OK! Thank you

H

I certainly plan to CCA all of them in the days & weeks that follow, the better to define exactly who holds what cards.

Then if I do realize a bequest, then I will know exactly what to offer who.

I may be nearly 62, but I'm by no means old and I really REALLY want this monkey off my back!

Too much and too many things to do to have the legacy of my past generosity haunt me for much longer!

Do you mean stop paying them entirely?

If they suspec ted that I'd landed a job, and I'm looking still, then they'd be in court for the money asap is my guess.

Thank you,

At least I know now that I have no overstated my point.

It is a shame that the solicitor I have used before is now retired. She was known to be quite direct and forthright with those that crossed her professional path!

Anyway, the letters will go out tomorrow am.

Do you think that if I do get a job, I should re-instate the original agreed payments, or just leave things as they are?

Thanks again

H

Good morning then!

I have attached the letter I propose to send them advising my new address. Your comments would be appreciated.

Dear Sir,

Since I last contacted you, advising you that I had lost my job, I have been staying with family and friends in order to maintain a ‘roof over my head’. I am writing to you now to advise you of my current address.

Please take note, however, that the reason I am at this address is to be a live-in carer for my mother who has advancing Alzheimer’s. She is defined as a Vulnerable Person under the Mental Capacity Act 2005 and the Mental Health Act 2007 and therefore must not be caused concern, upset or distress.

Clearly telephone calls to the home number would cause great confusion and distress. You are therefore given notice that you, or your representatives are not to call the home number at any time or for any reason. Should you do so, this will be construed as a deliberate attempt to cause upset and distress to a vulnerable person and suitable remedies will be sought and pursued with vigour.

It therefore follows that any and all communication with me shall be in writing and I am perfectly prepared to respond to you this way. However, please be advised that my mother, in not understanding what the letters are about, may very well dispose of them as she has done with others in the past. You are hereby advised that while you may have posted a letter to me, there is a distinct and real possibility that I may not get it. Therefore be advised that, for the sake of expediency, all correspondence should be by email. That way you will know that I have received your communication, and my mother cannot dispose of it.

There is an implied licence under English Common Law for people to be able to visit me at my home without express permission; the postman and people asking for directions etc, (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. Per Lord Evershed MR).

Please take note that I revoke said licence under Common Law for you, or your representatives to visit me at my home.

Should you do so, this will be deemed a deliberate attempt to cause distress and upset to a vulnerable person. Further, you will be liable for damages for a tort of trespass. In both circumstances action will be taken, and in the case of causing distress and upset to my mother, will be pursued most strongly.

Please be assured of my best intentions, and note that I look forward to receiving your acknowledgement in due course.

Hi Sabresheep,

Thanks for for your concern, but my wife & I are no longer together. To elaborate, I am single now & have been since Oct 2009. I'm just living with the financial penalty of it. Not all cancer's victims have it!

I have been paying the debts, at various levels since my chat with, (and I/E forms from), the CAB so I am not sure I can say the debts are either unrecognized or unenforceable. My understanding may be 'off' though.

The letters will go out today & I will head the text as you suggest. I know I will get plenty of mail as a result, but at least it's all above board then. Perhaps, since I have never missed a payment to them, they have not pursued me since I've been moving around.

So, I propose to:

1. Tell them where I am, to keep them 'informed' and minimise the risk of a CCJ.

2. Tell them why I am where I am, (sole, live-in carer for my Mother who has Alzheimer's and is therefore a 'Vulnerable Person as defined by the Mental Health Act 2007).

3. Tell them that the only contact is to be by letter, because of the above.

4. Make them respond to the CCA requests, to define exactly who is responsible for the debts are if they are enforceable.

Your thoughts are greatly appreciated.

Incidentally, If I did manage to get a reasonably well paid job, do I have to tell them?

Thanks in advance

Hi Guys,

Thanks for that. My gut feeling is to tell them where I live and deal with the letters as they arrive.

I do want the monkey off my back though, and my feeling about telling them not to call & why is still there.

