantly, i don't want to give them the satisfaction - yes that stubborn bit of me is still there

I want to say a final HUGE thank you to everyone that has given me moral and practical support throughout the whole of this. Thank you to those who didn't post on the thread but read it quietly and sent me pms.

I particularly need to thank Paul, for the huge input he has made, particularly with the defence. It was Paul who helped me keep my head together when all this started and dedicated so much personal time to helping me.

Very best wishes to everyone and good luck with your own personal battles. Now i am off to continue with mine....Cabot / MBNA are in the firing line at the moment. I have got to say i am quite enjoying it

That's terrible. Well done, Bo. Your friend really shouldn't have to worry about the likes of them.

I wish you both the very best. Take care hun x

Hopeful1

 

Would love to know the outcome

Hi Humbleman

I'm sorry to make all this sound so intriguing. My own paranoia means i want to wait until everything is signed and sealed until i divulge exact details.

The upshot is there is no great victory but a solution has been reached that has the least amount of an impact on my family. The frustrating thing is that this same solution could have been reached long ago before legal proceedings were started.

Those who read my posts will know i am not about avoiding my debts. I am about repaying what i owe, but i also want to be treated fairly and will be not bullied, harrassed or expected to pay ridiculous charges.

I am content i have done the best i can in difficult circumstances. I'm still watching your case, Humbleman and wish you the best of luck

Had a phone call this morning from a nice lady from........Weightmans!!!!!. She asked if my WS was ready and was it OK if we exchanged tomorrow.

Hmmmm.

You're fighting well Trevor, just watch your back.

 

You've gotta laugh

...and today i did!!

Cabot have kindly put this acc on hold whilst they contacted the 'original lender' for the requested info ie credit agreement which i know MBNA do not have as it doesn't exist!

Anyway Cabot have said they can now request payment as they have fulfulled their CCA obligations....

....what they mean is, they've sent a copy of statements and someone else's application form. Once i've put the little one to bed i shall be composing a very thoughtful letter to my new found friends, Cabot. One to Trading Standards won't be far behind. I'll also be making a complaint to MBNA for handing the acc over whilst in dispute as it is still with the FOS.

Wish i could be there to see their faces when they read my little composition

Are you trying to tell us something Hun?

Sorry, trying to do work stuff and got to dash out soon. Things are moving along positively but will have to wait until it is all finalised before i post more.

Watch this space

YAY ..................

I have had exactly the same problem this month, although they have already phoned my employer!

 

Help

Hi Peter

Have you read the 1st page of this thread? There's some useful info there. If you need more support, start your own thread and people can help you along your journey.

Hello to the chocolate lady

When BOS finally get around to writing following the same principle i discussed earlier - reply acc is in dispute, all correspondence being forwarded to FOS, 'ere is refernce, now bug off...you get the idea!

If you have time to fill you could complain to the OC about passing the acc on when it is clearly in dispute.

Blimey Josie, it's a long time since i've 'seen' you around! Thank you for popping in. Is all well with you??

Just popped in to say 'Hi' Lisa I haven't been about much, but i know you're being very well looked after! Well done for continuing to hang in there with everything else you have going on.

CB - that letter could come in handy. I know you said someone else wrote it, but thanks for sharing it

I wonder if they are actual "solicitors" or just using that tag. I would have thought that the Law Society (or whoever governs solicitors) would have something to say about their lack of respect for the law.

The Solicitors Regulation Authority and it's unlikely as they probably aren't "real" Solicitors, as you say...

Unfortunately the legal complaints service seem to think their practice is ok. Apparently it's permissable for court action to be proceeded without documents asked for several months previously. When they do turn up late it is simply due to poor communication / lost post etc

Anyway, don't get me started..again!!!

From me as well, Hopeful {{}}

Thank you x

Hi Lexis

You're letters look fine although only had a quick glance. Make sure you send copies to FOS and let MBNA you are doing that as the account is in dispute.

Once you receive your letter from FOS with a reference no. i would actually not bother responding. I, in the past, have just written to say something along the lines of......as previously stated this account is currently in dispute and is being dealt with by FOS. Please refer all correspondence to them using reference no. *BLAH*.

Again i've sent copies to FOS. They shouldn't be contacting you let alone harrassing you once FOS are looking into it.

AA - there's something on the site about court buddies. I haven't got time now to look for the link though, sorry - it may be around the bank charges forum x

Hello all! Just a quick update as off out again to work in a mo.

Thank you to everyone who's been so supportive. After my last post, i emailed my solicitor with the CLEAN (Bo tut tut ) suggestions and explained the circumstances at home which mean i have extra pressures / responsibilty.

