This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi thnks for your reply. Am really struggling financially and having read around on the forum, thought (maybe mistakenly) that if they can't come back with enforceable agreements I might be able to get them to accept reduced payments. Maybe I should just write to them all with an income/expenditure form and ask them to accept recdued payments. BUT won't they still record these reduced payments on my credit card file? Won't the final outcome still be the same? i.e. credit file will be rubbish

Hmmmm I think I have misunderstood - I thought it was a criminal offence for them to register your details with a CRA if the debt was unenforceable and also against Data Protection etc. I am confused now!! I dont currently have any other defaults, BUT this is only because I am robbing peter to pay paul every month and am so stressed with it. I don't want defaults on my credit file, but at the end of the day I don't want more credit anyway so am thinking does it really matter if they do? Its just the principle of them doing it that ticks me off if it is illegal for them to do so. What recourse do you have in that case?

Hi all I spent 13 hours!!!! trawling through the site yesterday so am a bit bog-eyed this morning. I cannot believe that amount of information on here! Anyway, I have decided to CCA my credit card and loan companies to see whether they can provide an enforceable agreement. I do however still have a few questions which I haven't been able to answer in my post reading... 1) I am currently up to date with all payments - if they cannot provide an enforceable agreement am I right in thinking that they cannot default me if I stop paying until they do? 2) Are loans covered by the CCA rules? 3)All of my cards and loans are pre-2005 They are: Egg (green card) (prob pre 2000) Nationwide (credit card) (prob pree 2000) Amex Gold (prob pre 1995) Egg Loan (pre 2000) Given people's experiences what are the chances of these companies having enforceable agreements? Thanks for taking the time to read this and for any help that might be available Riv

Thanks Fedup - I am going to send off CCA letters first, and see what comes back and then think about whether I want to go down the DMP route. From what I have read, if I enter into a DMP my credit file will be shot anyway, so I might as well go the CCA route and see who can provide enforceable agreements. Can't believe how helpful people are on here! Thank you!

Hi Pinky - thank you! How do I pm you?? LOL

I wonder if anyone can help with this one? All of my credit card and loan accounts were opened prior to 2005 except one which was opened in July 2007. I am now struggling big time to meet the monthly commitments unless I don't eat and always run out of money before running out of days in the month! So, I was wondering whether the best bet was to write to all my creditors offering token repayments or whether to send CCA requests to find out which of my debts are enforceable, with the idea that if any of them aren't then i will have more negotiating power regarding the pro rata payments with them. Has anyone gone down this route and if so which way would be the best to go in your opinion? Many thanks in advance

Thank you both, I really appreciate you taking the time to reply. Sarah - that is good news - I did request a call from payplan today, so will await their call. Mozzat - I managed to get onto my details on 3 of my credit card accounts today and changed any phone numbers to my mobile number So just the Halifax to worry about as I don't have online access with them - might just write to them and tell them my only number now is mobile number. Ok, so not sure what my next step should be, I migh actually just write to them all offering pro-rata payments and see what happens, and then cca the ones that are difficult. Or should I cca first before there is a "problem" paying them? I will need to pay this month's minimum payments (god knows how!) as I don't have 12 working days before the next lot of payments is due (1st Jan), so am I right in thinking that I can't cancel all my dd's etc without writing to them first? Thank you

Hi not new to the forum, but have had my light bulb moment and need to tackle my debts. I currently have unsecured debts of approx 42k. I have had a good read round the forum and before I can start to tackle these debts via CCCS or Payplan I have a couple of questions: I am self employed - does this bar me from using CCCS or Payplan and if so, where do self employed people go for help (I own a Ltd Co.) The phone number all my credit cards/bank have is the one I use for my business (and home phone) and I don't want my business partner/staff to pick up the phone to any creditors!!! Any advice here? the number is highly advertised on all of our company paperwork etc so can't change it. I am currently on a fixed term mortgage (all payments up to date and I intend to keep it that way - it is the credit card ad loan repayments that are crippling me). BUT this mortgage ends in Aug 2009 and as I took the mortgage out when I had a full time job with a 42k salary, I am not going to be able to re-mortgage with someone else as I don't earn that much anymore (I currently take home £2100 a month - mortgage repayment is £1096). Will the mortgage company just move me onto their SVR or offer me another deal without having to go through the process of proving my income again? and will they have to know if I am on a DMP and will this affect them giving me a new mortgage or moving me onto a SVR with them? Has anyone had any luck (before approaching their credit card companies re financial difficulties) of writing to them and asking them only to deal by letter rather than phone or perhaps asking them to remove landline number from their database and only use a mobile? This would solve the problem of my business partner/staff picking up the phone to them. I currently have a mortgage of £170k and have no idea what house is worth now but was worth £218k when I bought it 3 years ago. Many thanks for any advice/views in advance...

