Hey it sounds like you're doing brilliantly and in such a short time. I was chatting to someone on the phone earlier about debts and they were saying that if creditors didn't play ball and accept what they were offering then they got £1 a month until they changed their minds. It has worked a treat for them. Halifax are known as being awkward, but they make plenty of profit so I would not concern yourself too much! Yes, I did used to be a Headteacher. I still get called in by local authorities to interview for Headship appointments, but try to avoid too much involvement with education nowadays.

Personally as long as you're happy with the way your DMP is panning out I'd leave it sitting in a bank account or savings account so it grows a little bigger. I would try very hard not to spend it, but that is not one of my strong points. Problem is, if you put it into your DMP they're likely to start wondering if you've got other pots of money hanging around that you haven't told them about which could cause serious problems. Why rock the boat when everything is ticking along nicely?

Glad you did chip in - that's exactly why I asked the question. I just wonder how long they can go on before they are wound up, and if Welcome are wound up, do Cattles just take over the debt collection or are the debts outstanding written off?

Hi Vic!x Blossom Vic is absolutely right as usual. The EU Directives are very underused (I think only Vic and I use them!) but are a super piece of legislation. I wholeheartedly endorse her advice.

I can only answer from our experience. We had a primary mortgage, a second mortgage (secured loan) and a Charging Order. The money received for the value of the house paid the mortgage, the secured loan, but there was not enough to pay all the Charging Order. I phoned the company who had the charge against us and they agreed that if we paid what we could and then set up a Direct Debit for the remainder at £x per month (it was affordable) then they would remove the charge. That is what we did and the repayment plan was written into the contract of sale by our solicitors. Oh yes - they paid all our fees as well.

Thinking aloud, for a small fee, I imagine a solicitor might write a cheque. Make sure no money is handed over until you have everything in writing. Alternatively, I don't know how postal orders are viewed in terms of F&F's.

I'd be inclined to say you believe that this is unlawful without your consent, which you are not giving. If they know of a law allowing them to do what they're trying I'm sure they'll soon tell you. Also, looking down the line to F&F's which you mentioned, you may be in a position to offer a F&F on one debt,possibly two, but maybe not all three. It is therefore in your interests to keep them separate. Finally depending on what the debts are exactly, they may all be governed by different legislation, so again it would be in your best interests to keep them separate.

That's an excellent idea brassnecked. We got our MP involved over a legal issue recently concerning the DWP. He was absolutely brilliant (even though I didn't vote for him!) and managed to get his voice heard where us lesser mortals would never be able to do so.

Sorry - always have to watch Eggheads! We did a Mortgage Rescue two years ago. We were heavily in debt and had Kensington Mortgages trying to repossess our house which we really did not want to lose. If you take this route you MUST ensure it is with a reputable social housing company, ideally one recommended by the council. The biggest down side is that you get a low price for your house. We got 85% of the average of three independent valuations chosen by us. On the plus side you get to carry on living in "your" house. We are responsible for internal decoration. Everything else is the responsibility of the Housing Association, so if anything goes wrong it is up to the HA to fix it. Initially they bring the house into line with their standards. For us this meant we got new kitchen flooring, new flooring in both bathrooms, all double glazing replaced, some internal doors replaced, a new shed, the patio relaid, a fence right round the garden to a height of our choice, rails on outside steps, inbuilt smoke and CO detectors as opposed to the battery ones we had, both upstairs and down. We also get a gas and boiler inspection every year. Rent wise we pay £475 pcm. On the private market we'd pay around £800 for our house as it's very large, so we are very happy with that. The house still feels like ours and it is in our contract that we can even hand it down one generation, so if our daughter wants to live here when she's older, she can do. The other obvious advantage is that everything is completed within 2-3 weeks of first approaching the company. For us it was a Godsend and we have no regrets whatsoever. As said at the start, the single most important thing is to ensure you go with a reputable company as there are plenty of rogue ones out there who will turf you out after one year. As we are potentially looking at bankruptcy, it also means that we continue to live in "our" house even if we are made bankrupt - they can no longer force us to sell it. We had an inspection after about three months. In reality for us that meant a chat and cup of tea with the woman from the Housing Association who we'd got to know quite well. I think that's about it. If there's anything else you want to know, just ask.

Will be back in about 15 mins with some details!

If you want to anything about Mortgage Rescue, ask away as we did it two years ago and it was the best thing we ever did!

