problem with credit purchases

[ollie79]

dear all,

 

I have a problem and its to do with debt. I hope someone here can offer a perspective than my own.

 

I have been reading for a few weeks in order to understand the situation and capabilities of most people here and to place my own. The total I am being chased for by the most troublesome creditor seems relatively small, sub £6k - but I guess that does not matter as it is the action the DCA takes that is important especially if the debtor is vulnerable, to be honest I would place myself in that category right now.

 

I am hesitant to describe the situation in detail as I would have liked to, having read of the person whose offer was removed due to having posted on here and the apparent monitoring, so I will try in approximate terms. part from the creditor which I'd be pressed to conceal, this is Black Horse and now Nationwide Collection Services.

 

I have been signed off work for the duration with mental illness, I dont have any money, assets, house or car.

 

i dont want to confuse things with a long history, but simply-

 

- this summer, i write in CAB-preferred format, recorded delivery saying that I am still in work but have run out of money and am experiencing stress and pressure from debt, and offer a pro rata repayment based on income & expenditure, with sheet. I visit the CAB to check my options but they are oversubscribed.

 

- harassment campaign from black horse, countless letters and agressive phonecalls, as many default notices as you like, no consistency from one call to the next. I write once more recorded delivery with a copy of the previous letter, no response of course.

 

- more recently I get ill, get signed off. visit CAB - they advise writing registered post to all (10 including BH) (NOT recorded as I cant afford it) and asking for suspension of payments. they say if it goes to court the judge should be able to see I have done my best, and though this will mean CCJs in BH's favour.

 

- BH dont respond to letters, obviously, and refer debt to Nationwide Collections (I believe this is their own company, since it makes no effort to hide the same font and letter format and so on, but i dont understand the liabilities or their powers). this is for one of the three accounts, i am expecting the same for the other two imminently. dates of CCA's were from 05 to mid-06.

 

 

Can anyone advise as to whether they agree with the CAB's suggestion and what if anything i should communicate to 'Nationwide'?

 

If its relevant, I worked in the shop where the CCA's were done (by my colleague). Hows that for karma..

 

 

I am mainly looking for advice here as I am at a bit of a low stage in life and do not want to make things worse with walk that cannot be backed up with talk (!) and I appreciate anything anyone can offer.

[Chris_w]

First of all welcome to CAG

 

Have a look here it's a brilliant ref page save it to your favorites

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html#post436526

[Chris_w]

You should find all the template letters you need here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[Chris_w]

What kind of debt is it? Credit Card, Loan or overdraft.

 

You say you have already got some defaults, and IMHO you may well end up getting some CCJ's. so the course of action you should be taking now is damage limitation

 

I think you should write to your creditors using the letters in the link and make every effort to resolve the matter out of court.

 

From now on only write to them and send recorded. Keep copies of every letter sent and recieved DON'T SIGN YOUR LETTERS just type your name.

 

They will probably ignore your letters or refuse to negotiate, and just continue with their bullying tactics. Keep a log of all phone calls recieved time, date and number but refuse to speak to them and ask for whatever they have to say in writing.

 

You should consider sending CCA requests depending on what type of debt it is, It could be that some of the debt is unenforcable.

 

You should also consider sending a S.A.R - (Subject Access Request) it may well prove that some of the debt is made up of charges, and reclaiming theise would reduce your debt.

 

If and when they get fed up and decide to take you to court you will be able to prove to the DG that you have done everything possible to resolve this out of court, and that they just wouldn't budge. The DG will take a dim view of your creditors and if you are still living hand to mouth you would probably be ordered to pay £1 per week or some such token payment.

 

The main thing is don't worry about this to the point where it is affecting your health it's not worth it.

 

Keep in touch on here you will be given loads of support and advice from people who do care.

 

The site helpers like curlyben, discmandave, bookworm and tomterm8 are brilliant and can probably give you better advice than me.

 

Your not alone Good luck

 

Chris

[tooth_fairy]

Hi Ollie

Welcome to CAG.

 

I know things are feeling pretty rubbish at the moment but you have taken the first steps to feeling empowered

 

You have done the right things in requesting your CCA's from your creditors, you say you can't afford recorded delivery, you can get a proof of posting free when you post your letters at the post office counter, although it doesn't prove delivery, it does prove you have sent the letter.

 

Personally, I don't think that the CAB have the best tack on debt management and counselling. They don't seem to hold much sway with the creditors. Only when you have received all the correct and enforcable paperwork (CAG members can help you with whether your agreements are enforcable), you may wish to consider contacting Payplan Free Debt Management company | Payplan or the CCCS CCCS - Free Debt Advice from the UK's Leading Debt Charity for some help about structuring your payments to your creditors. They can both advise you if it is better for you to be paying £1 per month or to enter into a debt management plan (DMP- but only normally if you have £100+ a month left over after all your expenses) or possibly even IVA if you have over a certain amount of debt.