Congratulations on getting your money back!! Can I just ask a quick question? I am claiming my brother's fees back on his behalf and we have a court date of 4th December. We have sent the court bundle to SCM but not received theirs (it was due with them by 11th November and we were due to have ours by then as well!) When we sent the court bundle we included the paragraphs from the letter about them saying they wanted more time to negoatiate on their AQ, but had heard nothing from them (their AQ was filed in AUGUST!) What should I do now - I don't have their evidence - they have mine - should I send the bundle to the court as the case is creeping nearer? Any advice greatly appreciated.

The cheque doesn't have to be from an HSBC account - do you have an account with someone else now? Send the cheque from that account made payable to HSBC

Thanks Freebird - I called the court yesterday and they are sending a copy

Here you go Freebird......... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/29010-rivendales-brothers-claim-against.html Riv

Sean if it is of any comfort I had something like that from the court (not about the same thing that you did) but I wrote to the judge telling him I would like to amend my particulars of my claim.. included another N1,... and got an order back saying that I could and the defendant was also then provided with a copy of my updated claim by the court.. You may well have to pay a £35 fee though if you want to change your particulars of claim on another N1.. Hope this helps

In the templates library there is a thread on completing the AQ

As long as it is clear on the letter that there are 2 accounts and each schedule of charges is annotated with the relevant account number I can't see a problem.

If you did the copies on different dates you would get different figures because the spreadsheet calculates how many days for each charge and then works out the interested figure... for instance if you did it on Monday it would be one figure and then did it again on Friday it would come out as a greater figure because another few days interest had been added... I hope I have understood correctly and not confused you further!!

Its just a template letter - stick to your timetable would be my advice.. Riv

One last thing!.... Having read other people's posts they have received a copy of Lloyds AQ - I have never received a copy - should I have??

Hi Freebird - I have just spend 90 mins reading your thread - you are an absolute inspiration - If I had been you I would have been down to Brighton and dragged Mr T's sorry *ss across the desk by now. Just to say I am on the same timeline as you with my brother's claim - have been given a court date of 4 Dec but they didn't ask for a stay with the claim as far as I can make out. To be honest I don't really understand what I am supposed to be doing at the moment!! LOL I got an Order from the Judge the other day (detailed on my thread) and have posted some queries, so just hoping someone can help. Anyway, I am going to continue to watch your thread, keep your chin up - you are doing great! Riv

Further to my last post - the court date is actually 4th December at 14.30 hours:eek: We have received an Order - Timetable for a small claim The court directs of its own initiative that: 1. The parties shall serve on each other within 3 weeks of the serviice of this order copies of their evidence and bring the original evidence to the trial. The parties may not reply on evidence which has not been served in accordance with this order ithout the court's permission. 2. The parties shall try to agree any amounts claimed subject to liability 3. The parties may not rely on expert evidence without the court's permission 4. The parties may apply for further or other directions after seeking each other's consent unless impracticable 5. The claimant shall deliver t the court and the defendant at least a eek in advance a bundle for use at the trial. etc etc etc Not sure at all what I am supposed to do now??!! I am particularly interested in point 2 - does this mean they want me to try and negotiate with Sechari and Mitchell Solicitors for Lloyds? Please help! Many thanks

An update on the situation.......... we sent back everything we were asked to - received a notice back that the Judge would let us amend our claim (which he copied to Lloyds) He then gave either party 7 days to apply for a stay. After the time had elapsed we rang the court and she said that Lloyds hadn't made any application and that we could now request judgement. We wrote requesting judgement a week ago last Thursday and this morning my brother has received another General order of judgment saying that the case will be going to court on 21 December!!!!!!!!! How can that be? Why didn't we get the judgment? Are Lloyds now actually going into court with cases?