lots of 'IF'S' there.

There are, sorry and thank you for the time you've already given me.

My main concern is I do not want this to affect my family. I've put them through enough and I've been working hard at repeating my past mistakes.

If I had a job and money to repay I would attempt to reach an agreement with them. I have no money to do this.

Do you know if it would be possible to enter into a debt relief order once they have issued me with a court claim. I have tried to find an answer to this myself but cannot find a clear answer anywhere.

so funny how its now 23rd june and they didn't 'proceed' on 2nd jan......??

I really appreciate you raking the time yo read through my posts and help me.

I have tried to find the answer elsewhere but I haven't been successful and you might know the answer.

I am unsure of what to do next.

If I chose to ignore them and call their bluff and they send me court papers for a claim would it then be to late to start the process of entering into a DRO.

Thank you for advising me this far but What are my options.

If I ignore them and they take me to court what is the likely outcome. I have no income so I cannot pay what I don't have. I have a partner and 2 young children and I do not want this to have a direct impact on their lives.

That's why I thought the DRO was my only real option.

I thought the same. After everything I've put my partner through I want to stay infront of this and did not want to assume they are bluffing.

The bottom 2 lines on the front page

"if we do not receive a response from you by 4pm on or before 29th June 2015 we will make the appropriate application to court without any further notice to you"

The original letter from December was a letter using the wording "we will" and not the usual "we may" and gave me until the 2nd of Jan to reply, this letter gives me until Monday. It did not go un-noticed by me the dates they choose for a response give me a very limited time.

Like most I'm very guilty of burying my head to avoid the stress and worry. I want to do the right thing but my personal situation does not allow me to enter into a realistic payment agreement.

What should I do ?

Sorry I missed that. I have redone them in this PDF

I am unable to find the original letter from December. It was a letter from bwlegal giving me 10 days to arrange a payment plan or they would start court proceedings. it was titled NOTICE OF CLAIM

There was no court papers of any kind included. I have never received anything from any courts only bwlegal.

I'm searching for the original letter from December. I know I have it I'm just not sure where.

fingers crossed I have done this properly

Thank you. You should be able to see the copy's here.

https://picasaweb.google.com/113337964913789220494/June242015

It's a scanned copy of the original, what does that mean as far as my options are ?

Does the lender not signing and dating the agreement give me additional leverage ?

And thank you.

Hi it's a credit card debt from October 2006 and I defaulted at the end of 2011

When I got a copy of my credit file at the start of this year this particular debt was not included on it.

I forgot to add all my debts are from before 6th April 2007

A week before Christmas I received a Notice of Claim for court proceedings from bw legal for debt of £1,429.36

I replied with a CCA and today almost 5 months later to the day they have produced a signed copy which looks true and legit.

It is not signed in anyway or dated by the creditors though, does that matter.

This debt is not statue barred and I have until 4pm on the 29th of this month to reply or they state they intend to proceed with court action. They have attached an income and expenditure form.

I'm not married but my partner works full time. We do not have joint accounts. I am unemployed and the only income in my name is child benefit for our 2 sons. I am not on the tenancy agreement of our home and I have no assets.

The only bills in my name are a mobile phone and a sky bill bill but both are payed by her each month with direct debits from her account.

My total debts that I have are less than £5000.

Is my best and only real option a DRO.

If you have taken the time to read through my post thank you.

I can't thank you guys enough for not judging me and instead offering me advice. I have had a brief chat with the national debt helpline. My next step is to get my credit reports to see who and what I owe.

It looks at the moment that a debt relief order may be my best option.

I will post on here any progress I make but in the meantime I want to wish everyone who offers help and advice on here the best Christmas possible.

Again thank you all so much for trying to help me out.

Thank you guys.

The letter says specifically it will proceed on the 2nd January.

I last payed towards these debts in 2010.

This debt has been sent back and forth from different agencies since 2010. I have just ignored them as they have always used the wording May, could, or possible. This is the first time they have actually said they will.

Thank you for your help. I owe a lot less than £15.000 overall but as I have no income I have ignored it and dealt with my addiction first.

Can you please let me know the date of issue of the claim form - top right hand corner of the form.