 

Both are excellent and I would recommend talking to them, even if you decide not to go any further with them.

 

However bad things may seem now, you are not alone in this and if you hit any snags or problems, let us know and we can try to help.

 

TF x

[babybear39]

Hi ollie and welcome

 

National Debtline England & Wales | Contact National Debtline

 

Try these people as well, thier service and advice is excellent and free.

 

Good luck and best wishes.

[ollie79]

Hi everyone, thanks so much for the welcome and all the info.

 

You are right, its key not to let these things get on top of you. I have done many a time and still do at times, but you have to keep a grip and a sense of whats most important.

 

ChrisW - To expand I have been sending letters from National Debtline templates since June to approx 8 creditors, including

 

Capital One card - approx 250

Dell (CIT) - finance on a PC (approx 400)

BH - 2 goods purchases over 48 months and one joint loan (approx 2400)

brit gas, npower - closed fuel accounts, roughly 1500

 

Only BH have gotten heavy but I expect the others to, bar Capital One, maybe.

 

My only income is benefits and the CAB made me do a budget, which they then checked and declared that I had no money, so I was best to write and offer none- not even £1 token, and then let a judge see that I had done so if it came to it. Its interesting that you say not to sign - I guess this way Im not culpable for the last offer of mine they SAY they received?

 

I guess Im here because I want to make sure I know all the options and not just this one. The CAB said they wouldnt advise me if anyone else had been doing so, so I stayed 'monogamous'.

 

Toothfairy - thanks for your encouragement - I havent requested CCA's - I have been reading but Im not sure I understand the ramifications of doing so, given that Im sick and benefit dependent.

 

I guess you could say Im weighing up whether the fight it may cause, is more than I can handle. On the other hand I dont want to sit and get 4 CCJ's if I can avoid it.

 

Babybear - thanks I will have a look at those.

[tooth_fairy]

Ooops I read your post incorrectly.

I would get your CCA's as a matter of priority, even if they are all perfectly valid, it is good to have them to hand, in case you ever need to query anything.

 

If they cannot provide them, then there is no enforcable debt and you can deal with the creditors who do have valid CCA's.

 

For the price of a few stamps, it's worth it.

 

I would just add that the utility debts won't have CCA's, they are not covered by the CCA legislation.

[babybear39]

You're very welcome ollie

[Chris_w]

Ollie

 

The reason I said don't sign anything is, if you do send off a CCA request and they can't find the agreements they will employ the use of a scanner and make some new ones

[ollie79]

Ollie

 

The reason I said don't sign anything is, if you do send off a CCA request and they can't find the agreements they will employ the use of a scanner and make some new ones

 

Wish I'd come to this forum before.. they've fully furnished with a pile of them now - and Ive no doubt they would do that.

 

thanks anyway chris

 

edit - is there examples of them doing this that you have read of? and if so is there any way to counteract it?

[Chris_w]

Yes there is clear evidence on a couple of posts on here. as regards counteracting it, it would be very dificult to prove unless you had copies of the letters you sent, and could compare your sigs.

another tactic they use is to write and say we need to prove who you are please furnish us with five signatures etc.

[Chris_w]

Ollie check your messages I hope it helps.

[diskmandave]

If I may add my 2p worth...

 

Ollie, the advice that's been posted so far is great. However, what i'ld suggest if you already haven't done so is to contact, in the morning, the Consumer Credit Counseling Service. They are a registered charity and their advise is professional and without fee. Here is a link to their website service;

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

Your debts aren't as huge as many that we see here but i'm willing to bet that they're having a major impact on your life. There isn't anything that can't be achieved by sensible budgeting and planning for the future even when things look bleak. For this end that's why I always advocate the CCCS, from personal experience.

 

Good luck & best wishes. Regards, Dave.

 

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[diskmandave]

Ollie check your messages I hope it helps.

Could I add, for the record that this is frowned upon.

 

Advise given by (To/From), Private Messages that is incorrect, cannot be corrected as it can in open forum. To that end it is discouraged.

 

Regards, Dave.

[Chris_w]

Hi DMD

 

Ollie is very concerned that his identity could be compromised. he PM'd me with a simple question regarding paying for a CCA request without using a signature. I told him to use PO's

[babybear39]

Ollie don't forget to keep the PO numbers incase you need to check if they've been cashed And get then crossed and made payble at the PO to the company concerned...