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Big Shoooz

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  1. Hi, Due to ill health, I gave up work several years ago and at the time I was dealing with my debts through a DMP.[payplan] Since not working, I had to reduce my repayments and then eventually stop them altogether. this has caught up with me and I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors for an old Halifax credit card debt. I have somewhat buried my head in the sand over the past year or so and have become very lax in reading DCA letters. I really have no idea if I have ever received notice of assignments from Halifax or a letter before action from Cabot. I really can't afford to repay this debt of over £2000 and the worst thing is that there are many more debts waiting in the wings to go the same way. What is the best and first thing I should do now? Should I apply for proof of the debt and all the statements, etc and if so, how do I deal with the Claim form and will this put the claim on hold for a while? Sorry if I sound silly and confused but my head is spinning with this I've never been in this situation before. Many thanks in advance for any advise you can give.
  2. Ok thanks for all your help CitizenB....I've got some reading to do!! I'll give you a shout if there are any developments.
  3. Thanks CitizenB, I am currently "playing letter ping pong" myself but wonder how much longer it will be before one creditor decides to take further action. So unless I miraculously find the BR fee to make myself bankrupt, it seems that I could stay on the DCA merry-go-round for some time to come does it? And then possibly have CCJ's and then after a growing collection of those I will have to stop paying them and then........???? Who knows? Could the court send the bailiffs round (not that they would find goods of any great value)?
  4. Hi Citizenb, thanks very much for taking the time to give me all your useful information. When you say "it would not be in any creditor's interest to petition for BR as they will be unlikely to benefit - as you have already advised you have no assets so no home for them to threaten ! They will of course be aware that you dont own your own home by way of Land Registry checks." how would they know whether or not I have any other assets such as savings that would be worth their while petitioning for my bankruptcy? So, if my creditors go down the CCJ route and Mr Judge says I have to pay £1 per month because I'm on benefits, then I can't pay £1 per month, what happens next?? Obviously, I would be able to pay £1 per month to one creditor but the more that issue CCJ's and so the more the £1s add up, the less likely I will be able to pay.
  5. I seem to already be in the process of the DCA merry-go-round but just wonder for how much longer it could go on without further action. Surely, one day, one of them will get fed up and slap on a CCJ or a petition for my bankruptcy? Will they only petition for BR if they have done a CCJ first?
  6. Hi Dx100uk, that's fine but will take me some time to do but in the meantime I would still like to know what could be looming from my creditors since I am no longer making payments.
  7. Thanks Crocdoc, just done a check on Glasses and it's come up as follows:- Dealer = £1650 to £3610 Private = £1595 to £2500 Trade In = £1095 to £1630
  8. I have already done some CCA/SAR's on some creditors and I can keep going with the rest but I'm more interested in knowing the next step to me no longer making payments. What could be on the horizon for me? I have to tell you that my biggest debt is to Natwest Bank for a loan and overdraft which currently stands at approx £25k. Even though, until the last 2 months this has been receiving token payments through my DMP it now seems to have been handed to Capquest. I think any court action could come from them first.
  9. Where do they take the value of the vehicle from? Do they use a particular website to find out the value? I'd like to know so that I can double check the value of mine as it may not be worth as much as I think.
  10. Thanks for your response CitizenB In answer to your questions:- Are you in reduced payment arrangements with the companies ? Yes some of them Are they still adding interest and charges to the accounts ? Only the ones who haven't accepted token payments Do you know if there is any Payment Protection Insurance on any of these accounts - there wont be on the PDLs but there might on credit cards / loans. No there isn't on credit cards but not sure about the bank loan....it was started in the 1990's and kept being added to so maybe the early days included it but I seem to think the later days I declined it How old are these debts ? Anything from 1990's to 2 years ago With regards to the car, I do need a car so I can't be left without one. Surely, if I was told to sell my car for a cheaper one it's not going to make much financial difference because for one I would need approx £1k to buy another car before my current car was taken away and then there is all the financial hassle of re-insuring, re-taxing, etc and as it is now my current car is pretty maintenance free...if I got a cheaper (therefore older) car, it would likely cost more for upkeep, breakdowns, etc?
