Make sure you send all communication to them in writing and by recorded delivery remembering to take a snapshot of proof of delivery from the Royal Mail website.

 

At least that way you'll have the proof that your creditor is getting it.

 

Also, in the original contract between yourselves (maybe on a receipt) is there mention of interest being added in the event of non payment?

 

Do as Pinky states, keep copies of everything you send, they can add as much interest as they like but when it comes to enforcing it it's an altogether different story.

Thank you too,

I have now done this and I await his response, assuming of course that he does respond.

Right, Well, you decide what you can afford to pay and send it even if the supplier hasn't agreed. If they write to say that isn't enough tell them that is all you can afford and you won't be able to increase it unless your circumstances change. Keep a meticulous record of everything you send. The reason I advise you to do that is that if the supplier takes you to court you can prove you were paying it and it doesn't look good on the supplier if you were paying it and he/she/they then takes you to court. Look at the worst case scenario and don't worry about this. Supposing the supplier does take you to court. You can apply for a Time to Pay order telling the court what you can afford and that will be accepted by the judge then you all go home for tea. That is as bad as it gets. Once you make regular payments, stick to them. Don't set what you can afford too high so that you won't be able to keep the payments up. If it is £5 per month, it's £5 per month and stick to it. Good luck.

Thank you, most appreciated, I have now done this.

What was it you purchased? Was there any finance or credit agreement involved? I'm trying to ascertain whether or not this involves credit or is just a straightforward bill for goods supplied.

Its a straightforward Bill for goods supplied.

no signatures, just an account.

Who is trying to collect the debt? What is it for - loan, credit card? How old is it? When did you last make a payment?

Hi, thank you.

the debt is for supplies purchased last year, the bill came in for £1100 but in beteen times we had fallen on hard times, we wrote to the creditor explaining our circumstances, however, there was no response, we;ve since written twice, but no response,

creditor on the other hand continues to send statements, each one higher than the last, the debt is now over £2000,

we don't know what to do about it, all of our other creditors have accepted the offered amount.

I have a creditor who is completely ignoring my letters to him,

I have offered token payment but he just ignores me, he also is continuing to add interest,

what should I do?

CCCS, gave us an interview and a client number and told us to get on with it,

our income is so low that CCCS, could not realistically set up any plan for us,

Trading Standards have advised us throughout,

I just feel this situation is different in as much as I have a creditor who appears to be forfeiting my debt for me, not giving me the opportunity to pay,

I feel really uneasy about this.

I have a problem with Great Universal Catalogue,

I wrote to them screaming the odds because a number of DCA's were harassing me and chasing the exact same debt,

I complained that I was being threatened with court action if I did not pay the full amount within 7 days etc,

I am under the cccs and have been since 2005 and I pay a token payment to all of my creditors including Great Universal / dca "Moorcroft",

I had never missed a payment.

Anyway, I wrote to Great Unversal as aforementioned, and asked them for a CCA,

I have just received a letter back, which states they cannot find a signed copy of agreement (which is not surprising, bacause I was never asked to sign one) and that they have a attached a copy of the "current type of agreement which would be used for the type of account I had,

They have not offered explanation as to why they had several dca's chasing the same debt but have informed me that they have in effect blacklisted me as well as keeping "internal information about me" which they tell me they are going to share with other credit agencies etc,

My question is where do I go from there,

I have never denied my debt, I would prefer to pay my debt (although it would have to be over time) , but these people have left me no opportunity to do so, by not being able to tell me to which agency I should be paying.

Moorcroft to whom I have been paying over the last few years, have said they handed my account back to Great Universal on the 31st December last year,

Am I not protected from such actions by these companies when I am on the CCCS?

I am confused.

Please advise.

Many thanks SFU, your post has give me a new insight into problem.

Although advertising as a "handyman", the defender actually built his own house (pic attached) and since it was erected 4/5 years ago the roof has never blown off!

I accept that there could be a difference between "handyman" and "tradesman" i.e. if I wanted a top notch brick built structure with detailed finishing, then I would have had to engage a "tradesman".