I do not want the courts involved at all, so I'll send letters off today advising them of my new address.

The matter may very well be resolved this year anyway.

But if, as I suspect, I come into some money in the near future surely they could say that I should pay them more.

And if I did get a job, then surely they could legitimately say that I should pay them more.

If I was bequeathed something, as my mate did who was bequeathed a racehorse, then couldn't they say I should sell that to fund the debts?

There are so many questions. I won't speculate about what I may, or may not be lucky enough to benefit from, but it's a potential and for sentimental reasons I would not wish to be forced into losing something!

TBH I've often thought of that, but they would just:

A. start the forest as you say, then

B. Wider and deeper scrutiny, (I have a v small pension), which may in turn lead to

C. Contact with an employer if I got a job, (and I'm looking)

D. Pursue me through the courts, leading to a CCJ, which would create

E. Issues with the wider family, (and my presence here is the subject of expressed guilt), and

F. Mean that I would be going back on my word since I told them I'd put the payments back up to a higher figure if I got a job again.

I do not want to create problems where there is relative quite so far.

What I want to achieve is to prevent them calling the house & causing distress and upset to Mum, and to leave me alone until I can get sorted out.

Do you think I should tell them where I am?

Credit was easily available when I took out the agreements, all would be well now if cancer hadn't intervened.

I am paying £5 per month to each since I lost my job in 2012 and before coming to look after my Mum.

I think I need to make sure that I'm only paying the ones I need to though.

There have been so many letters and shifts of who I'm supposed to be paying that I've kinda lost track.

There are standing orders for £5 in favour of Capquest, MDRL, Sainsburys, Halifax, MBNA & Capital One

and yet the noddle file doesn't stipulate either Capquest or MDRL.

It's probably the same things, but I'd like to be sure!

On the advice of the CAB I opened and bank account somewhere else,

and I've been studious in making sure that account is in good order.

Your advice re next step would be appreciated.

Hi again,

Back home now, so here are the details:

Arrow Global: I believe this to be a virgin credit card.

Balance: £9901

Dafault balance: £10904

Status: default

Account start date: 26/11/2008

Date of default: 30/10/2010

Capital One

Balance: £4371

Default balance: £5039

Account start date: 23/08/2007

Date of default: 11/06/2010

Account holder status: Gone away

Halifax credit card

Balance: £3281

Default balance: £3724

Account start date: 22/06/2005

Date of default: 25/10/2010

Abbey credit card

Balance: £3820

Default balance: £4211

Account holder status: Gone away

Account start date: 07/11/2007

Default date: 08/07/2010

Arrow Global. I think this is a Sainsburys Bank loan

Balance: £5758

Default balance: £6564

Start dare: 15/05/2006

Default date: 07/09/2010

Hope this helps.

Thank you, in advance.

Hi again,

I don't have the details to hand where I am at the moment,

but as soon as I can I'll list the full details for you.

I can say at the outset, none of the debts are secured.

There is an Abbey bank account,

an Abbey credit card,

an MBNA credit card and

a Halifax credit card.

There is also a Sainsburys Bank loan which I took out in order to give my then wife a fantastic time at what was supposed to have been the end of her life.

She had been diagnosed with an aggressive brain tumour, the long term prognosis for which was 3 years!

She survived, divorced me and I have been left with the financial penalty!

Details to follow.

Thanks again.

Hi,

I am paying them, both directly and through Capquest, Arrow and Moorcroft who I was paying the agreed amount,

but lost my job and dropped it to £5 each for all of them.

I wrote to each of them explaining my circumstances and, albeit reluctantly, they accepted that with no job and being 59 at the time, £5 was all I could afford.

I set up the standing orders and 'went to ground' via a relationship, which ultimately went sour.

I then ended up looking after my grandchildren and while there I discovered my Mum's Alzheimer's had progressed to the stage

where she needed my support to maintain her independence and I've been there since Oct 2012, as her sole live-in carer.

