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joemay

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  1. subbing... This is very interesting.....Sorry to butt in on this thread but have received the same letter with same dates. Rec'd letter from Link dated 26th March stating assigned on '20th MARCH' this surely can't be right can it? What are the implications of this for MBNA and Link?
  2. Have you requested the CCA with a letter or over the phone? If it was over the phone then send them the CCA request letter with £1 postal order. If you have requested by letter and it has passed the 42 + 2 days then send the "default under CCA" letter. They may sit up and take notice and treat you with the respect you deserve.
  3. Thats interesting! I was of the impression that they make take advantage of the fact that there is a health issue, push forward for CCJ, hoping defendant wouldn't respond. Thank you for that:D
  4. I totally understand what you say, not wanting to give advice, if you have little knowledge in this area. Was just hoping that someone may have had some dealings with a situation like this. I will get intouch with the Law Centre and see what they can advise. I'll update the thread, just incase anyone out there in future has a similar situation. Again thanks:D
  5. Thanks Elsa:) Anyone other advise would be grately appreciated. Joemay
  6. Millystar - Was feeling exactly the same as you a few months ago. I'm not an expert but are you sure that you are not entitled to any other benefits? Have you claimed for child tax credit? If you are earning, you should be entitled to working tax credits. I suggest you log on to: www.direct.gov.uk/en/MoneyTaxAndBenefits/index.htm and complete the form or call them to find out what you can claim. It won't solve all your problems, but every little helps. Have you looking into housing benefit, surely if you are living in someone else's home you are paying some rent. Speak with you local authority. Remember that your home was repossed, the local authority would have to had assisted you in some way (especially, as you have a child) if you had not had somewhere to go (your mother-in-law). Don't give up, you may feel that your in a dark place now, but things will get better. You have found this site and there is lot of advise and support for you regarding your debts. Keep your chin up, your daughter needs you to be strong. Good luck Joemay:-(
  7. Thanks Elsa, Spoke with OHs care worker, they would be able happy to provide statement. The debt has been passed to DCA and they are currently accepting token payment of £1 should I maybe just wait until they start getting heavy before I request SAR? Would be grateful for input from others or if anyone else has had to deal with this kind of situation. Thanks Joemay
  8. As I am fairly new to this, would be grateful if someone could tell me if this is the correct letter for CCA request. Husband rec'd letter from Link Financial re: mbna, but he never signed an agreement with mbna. Hope to send first thing tomorrow. - Thanks BY RECORDED DELIVERY. I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT. Dear Sir/Madam Re: Ref No This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose, such as reducing any alleged outstanding balance. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Yours Faithfully
  9. Hi Nuse-Elsa, Thanks for responding. They sent a letter stating car sold for, £12,837, shortfall is £20600. Have a copy of HP Agreement, but appears to have page 2 of 4 missing, strange as they are stapled together. Quite shocked at the figures on agreement, haven't really studied them in detail til now, all with what been going on, even husband can't believe he went for it. Car cost £25,038, they added £11,211.60 charges, plus £149 acceptance fee, plus £85 credit facility fee, total balance £36,483.60. No doubt, the car was bought in auction by a large secondhand car dealer (prob, same who husb bought from), who would mark up price, then arrange HP with same HP company, who would then add on £11k charges, + acceptance fee+ etc.,). Do you think I should still SAR them considering I have letter and agreement (bar page 2)? Not sure if the agreement can be challenged as its unregulated. Thanks:)
  10. My husband suffered a breakdown and was being treated for depression. He went out one day and purchased an expensive car with an Unregulated HP credit agreement, which was totally out of character as he had always been careful with money and hadn’t had anything on HP before. A few things happened, which resulted in his GP referring him to local Mental Health Team. After many appointments with Psychiatrist and numerous different medications, he was finally diagnosed with Bipolar Affect Disorder. Psychiatrist had informed us that his uncharacteristic spending , was unfortunately, one of the many symptoms of Bipolar, and the medication he was taking for depression, had in fact, assisted/added to it. Our debt situation in more detail: HELP...Are there guidline for DCA's deailing with Mental Health Patients After 6 months of having the car, HP company took it back, sold it at auction (for £20k less than the credit agreement amount), and are now looking for the shortfall. I spoke with the HP Co before repossession and asked if we could sell it privately in order to try and recover as much money as possible to pay to them, but was given a flat refusal. Just to add, I had contacted the HP company informing them that he could not afford the repayments. It is fair to say, that my Husband was not in the right state of mind, and that he properly had no regard (or even read) the terms and conditions, and did not understand the consequences, as he was at an elated stage of Bipolar. I’m sure, that if I asked the HP company to consider writing off the shortfall, taking all the above into consideration, that they will refuse, but as we are unable to pay, it would have to remain on £1 token payments, (as explained in original thread). I am of the assumption that they would go for a CCJ. What I need advise on is : What is the likelihood that the court would take his mental condition, at the time of purchase, into consideration?? Is it possible that they would agree he wasn’t fully responsible for his action because of his condition?? If the court issues the CCJ would the court costs be added to the shortfall balance?? Any help, advice or guidance would be much appreciated. Do you know of anyone else who has been in this position before? My husband has suffered enough, the consequences are cruel, his burden of guilt for the debt he has incurred, is overwhelming. Thank you.