All I wanted though was a waterproof block built shed, and surely if defender thought that this was beyond me then he should not have accepted job.

He quoted for job and despite comments from S.C.A.B. person there was no haggling over price.

The Sheriff relied on a figure produced by the defender of £4/5000 for a similar shed. This figure was obtained by the defender calling out a medium size Thurso based, building company for an estimate on erecting a shed at his Mother in Laws house. There is no doubt that this would have been a much better shed, but to show the other side of the coin, I could have bought a timber shed from B&Q for about £500, which would have been more robust than the one erected by defender.

In his adverts he also states that he is a “kitchen and bathroom fitter” surely these roles require a certain amount of skill for the tiling requirements, again these skills were neglected when the defender did the tiling at my property. The Sheriff barely mentioned this aspect of claim.

I have looked before to see what entails being a “handyman” but it is such a grey area with different sites providing different criteria as to what skills, or lack of skills are required. Wikipedia offers a list at the bottom of page: Handyman - Wikipedia, the free encyclopedia looking through this list, all elements of the work the defender did for me are mentioned but I agree that your average “White van man” would lack a lot of the skills listed.

I will take your advice and trawl internet to see if I can get more specific examples of similar cases.

I do have examples of what you suggest at bottom of post such as final invoices, local weather records.

Once again, many thanks for your very informative post, will keep you advised.

And don't forget that Sheriff's are and only ever do, look for meanings in the ordinary dictionary,

You've got some good sound advice from SFU,

Good Luck !!

such as suppliers of perishable produce, and no credit agreement in place,

is the law the same as for credit agreements?

Got a problem?

Maybe, I can advise.

Hi all. Just a short question...capquest are asking for proof of mine and my husbands benefits. Do you think this is a good idea and do they actually need this information?

Any advice would be grateful.

Thank you.

Definately not, give them nothing.

Can anyone advise on enforcement of "Deed Of Conditions" in Scotland.

 

If a Developer is placed in liquidation before completion of an estate with common property, the common maintenance of which is described in the DOCs. Are the DOCs enforceable ?

 

The developer was running out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They finaly run out of money and were placed in liquidation by the courts.

Many houses were unfinished and some had not been built. The liqidator pulled enough funds together to build the final few houses and sold them to cover his costs. The unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and remain so to this day. Owners moved in without the certificates.

 

The common areas, ie gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never even constructed. Some areas are a hazard with unprotected vertical drops of upto 3 metres, other areas are subject to flooding due to lack of drains

 

Construction was in the 1970s

 

The problem now is some owners are trying to enforce the Deed of Conditions or their own version of it.

 

Any advice would be greatly appreciated.

BDIBDI

Me again,

Follow the link;

Deed of Conditions - Google Search

Not having much success

 

Called Govan Law centre but they were not able to help as I am out with their area, but they helpfully supplied contact info for the Legal Services Agency, Glasgow. Contacted them, but they say their helpline is only open on a Thursday from 11 to 1pm.

On checking their website help in this area looks doubtful.

 

 

BDIBDI

Sorry, just read your plight.

Deed of Conditions, are enforceable as they are usually subject to the Title Deeds.

Check our the Register of Sasines, info pages as well.

I'll look for the link for you.

A landlord from a property I lived in a few years ago has just filed a legal action against me, and one other tenant, in court.

 

I have two specific questions about this so I can prepare a Defence.

 

1. The Claim is made against two of the original four tenants (all of which are jointly liable for rent according to the contract) so the Claim details came to me as 'First Defendant'. Do I submit a Defence on behalf of myself, or do me and the other defendant need to submit a joint Defence? If the latter, it's going to be difficult because I'm no longer in contact with him.

 

2. What laws cover this area? I'm familiar with the standard CPR 18/SAR requests and so on, but are these just for organisations? It's a private landlord that's made this claim. I've received no LBA although it's possible he could have sent it to an old address. I want a copy of everything he intends to rely on in Court - how do I request that?