  11. Hi, I have debts totalling over £50k through various unsecured bank loans, payday loans, catalogues and credit cards. For several years I have been paying most of them through a DMP but since giving up work due to ill health and reducing these to token payments I am getting more and more depressed that there is no end in sight. If I continue to pay each creditor at £1 per month (which is now impossible to continue with since I am on benefits and the cost of living is increasing beyond my incomings), then it will take me over 300 years to clear my debts!! Some of the later creditors which are not in my DMP have never accepted token payments so they have been receiving nothing from me for the best part of 2 years. I know I can't continue like this and I would love to go bankrupt (I'm not too bothered about the stigma and my credit file is wrecked enough already). I am in a good position as I do not have any major assets as I do not own my home and the most valuable thing I have is my car which is 8 years old and probably worth no more than £3k. I have no savings. Could they take my car off me? Obviously I can't afford the BR fees so would hope that one of my creditors would petition for my BR but I've heard that many aren't keen on doing this these days...is that true? I also wonder, since I have so many creditors, who could be the first to petition and would they go straight to this route or the CCj route first? A CCJ would result in me making token payments but as I said before, I can no longer afford this so how would I go about it. Also, would I have to sit back and wait for each creditor to bring a CCJ or would they all happen at once? Sorry for all the questions but I just want to know what scenarios I may now be faced with since stopping all payments. I haven't paid anything for 2 months.
  12. Lol!! Ok, I'll relax and ignore it then thanks. Besides, if there is going to be any further action I would rather it come from the horses mouth (Natwest)! Thanks dx, I'll sleep well tonight now!
  13. It's just their last line says "If no satisfactory response is received by 03 Sep 12 your account together with all relevant details established will be forwarded to our solicitors for immediate action." That reads "WILL be forwarded to our solictors" not "MAY be forwarded to our solicitors" which is usually the case in a threat-o-gram.
  14. So this is definately just an empty threat?
  15. Hi dx, thanks for coming back to me. Damn, all gadgets are playing up at the mo so its quicker for me to type up the letter contents. The letter is dated 18th August but was received today. It reads as follows:- Our Client: RBOS (First point to note here is I don't recognise the debt as RBOS. I only know it's Natwest because of the amount owed!) A/c No: XXXX Balance: £23988.00 We have been appointed by RBOS Plc to contact you directly in relation to the above outstanding balance. Our client has instructed us to consider litigation by 16 Sep 12 if no satisfactory response is received. This firm, together with our solicitors, will endeavour to help and assist you in any way possible to clear your indebtedness without the need for legal action. However this can only be achieved with your full co-operation. We are presently undertaking various checks and validations to expedite legal proceedings. These checks will be focused on property ownership, through the Land Registry Office and validation of employment details. Your payment must be sent without delay to the address shown below. How to make payment and other useful information can be found on the reverse of this letter. Should you wish to discuss this matter and possible ways to resolve this issue contact us on the above telephone number. If no satisfactory response is received by 03 Sep 12 your account together with all relevant details established will be forwarded to our solicitors for immediate action. Yours sincerely (Squiggle for signature) Litigation Manager
  16. Hi, can anyone advise on my last post here please because Capquest are only giving me a few days to reply before they proceed further? Thanks.
  17. Oh Dear!!! Natwest must be pshycic!! Today I have received a letter from CapQuest ststing that Natwest has instructed them to consider litigation if I don't respond. Natwest have been quite happy for this loan to be repaid through a DMP for years and my credit report shows the account is "up to date" (although it was only last updated in July). Why would I now be receiving this letter from CapQuest and can further action be taken whilst I'm on a DMP?