I still maintain the £5/month, but I have not informed my creditors of my new address.

My new address is on my credit file, but would need active research to find it.

That's why I think Capquest got lucky via the Electoral Role or were told, in order to find my Mum's number and hence contact me.

I do have some questions that I need answers to, vis:

Do you think I should tell them officially of my new address, or leave things as they are?

(I denied I was there to Capquest when they called).

In just over 3 years I will be 65 and liable to reduce the payments to £1/month.

Do you think they will write off the debts at that point?

If at some point in the future I achieve a position where I could put the payments up should I, knowing my rapidly approaching retirement?

If I do come into a little money, even if it's only 10% of the debts,

do you think they will accept this as full and final, in light of my age and the prospect of a reduction to £1?

Would it be worth contacting the owners of the debts indicated on my credit file to establish exactly who owns the debts and exactly how much is outstanding?

Thank you

Hi again, Are you ex forces?

Pay Corps perhaps?

It's just your avatar gives that impression.

I'm ex REME

HI,

I've downloaded it from noddle and printed it out.

There are a couple of 'gone-away's' there, but there's no mention of Moorcroft or Capquest, just Arrow Global.

Wat exactly do you need to know?

Yes, the original creditors

Hi,

Sorry, I thought I was doing the right thing!

I've not sent the letter yet, it's in the car.

Is there a more appropriate letter I should send to stop any and all calls, either telephone or personal?

Hi,

I've checked my credit report. I score 1/5

There is a Late payment against my amex card cos I forgot last month. It's up to date now though.

All my Nationwide accounts are up to date.

The only outstanding issues are for the creditors.

Curiously, crapquest are not listed, just the prime owners of the credit. What does this mean?

Hi,

Thank you for all that.

From elsewhere on here I got a letter together,

post the call, and I have put it below for your information.

I do intend that I address the 'full and final' situation as and when I can too.

Not least to get this monkey off my back!

here's the letter. Amended to protect the innocent!

[removed - out of date and irrelevant old letter] - dx

Thank you for your advice. I thought that instead of letting sleeping dogs lie, I'd rattled their cage and woken a monster!

I'm planning to make an offer in the next few months of about 10-15% of the total bill & ask for a full & final settlement. I'll be 62 in a few months too, so the chances of them getting any more out of me a very slim. Very slim indeed!

Hi Silverfox,

Thanks for that, it is most helpful. Sorry I posted the questions in the wrong thread, but all well etc.

I am grateful and I'll take on board what you've said.

I can't access either of these links. Says I have been blocked/disabled.

Had a call at home tonight from capquest. Don't know where they got the number from cos I moved back here to be my mother's carer.

Need the template to stop the calls an also to deny them access because my mother is defined as a vulnerable individual under the Mental Capacity Act.

Help

BTW, I am registered to vote here, that maybe where they got the details from!!!!!!

Bugger!!!!!!!!!!!!!!!1

Hi all,

I've been reading this thread with a great deal of interest due to a letter I just received from Capquest.

They say that I have a debt with arrow Global and that my payments should now be made to them. I have no such account and have been making no such payments! I propose to ignore the letter. Do you agree?

But to the relevance of the thread.

Post a disastrous divorce caused by a brain tumour, I was left saddled with about £30k of debt.

Via CAB I arranged for a repayment plan for my creditors and in due course all my creditors sold the debts on.

All was progressing as it should until I lost my job.

I told the new owners of the debts of my plight and explained why I was reducing the payments to £5 pcm.

That was in 2010. I am now 61 and am my mother's carer because she has Alzheimer's.

However, over the next month or so, I may come into some money and I would like some advice about what to offer my creditors to pay off the debts completely.

The answers I need are as follows:

1. What actions should I take with each of the creditors in order to establish exactly how much I owe? ie, is there a standard, guaranteed-a-response formula.

2. Are they liable to visit in the interim, (it would seriously upset my mother), and how can I stop that?

3. What is the likely response from my creditors?

4. Recognizing that my initial offer of 10% is likely to be rejected, how much should I go up to?

Your advice would be most welcome.