Hi, I don't for one minute claim it would bear legal scrutiny as I doubt you can impose a contract on them. However, it looks the part and it might just make them sit up and take note. If all you get back is what you have been getting, do as the post says, photocopy it, put the original back in the envelope and return to them with the words NO CONTRACT written across it. Also as said, be careful. If they start sending serious stuff then you may just have to reply to them, but until that time I'd give yourself a rest.

I don't know whether it will have any effect, but I do feel that you have genuinely made more than reasonable efforts to establish the debt exists in order that you can repay it. The following would therefore seem the next logical step to me. At least after this one you can ignore all further responses by simply copying the letter, putting it back in the envelope and returning it to them with the words NO CONTRACT written across the front as per Common Law. Obviously if they start getting serious, then you will need to act, but responses such as the ones you have received so far should just be copied and returned NO CONTRACT. Dear Sir, PLEASE READ CAREFULLY AS THIS LETTER CONSTITUTES A LEGALLY BINDING CONTRACT. Your ref: abc123 May I yet again refer you to my letters sent on the following dates x,y and z requesting a copy of my agreement with you. I am amazed at your apparent inability to read. Three times I have now made a clear and perfectly reasonable request for a copy of my agreement to be sent to me, yet none has been forthcoming. I congratulate you on replying, but computers have spell checkers so this probably makes writing a little easier for you than reading, but you STILL have failed to respond to my request. I have to admit this is getting somewhat frustrating, as is the fact that for some strange reason you feel you can charge me the fee of £1.00 every time you reply. I have no intention of paying these charges. As you have failed to produce any agreement whatsoever, nor give any reason why this is the case I can only assume you do not hold any agreement. I am already witholding all payment to yourselves.The following therefore constitutes a legally binding contract between myself and you. Without Prejudice "If I do not receive either an explanation or a copy of my agreement within the next ten working days from the date of this letter, I shall assume that you have no further wish to pursue this alleged debt and that any contract or agreement that may have existed between us shall be declared null and void. Any response other than one providing an explanation or a copy of my agreement will also render any contract or agreement that may have existed between us null and void. After this time no further correspondance whatsoever will be entered into. In order therefore for any alleged contract to remain in force you must, within ten working days of the date of this letter, produce a copy of the agreement or a reasonable explanation as to why you cannot do so. ANYTHING ELSE WILL RENDER ANY ALLEGED CONTRACT OR AGREEMENT NULL AND VOID." I trust this makes my position clear and feel that this is perfectly reasonable considering the lengths I have already gone to in order to try and obtain a copy of my alleged agreement in order that if a debt does indeed exist I can set up a repayment plan. Your lack of response can only mean one of two things - either there is no agreement or you have no desire for me to repay the alleged debt. I look forward to your reply. Yours faithfully, jgjfdghjdsgsjfhsdkjfhsjdkfhkj

Hi, If you go to the library on this site (link at top of page) you'll find an IE sheet that works out pro rata offers for each of your creditors. You need to fill this in. Once you've done that and know in black and white your financial position, then you need to post up all your debts, how much they are, what you are paying currently (if anything), who is collecting it and if with a DCA who the debt was originally with. It sounds a lot but isn't. So: 1. Fill in IE Sheet from library 2. List ALL debts as follows: 1. Lloyds TSB paying £7.50 per month 3 years old 2. Robinson Way paying £0 (unpaid for past 4 months) originally with Nat West etc...... Finally post all thhis up for us to look at so we can advise on the best way forward for you.

Their answer is clearly now correct. However, I think it is wrong that someone in a senior position should give out incorrect information in the first place. They should either know their job, or, as many of us do, look up the relevant legislation before answering a question.

Hi, Two things. Firstly when you post from Leagal Seagulls it is always changed as you can see. Many people use both sites, but they do not always get on well together for historical reasons that are irrelevant to most of us now. Secondly I apologise. I too had misread your post and agree that the bailff charges should not have been paid. Getting them back however, when timing was so close cut, will I fear be near impossible.

Excellent link thank you - just saved it to my favourites. Very helpful for website building as well.

I think he means he was charged what he'd agreed to on his contract which was 3% higher than say Abbey or Halifax were charging at the time. Sadly this is the price you pay for going with a sub prime lender and in my opinion I think thre is very little chance of you getting this money back,

The one I gave you was a template one stored on my computer. Obviously the details need changing in order to suit what belongs to you and what doesn't. This is effectively the same as swearing an oath in court so is a very serious declaration - you don't lie on it unless you're willing to face the consequences. However, as long as everything there belongs to someone other than the debtor, you should have nothing to fear. Bailffs will only force entry as a final measure, so the chances are if you don't answer and are not in sight they will go away. Obviously if they start hammering down the door, let them in. Don't panic as your brother has not signed the WP so it has not been signed by the debtor. I am making a broad assumption here that perhaps I shouldn't, but I have assumed you are the sister, or are you a brother? If sister the bailiffs should fairly easily be able to be shown that you are not the debtor. Just have something else with your signature on and you should be fine. If you feel things are getting out of control - the WP is not legal for reasons stated above, call the police. If at all possible if they do come (bif if!) try to record everything.