  18. Sorry DX, me again!... Just had an afterthought, whilst the accounts will be in the PPI & charges claiming process, will they be classed as "accounts in dispute" and therefore cannot be chased by DCAs or OCs?? Should all correspondence to the DCAs and OCs also state at the top that "I do not acknowledge this debt"? Finally, my OH's Credit report shows one of the debts which is being chased by Westcot and which we understood to now have been sold to Westcot is actually showing as belonging to the OC. Why would this be? The report was updated on 2nd August.
  19. Thanks DX you have been a great help and have put our minds at rest
  20. Hi DX, Thanks for your help. So just so that I'm sure on a couple of things:- 1. So I could claim back as far as year dot (over 6 years ago) but if I did I would have to go to court?- for charges possibly yes - ppi no So as I will be making a separate claim for each, I can claim back PPI further back than the last 6 years without going to court but for charges I should only claim back the last 6 years to avoid going to court? 3. Can interest charges NOT be claimed? - no only on what has been levied on the ppi & penalty chrges [ the spreadshet will do that for you] on Can you please send me a link to or direct me to the spreadsheet you mention thanks?
  21. Thanks DX but do you think he should proceed with option 1 or option 2?
  22. My OH has several credit card and overdraft debts for which he has not made a payment for about one year. Initially, he informed the OC's of his financial difficulties and offered token payments but none have accepted. Since then, various DCA's have come and gone and to begin with my OH was also corresponding with them and offering the same token payments. Again, none have accepted. Now that the merry-go-round has begun and each debt is passed from one DCA to another, my OH has just started to ignore the letters. He's at the point where he's too confused to know which DCA actually owns the debt!! TBH he's quite happy for one or all of them to say they will make him bankrupt because he cannot afford to do that and he has no assets and we do not own our home so there would really be nothing to lose and the debts would be gone so there would be no more freaking out every time the post arrived. I guess there are now different actions that my OH can take and I was hoping you good people on here would have some sound advice on the best option to take:- 1. Avoid all contact with DCAs and eventually the debts may become Statute Barred (I know, this probably won't happen as further action will probably occur within the next 6 years, although I have heard of some cases on here where the DCA's have gone away for years). 2. Set about claiming all PPI's and unlawful charges over the years to reduce the debts down, THEN ignore every threat-o-gram thereafter in the hope that either (A). the debts will become SB or (B). Someone will proceed with bankruptcy. BTW, my OH wouldn't mind making token payments but this would take years to pay off the debts in full. Please help!! Thanks.
  23. Thanks DX, you have answered some questions and it seems I am in with a chance of reducing my debt but I still have more questions:- 1. So I could claim back as far as year dot (over 6 years ago) but if I did I would have to go to court? 2. Do I need to stop paying Natwest through the DMP whilst I am claiming? 3. Can interest charges NOT be claimed? 4. I possibly don't have all my statements so do I need to SAR Natwest first? Thanks
  24. I took out a personal loan with Natwest in 2005. Although I had previously had loans with Natwest going back to pre 1999, and this 2005 loan was just a re-finance of the previous loans so that I could boorow more money on top of what I had already borrowed and was paying back. Payments were always made on time each month until 2006 when I got into financial difficuly and I put the debt into a DMP where it still stands today. I have checked my credit report and at no time has the account defaulted. As I have had this account in various forms for an awful lot of years, I am thinking there MUST be PPI and lots of charges on it which I could claim to reduce the debt down (It started at £31k in 2005 and is now £23k). Can you please advise the following:- 1. Can I claim PPI and charges at the same time and whilst in a DMP? 2. How far back can I claim the charges from, just from 2005 when I refinanced the loan or from the earlier years when I first took out a loan in the nineties? 3. Which charges can I claim? Interest? Late payment? Anything else? I have been a slave to Natwest for long enough and now I think it's time I fought back for some of what is lawfully mine!
  25. Thanks Brig, I thought one of those trolls had hijacked my thread!! Seriuosly though, there is NO need for people to be like that as we are only lost souls looking for help!
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