What is he suing for? what kind of tenancy? and how many years ago?

Im a private tenant and have just been informed my landlord has not been paying the mortgage on the property.in 2 weeks time if my landlord has not sorted anything out with the bank they will start procedings to reposses the property.I need some advice from someone i need to know how long will it take before the bank take the property and put me and my family out.I have 2 young kids and i am on benefits.

 

ann from falkirk:cry:

You should be protected from eviction, check the terms of your lease, and seek help from such as CAB,

or Shelter, you may have security of tenure and therefore, you cannot be evicted without a court order and that can take quite sometime.

Yes, put everything in writing. These firms thrive on the power they weild over the uninformed. Once you stand up to them, the tend to back off a bit, though not altogether. Question everything they send to you if it is not crystal clear. Report the to the OFT and to their local trading standards. The latter are getting more and more complaints about these firms and they (DCAs) could end up getting their licenses revoked if not careful.

 

Why are they asking for medical records? That's confidential!

Thank you for your comments and your advice, which is appreciated and will be followed.

Hi All!

 

Hi Malarkin2,in reply to your last post:

 

Don't worry you are not alone here and we will do all we can to help you!

 

Sorry but I still need to ask you a few more questions:

 

1.At the time of applying for the loans what was your and your OH employment statuses?

 

2.What type of tenancy did you have? Please provide exact information.

 

3.How much money did you spend on the house?

 

4.Do you have anything/Were you given anything in writing to confirm that the landlord was willing to sell to you?

 

5.You say you are ill do you have medical evidence to support this?

 

The answers to the above questions should enable me to hopefully assist you further

 

 

Regarding,being hassled by calls from creditors you can send them each a letter and legally stop them from doing this - there is a template of this letter in the library section on this site.To breach your request of stopping calls is a criminal offence.Make sure to send this letter to the address of the creditor by Recorded Delivery Post.

 

Should you still receive calls - refuse to talk to them and insist on them putting everything in writing to you and then disconnect the call.

 

Anyway,I hope this helps.

 

If you have any questions,just ask.

Can I private message you?

Hi All!

 

Malarkin2,in reply to your post:

 

Could you please answer the following question:

 

How did you manage to borrow so much money? Please provode more details.

 

The answer to the above question should hopefully enable me to assist you further.

thank you for your comment,

Borrowing the money was relatively easy, we took out unsecured personal loans based on "home improvements" which was what they were for and were used in that way, we also had a number of credit cards,

we were rural tenants, with the right to buy should the landlord want to sell.

Unfortunately, our landlord did not want to sell, but made demands on us to upgrade our rented property continually, which we did.

Eventually we fell into the trap of borrowing to pay back loans, borrowing to live, then just to exist.

Now we are in debt up to our necks and just existing. and rather ill with it too.

cccs have left us to it, because we have no income and they cannot realistically work out any payment plan for us.

For urgent advice we have gone to trading standards, who have given us snippets of how to deal with this or that, but in general we are on our own and that is why I joined this group.

There are reasons we cannot go bankrupt and one of them is that we would lose our home and that would be the straw that breaks the camels back so to speak.

Suicide is dangerous, as they say.(we are not as of yet, suicidal).

Hope this helps.

Hi Folks, pleased to make your acquaintance

Between my other half and I, we are in deep debt to the tune of approx. £100,000 (one hundred thousand),

rightly or wrongly we took out a number of individual unsecured loans from a variety of different companies for purposes which at the time were viable,

All of our credit agreements were signed before 2007,

We have 24 creditors, we are on the CCCS, but we attend to our own affairs,

we pay each creditor £1 per month,

some harass us, others accept us.

We have asked that our creditors consider writing off our debts, however, they have opted for the £! per month,

however, one (capquest) is now asking for access to our medical records, we have declined their request and are awaiting their response.

Being in debt has proved detrimental to our general health, we have no income other than our benefits and are just existing below the proverbial breadline,

a truly hellish place to be,