No, show it to the bailiffs as proof the stuff does not belong to you nor indeed your brother. Have a copy of it so they can't take the original - basically don't trust anything they do!

Two things. 1. As it is your signature on his debt I doubt the WP is valid, but that won't stop bailiffs trying. 2. You need to get a Statutory Declaration / Sworn Affadavit done. Pop into any High Street solicitors and for around £10 they should do it there and then. Modify the following to suit your circumstances: SWORN AFFADAVIT *_STATUTORY DECLARATION _* *To: Whom it may concern. * *I:* Mrs. Jacqueline Wilson *Of*: 68 Dormer Avenue, Tamworth, Staffs B77 3LX *Do solemnly and sincerely declare that*: I live at the above property with my husband, Mr John Smith and my daughter; Miss Claire Smith. The purpose of this Statutory Declaration is to confirm that all of the items listed on the attached Schedule (One) are all owned by me and were acquired from my own funds. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835. The Signature: Declared at: As to whether they can force entry. If the original Walking Possession were to be treated as valid, which it should not be as you are not the debtor, then yes they can. I would suggest phoning them to explain, or phone the Council and tell them what has happened and insist they call the bailiffs off. If necessary go to your local coucillor and get them involved to help. By rights you should be OK, but knowing bailiffs I'd take every action I could to try to prevent them doing anything.

Have Cattles actually hit the wall yet. I thought they were still trading and winding up Welcome and their debts. At some stage they will have to call it a day with Welcome and say we've got back as much as we're going to. Anybody any idea how long this normally takes? I know another big company (not finance) that went to the wall and they took about two- two and a half years before they stopped trying to collect debts and totally wound up the company.

Hi Sophie, You need to have a look at your credit file as you may already have adverse markers against you. If this is the case it could easily transform your view on how you are going to deal with your debt, which is only a small amount, and have a bearing on the length of time over which you intend paying them. From what you say it sounds as though you have a fairly substantial disposable income. You won't know this for sure until you have filled in the IE sheet, so try to make that a priority alongside getting your CRF - you can get it free online. The IE sheet, as mentioned, will work out pro rata payments which is what you then offer to each of your creditors. I cannot see you getting away without any negative data on your file though, so given this, you want to get the defaults etc.... onto your file as soon as you possibly can so that they fall off as soon as possible. Work through the above and then post back.

After 6 years they fall off your credit file, so those that are nearing that time limit I would do nothing on and let them go SB and fall off the credit file. Getting things removed from your credit file is difficult at best. If you are 100% positive that a debt is not yours, then it is the CRA's Data Controller you need to deal with. It is they who are personally accountable for the accuracy of any data held on you. The DPA 1998 has eight enforceable underlying principles set out in Schedule One of the Act. I think off the top of my head it is number 4 that states All data held shall be accurate...... Obviously if this is not the case the Data Controller of the CRA needs to either correct the problem or be held accountable for not doing so when the problem has been pointed out. Make sure everything is in writing.

Bankruptcy should always be considered a final action. We were advised four years ago to stop all payments to non priority debts by CAB. We did this and have since kept asking people to make us bankrupt - they won't. They threaten it, but when you then say yes, please go ahead, they won't. For us it is sensible as I am banned by medics from working for the rest of my life (I'm only 47). I have a small pension from when I was a Headteacher, but massive debts (nearer 100K than 50K!!!) We have lost our house and have nothing of any value. Thus BK is the logical route for us. Our problem is we cannot afford the money to pay for it ourselves and noone will actually make us bankrupt, particularly now the fees have just increased and at some stage the rules are going to change and it will not be an appealing option at all - unsure what date that is. If you can clear these in 5 years personally I'd dismiss the thought of bankruptcy and continue some hard negotiations to get debts paid off as soon as possible. Have you got an up to date IE sheet? From reading your thread, it seems a DCA is preferable to the OC as the DCA will not charge you interest. As mentioned above, if you could list your debts, who they're to and how much you're currently paying. Also how old they are, and the OC if they've been passed to DCA's. If you can also give an idea of your disposable income we can begin to look at a clearer picture and maybe offer more constructive advice.