  11. Thanks everyone for all your responses:). I will open a new thread regarding approaching the HP company.
  12. Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale. Would it be unreasonable to approach the HP company and point out that Husband was suffering elated stage of Bi-polar so was therefore not in a position/the right state of mind to understand the terms and conditions and cca at that time. Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.
  13. Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale. Would it be unreasonable to approach the HP company and point out that Husband was suffering elated stage of Bi-polar so was therefore not in a position/the right state of mind to understand the terms and conditions and cca at that time. Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.
  14. Thanks Viscount Stair. No doubt, in time I will be quoting abvs, because I'm sure this is going to be a long process and I have a lot to learn
  15. Thanks silverfox. I intend on fighting his corner. CAB have dealt with his creditors so far, but they are snowed under and are unable to respond or deal with issues immediately. A few months ago just wanted to sit in a corner and hide, but since i've found CAG, it's like someone rang the bell and I'm coming out fighting;)
  16. harrassed senior - Sorry to hear that you have suffered. My debt is manageable, and I will be making arrangement with my creditors. But am right in thinking that my husband's creditors can not come to me for his debt i.e. trying to get a charging order put on the property, bearing in mind that the house is in my name only.
  17. First may I say this is a fantastic site, have learned an awful lot from it. I need some advise. OH had been in business for many years. He was successful and careful with finances both business and personal. Business now in liquidation, but this is another story – untrustworthy business partner, recession etc., but has played part in our current personal situation. OH suffered breakdown. He has been diagnosed with mental health condition. . OH signed hire purchase (out of character), which he could not afford, has since been repossed, BOS are requesting the shortfall of £20k, amazing only had the car 6 months and they managed to sell if for £20k less. They wouldn’t allow us to sell it privately. Our family home had to be sold (threats of repossession), considerably less than what we paid for it 6 years ago, no equity remaining. We are now in rented accommodation, husband and I receiving incap benefit. The credit card & HP companies are aware of our situation and OH state of health, the CAB have written to all creditors and they had all agreed £1 token payments from him. But today we have received a letter from Link Financial introducing themselves and requesting the full amount. This is on behalf of MBNA who OH never signed a CCA with, we believe it could have been another card which he got through PC World. I am sending the CCA request to them Monday with PO of £1, something I wasn't aware of until I found CAG. What I really want to know is how are the DCA’s with people who have mental health issues, (oh has attempted suicide on 2 occasions due to all above issues, which his care worker has informed the banks of in writing). I understand the DCA’s can be quite heavy and even go so far as to flout the law, but I would like to hear from anyone who can enlighten me as to, what they can and can not do. I have a property which I get a rental income from due to switching to interest only payment so get some income, this does have a large mortgage, can’t sell now as negative equity. Can his creditors try and apply a charging order on this. The property is in my name and has always been in my name, I know that if you were going through divorce proceedings then husband could claim half but can the DCA’s try and claim from my income or my assets for his debt. Also does my rental income/beneifts have to be included in his personal financial statement. Any advice would be much appreciated. Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale. Would it be unreasonable to approach the HP company and point out that Husband was suffering mental health condition so was therefore not in a position/the right state of mind to understand the terms and conditions (had underaken an unregulated credit agreement at that time). Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.
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