H

Hi all,

First post here after reading through your excellent site. Please be gentle. Apologies if it's in the wrong place.

I went through a disastrous divorce and had to move out of the family home. As a result my expenditure tripled and my income remained the same.

I approached the CAB who were most helpful and they organised an equitable payment schedule based on my income and expenditure form,

and I set up standing orders in favor of my creditors. All was well for about 2 1/2 years until I lost my job.

I wrote to my creditors, (including the DCAs), explaining my situation, that I was looking for a job

and that I would be reducing the standing orders to £5, but since I was 59 the prospects were not good.

My mother has alzheimers so with a view to her care I have moved back home and have survived on what little I have and her generosity.

I have a job now, but it's temporary and it will finish in July.

I will be 60 this summer, so the prospects are bleaker and my time here may be limited by my mothers' needs.

I have some questions, however:

1. Do I have to tell my creditors where I now live?

Given mother's increasing distress,

I do not want her worried and I certainly do not want anyone calling at the house.

2. Can any and all communication with my creditors be done by email?

3. Given the situation, I may come into a small amount of money.

How much, as a % of the outstanding debt,

could I reasonably expect my creditors to accept to consider the debt repaid?

You help will be gratefully received.

Hi Victoria,

Thanks for that!

I wonder if that means I can now stop paying MBNA through whom I took out a Virgin CC?

Since they will swear blind I'll demand a copy of the letter they sent to verify the action.

I have no fear of these kind of people. It is not my fault I am in this situation. There are more victims of cancer than those who have succumbed to that awful disease.

Bring it on, they can't have that which I do not have!!!

Nolli illigitimo carborundum!

x

B

Hi Guys 'n' Gals,

First posting here so be gentle!

I had a CAB generated agreement, (early 2010). with my creditors which got me out of seriously sticky situation. My wife had developed a rightside brain tumour, (Glioblastoma Multiforme Grade 4), which completely changed her. She became delusional and developed serious personality changes. She ended up divorcing me and I lost everything, (except the debts in my name).

Setting up a rented flat and furnishing it was done minimally, but I had work so.......

Now out of work since mid March 2012 and have written to all my creditors to get them to reduce my payments to £5 each. Sent them all a breakdown too. Adjusted the standing orders to reflect the situation and they have been in place now in March and April. They all appear to be happy now, but at 59 this later this year, the prospect of getting fruitful labour is somewhat dim!

I received a threatening letter while I was away visiting my Mum from HL Legal saying I hadn't paid and if I didn't respond by 17th April I could face court action.

I've written back today detailing the payments I've made and I'm not really worried about HL at all. I'm making the payyments as I said I would!

My concern is the on the advice of some members here, I signed up for Noodle and lo, there are Idem, where MBNA should be!!

No-one told me my liability was being sold to Idem and Idem have not written to me.

My questions are just a few:

1. Are MBNA allowed to do this without informing me?

2. Do Idem have a licence to be able to collect my debt?

3. Will Idem have to honour my agreement?

4. Is there anything I can do to get them to write off the debt given my age/employment prospects?

I look forward to your knowledgeable response.

In the meantime.....£5 it is!

Hi all,

I have been reading the messages with a great deal of interest since I already have agreements with my creditors in place courtesy of the CAB after an extremely damaging divorce, (both mentally & financially), and incompetent solicitors.

My job has changed and I now find that I can no longer meet the arrangements I have in place and I'm sinking!

I received a letter from Capquest this Saturday to tell me that the account I had with Halifax has been passed to them.

There are instructions to contact them by 02 Feb 2012 and failure to do so will result in my account being passed to HL Legal.

I know with what contempt you all and I hold these jackals so I thought I might put this out there and see what transpires.

I do plan to write to them. Damned if I'll phone, (although the contributor who installed and 0870 No as their own seems to be a great idea. More on that please!!!

Cheers

Hamadryad