He has obviously taken all this on board and is now looking at alternative options. I feel a lot happier with the route he is taking now and don't feel as if i'm being pressured to throw in the towel. I think it is this that was getting me down. I know i am in a corner in respect that Weightmans / HFC seem to have the ability to get away with all sorts, but i still think there's room to fight and am glad the sol is on board.

I'm hoping to be able to get back to spending more time on here soon, but until then thank you everyone. I owe so much to this site.

Hi Red. Thank you for your pm it was much appreciated. I haven't managed to reply to everyone yet though!

Slick's reply looks good. It's best to keep things simple for these people

update on this

 

they say have supplied the terms and conditions and the faint illegible cca's so have considered all for me, and sent final letter and refers me to fos,

 

i will be sending fos the information

 

will this now continue as a dispute ? until the ombudsman declares them right or sits on the fence or heaven help actually says possibly we are right? holding my breath

 

if it continues as a dispute until the ombudsman comes to a decision i can continue to withhold payment?

 

they also cannot add further charges or interest ?

 

also as ive 3 claims for the same creditor should i do 3 seperate claims and put each information on each claim as the final letter summised all 3 accounts?

 

i dont want the 3 accounts mixed up in anyway, i want them treated seperately can i do this?

Hi Maz

Yes the claim should remain a dispute. It may also be worth copying your complaint to trading standards. If the agreement is unenforceable they obviously shouldn't be adding interest / charges. If it were decided it is enforceable then they are entitled to add interest, but of course you can reclaim charges.

This is now my personal view. I withheld payment from Weightmans who were collecting on behalf of HFC because they did not provide an agreement. I wanted the agreement to look at the PPI and what i'd actually signed up to. 10 months later they issued legal proceedings and lo and behold an agreement turned up that appears to be enforceable. I am now in a real battle and will not come out of it unscathed.

Because of this i would not offer any advice with regards to withholding payment. It has to be a personal decision and one you are happy with.

I don't want to worry people, but i just want people to remember things aren't always as straightforward as they should be.

Obviously if you wish to have the debt declared unenforceable and to leave it at that, then to make payments / reclaim charges would contradict that.

So i'm ending a little like Lexis, leaving you with lots to think about and not necesarily all the answers!!

hehe:D Might need a coach just for me with the amount of After Eights I've eaten tonight. Oh yes, it's quality chocolate for me...

Ooooo you're so posh!!

Maz is right it is best to send seperate letters for each account / complaint otherwise things could get very messy!

Just remember what i said before about keeping each letter / complaint focused and not emotional. Show yourself to be the most reasonable person in the world not the chocolate wielding frustrated woman that you are

I'm not around as much as got a lot going on, but i will keep looking out for your updates. You've got some good support from Maz and AA though.

Take care hun

This is a quick visit as i am presenting staff training 1st thing in the morning and need to appear professional and on the ball

I just wanted to post a huge thank you to all those who have posted and to those who have sent me pms. I don't feel so lonely with it all now, so thank you. I will respond to pms during the week, i just didn't want anyone to think i was ignoring them.

I have had various suggestions made to me via pm which i will highlight to my solicitor tomorrow. Once a conclusion is made i will post back.

Love and hugs to you all x

Thank you as always everyone. I feel a little better this morning and know i will feel better again once i've talked to hubby.

I need to put this whole thing down to a bad experience. I've certainly learnt a lot more about money and credit and won't be conned so easily in the future. Over recent months i've been working hard to clear debts. I will then focus on HFC and clear it as soon as i can. It is the only way i will ever be rid of them.

It disappoints me immensely that these people can weedle out of everything but i am a great believer in what goes around comes around. They will get theirs some day.

In the meantime i will still be looking for opportunities to highlight the behaviour of both companies. I may be clinging on by my fingernails now, but there's still a bit of me that won't let go of these 2 barstewards completely.....not quite yet, anyway

Love and best wishes all x

Well, i think this situation is close to concluding, but not on the positive note i had hoped. I cannot seem to get away from demands for a voluntary charging order without risking going to court and incurring higher costs.

As most know i have had a solicitor deal with this for me over recent months and i have had the advice from others as a 'favour'. All seem to think that despite the descrepancies found by me and my friends on here, i would not have much success in court, but will end up with huge costs to pay.

I have also discovered that all the complaints i have made about Weightmans have been unsuccessful.

I have tried so hard to deal with this and to avoid upsetting my hubby because of his depression etc. It now looks like i will have to tell him anyway as we are joint mortgage holders. My eyes are burning from crying. I feel so disappointed. The negative outcome of my complaint to legal services has hit me hard. I do not have any right to appeal. I think there may be one further step i can take, but i will look at this another day when i don't feel so emotional about it all. The report doesn't detail Weightmans responses but i can see glaring descrepancies. I won't say anymore as i do not want to risk accusations of libel.

I will obviously post when a final conclusion has been reached to this unjust, sorry affair.