 

Also, can you please have a read of the link below. Then answer the questions asked and post them here in this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

The letter is dated 18 December and they will proceed on 2nd January if there is no payment or response by then.

Thank you so much for taking the time to read my post and help me.

I should have made it clear that this is the first letter giving me 14 days before the commence with the County Court Claim. No Claim has been filed yet.

I forgot to add the only bills I have in my name are a basic sky internet bill and a mobile phone bill that is my partners phone. I can also prove if needed that they are paid by my partner. I don't know if that is at all relevant.

My story is a long one but I will try to keep it simple as possible.

I have a couple of unsecured credit card debts.

The largest is for £1184.20.

My debts I believe are from pre April 2007 and if I'm honest are a result of a serious gambling addiction.

My partner was understanding and supportive to a point and

to combat my addiction I no longer work or earn any money at all and have no access to any money.

I look after my children full time and have done since late 2009.

I'm not married and I am not on the tenancy agreement for our home

but I am recognized as living at my home address by the local housing authority that we rent from.

My bank account will show any limited money

I have is payed in from my partners account and is very little and is always used to pay for something via paypal.

Today bw legal acting on behalf of Lowells have given me 14 days written notice of a County Court Claim.

I have asked for proof of debt in way of a signed credit agreement

and have made it clear I do not recognize or acknowledge the alleged debt.

It is my debt but I truly have no money and after everything I've put my partner through I am lucky to gave a home and family.

Can anyone please help me and tell how I should face this situation and what is likely to happen to me.

Thank you for replying Tingy.

I have been trying to get them posted up but my camera very old and unable and i cant get a decent pic so i will try to get them scanned somewhere over the next week.

As for omitting any personal details there isnt any, not even a account number. There are 2 sets of T&Cs for each account and 1 set of each has my name and address typed at the top but all other detail are blank. There are no names, signatures, dates, or account numbers anywhere.

I may be wrong but these look to be blank copys they keep on file for anyone they dont hold a credit agreement for.

Hi dx100uk and Tingy

Finally got a reply from the CCA requests i sent out and the first to reply are CAPQUEST.

They have sent 2 SHOP DIRECT credit agreements outlining all the T&Cs BUT they have no signatures or relevent dates anywhere.

Apart from my name and address typed at the top they are just blank copys.

So what should my next move be, are these unenforcable and if so what should i do?

I have done as advised, i sent letters to all my creditiors informing them that due to a chang in my circumstances i can no longer pay the agreed amount and until further notice or a change in my circumstnces i will pay £1 per month, i also sent a CCA request to capquest for each account they hold. After constant phone calls which i have been ignoring and i have recieved 3 letters today.

The 1st 1 i opened was from Fredrickson telling me that unless i contact them they will pass my account back to cap1 and advise them to start legal proceedings.

Letter number 2 was from capquest informing me that on 10th May they will progress my account to their pre-litigation system. The letter is full of threats using words such as court action, bailiffs, Order of the Court, Court Enforcement Officers, Walking Possesion Agreement. And go on to tell me that after they have removed everything i owe and sold it i will still probably still owe them money.

Letter number 3 was from HL Legal Solicitors informing me that capquest have appointed them to act on their behalf and if i do not respond by the 17th May Court proceedings may be issued against me. They go on to outline that £65 court costs and £80 solicitors costs will be added.

I should mention that the 2 letters from capquest show the original amount of debt i owed before i made any payments. And the letter from HL Solicitors state i have not made contact with capquest since 22 november when the bought my debt.

The £1 payments and the £1 for the CCA requests were postal orders and all the letters were sent recorded delivery and as of this morning have still not been delivered.

What should i do next.

Thank you very much dx and Tingy i am very grateful for all the help and advice you have given me, i only wish i came here 12months ago instead of struggling for the past year.

Again thank you for taking the time to help me. After losing my job it was a difficult and stressful time trying to set up DMP and the thought of having to go through it all over again was begining to give me sleepless nights so i do appreciate all and any advice.

I will follow your advice but i believe i did sign credit agreements in 2008 for the 2 accounts Capquest now hold, before they contacted me i recieved 2 letters from Shop Direct informing me that they sold my accounts to Capquest and then shortly after recieved 2 letters from Capquest outlining consequences and court costs ect.. if i did not contact them to arrange payment.