If Morrgate did buy your MBNA debt then they also bought it wih the payment plan in place...

Send nothing. They have written twice to you to say the same thing. There is nothing else to do with this.

Don't forget judges are reasonable people and you are allowed a life. so include clothes, shoes, a night out, contingency for emergencies, presents, car maintenance and petrol

You have a company car? So you are working? Who is chasing you for your debts? What is showing on your credit files?

What does your court order regarding the financial settlement for your divorce say?

once you have defaulted then the account could be closed and sold on. You have defaulted so why are you worried about them placing a default on your credit files? Halifax are the worst for freezing interest rates. They defaulted me but my account is still with them after 3 years. If you don't pay anything then you risk getting a CCJ. This is a self help site so once you've researched, as you are doing, and decided a course of action then you will get help with that along the way. Debt avoidance is not condoned.

you need to wait into October before you send the DB letter as your last payment was in Sept.

I just think the fact that you only have paper trail of cheque payments and NO agreement would make this unwinnable; you have no evidence AT ALL that the payments were not a gift and a court deals in facts not emotion. If I were the friend I would be saying of course I would have enetered into an agreeemnt to protect myself if the payments were loans; but we had a friendly agreement whereby we helped each other out on an ad hoc basis whenever the other needed it; gift payments from both sides. In fact the differing amounts and times would tend to support this argument. And who is to say that I would not be correct? The courts have to deal with facts and the fact is there is nothing to support the claim sothere is no case to answer.

well I would assume that he also stopped using the joint account? You need to find out when the last payment was made to this account. if it is over 6 years ago it would be statute barred. See what is on the statements when they arrive.

You are not liable for his solo account, just tell Lowell you are not that person. As for the joint account is this joint account debt showing on your credit file and what is actually showing? Did you tell the bank anything at all when you split up as your ex wouldn't be able to remove you from the account without you written approval. I know because I still have a joint account with my ex and the bank refuses to close it because he won't co-operate in spite of me having got divorced over 4 years ago. Madness!

oh yes I just saw - cash?! There is no way to prove this was given to the individual so at best the cheques are all you could go for.

I don't agree that the court would start on the assumption that it was a loan. i would if it was provided as a lump sum but its been provided in dribs and drabs over the years; why would someone go on 'lending' money when it wasn't being paid back in a regular and formal fashion? It could be argued that you are changing your tune because you are in financial difficulties and regreting giving the money away. As a claimant in a court case the burden of proof is on you to prove it was a loan. the fact that you have nothing to substantiate the claim and the history shows that you continued to provide money in spite of NOT being paid back doesn't bode well. And the times money was given to you couuld be argued that your hubbie was short on cash that week so his mate gifted him some money back. Because the sum is substantial it would be best to arrange a meeting with this person and see if you can't agree a more amicable way forward. I wouldn't want to chance my arm with legal action on this but others more knowledgeable will be along I'm sure and Bankfodder is more knowledgeable than me for sure.

Your UKposition is already messed up so entering the world of CCA requests and SAR's isn' going to help your situation. The only probably way to avoid a CCJ is to agree a payment plan with your creditors using the templates you can find on the forum and enclosing your I&E (you don't have to do this but it can make the process easier). Parallel with this you can CCA each of them but its only worth doing that if your debts are pre 2007 IMHO. Mind you, its only £1 and as your debts are with 3rd parties they may not be able to unearth the paperwork - at such time you could cease your token payments if you choose to make them. You would need to SAR the original lenders to ascertain whether you have any unfair charges/interest you can reclaim. Whatever you do in contacting these claimants you will rouse the beast. Best to come clean with your partner too. Not sure why you have a clock ticking.

A signed letter of authority is all they required; creditors have an obligation to deal with an appointed 3rd party. End of. They will still write directly to the original lender but they cannot refuse to deal with you. So ignore their purile missive.

Are you living in the uk now? If not, are you intending to return at any point?

Both of these will be SB'd Sept 2013 if your last payment of August 2007 is correct. They won't remove the history but the defaults will disappear 6 years after placement and sometimes a DCA does not pick up and report the default at all. If you do have a DCA contacting you you could ignore for a while, send the proove it letter and then a CCA request, taking care not to acknowledge the debt. You couuld also SAR the OC asking for everything they hold on you (and not refereing a specific account). Then you wil have your ducks lines up. If there is no enforceable CCA it shouldn't get to court if you are on the ball and providing you have not acknowledged the debts they will become statute barred. F&F will be marked on your files for 6 years from the date the account is closed. There simply is no easy way to repair your credit file I'm afraid. No-one will remove the history but you can start to run a clean file and begin the repair process that will take years, not months.

No phone calls. In writing only for the purposes of a clear audit trail.

It looks as if the HBOS debt will besome SB'd next year if it isn't already. When was your last written acknowledgment of the debt; when was the last payment made against this debt? HSBC: this default will remain on your files until it's drop off date - your credit file will show when this is reported to. This will become SB'd in 2014. Bizarely you are worse off with the one's with whom you have an Arrangement to Pay as these remain on your credit file for 6 years AFTER the account is closed and it won't be closed whilst you are paying against them. I am afraid your credit file is screwed for some considerable time or until such time as mortgage lenders take a more 'relaxed' view of your credit history. If you reach a F&F with the debts you are currently in an arrangement with that will close the file out and your file will be clean 6 years from then. The 'score' is nothing more than an indication to you as to how a lender may view your history. At the moment you need at least 4 years and in most cases 6 years of a clean and well run credit file to even get a sniff at a mortgage. Sorry it isn't what you want to hear.

Go it alone would be the No 1 choice. CCCS No 2.

If you do get a claim post into the legal forum and get advice then. A judge will never ask you to pay more than you can afford and may even ask you to pay less. Its all a long way off. meanwhile I would SAR BH so you can start to ascertain the level of the debt and CCA the DCA so you can start to look at what you actually owe and how the figures were arrived at. You have a lot on your side in that you have dealt with this responsibly from Day 1 and will be able to demonstrate that. I still think this is just scare mongering. The DCA wouldn't be Capquest would it?

A charging order doen't achieve anything. BH sell the debt on once the loan has run its course (*whether you've been paying or not). The DCA is just chancing their arm. Tell them they bought the debt with the arrangement in place and you will continue to honour this payment until the debt is cleared; it's unlikely they will go near a court to get a CCJ (which they have to do before they can even think of going for a CO). It's just to scare you into paying more.

Chalk it up to experience. Just because its SB the debt is not extingushed, it just means it isn't enforceable in court. They can still ask you to pay.

will be missed. GL x

as #2

Its his house. He should just reply that he isn't renting the house and the person they spoke to was his confused mum.