Debt collection hell, need advice & someone to talk to...

[Hopeful1]

All my accounts were frozen, even the one with my benefits and student finance, so be prepared...

 

 

Hi BB

 

If you don't mind me asking - do you have any sort of bank / building / post office account now?

[babybear39]

Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

And hi Hopeful Hope you and yours are doing ok...

Edited July 18, 2008 by babybear39
forgot something

[Hopeful1]

Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

And hi Hopeful Hope you and yours are doing ok...

 

 

Thanks for that BB. I'm sure that will be helpful for Peepo - you can't beat hearing these things from someone with 1st hand experience.

 

Me and mine are ploughing on :o Hugs to you

[palomino]

Yes, my bank sent my total balance to the OR but the OR returned it saying they had no interest in it as it was benefits and student finance. I have a student account and a basic bank account.

 

 

Did you have student loan?

The insolvency website says "Student loans, since 1 September 2004 all outstanding student loans cannot be claimed in bankruptcy. They remain the responsibility of the (former) student to repay within the terms of the loan arrangement"

 

and "If you were made bankrupt before 1 September 2004 you may still have to repay your student loan. Clarification should be requested from the official receiver who is dealing with your affairs."

[babybear39]

My student loan wasn't included in the BR as I'm still a student.

 

I informed the SLC before starting my degree and they had no issues with it.

Edited July 18, 2008 by babybear39
forgot a bit

[palomino]

Aah I see, the loan was taken out after the bankruptcy. The bits I posted refer to loans taken out prior to the bankruptcy.

[babybear39]

No, I started university in October, then went bankrupt in November.

[palomino]

Sounds like some sort of special arrangement with everything happening all around the same time. Glad it worked out for you!

[babybear39]

I would have prefered to get the BR out of the way before starting uni but had to wait for the charity to pay the BR fees. BR doesn't affect student loans.

[Peepo]

Does anyone have the contact details for the charity that will help me pay the fee for filing for bankrupt?

Thanks

[babybear39]

The Civil Service Benevolent Fund helped me because I used to work for them Peepo. I got their details from CCCS:

 

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

 

Some utility companies also help.

[Peepo]

Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

[babybear39]

Try CCCS anyway as there are loads of other charities that may be able to help.

 

They do have an obligation to provide a true copy of your properly executed CCA Report them to Trading Standards and the OFT.

[Hopeful1]

Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

 

Try CCCS anyway as there are loads of other charities that may be able to help.

 

They do have an obligation to provide a true copy of your properly executed CCA Report them to Trading Standards and the OFT.

 

Hi Peepo

 

I just wanted to ditto what Babybear said and to add DO NOT send them anything with your signature on. In the past i have photocopied my driver's license but then blocked out my signature. Be aware of how you sign for letters etc if you receive anything recorded too as companies can view the signature online the same as we can.

 

I know - talk about paranoia!!! :o

[notsoevil]

hi

 

Hmmmm I had a similar experience with ultily bills once years ago, I dont think you have a credit agreement as such, but you do have an agreement to be supplied with whatever it is.

 

For the powergen one I would not ask for the copy of the agreement.

 

I dont see why admin charges have been added! Once a person has informed the relevant companies that they are in financial hardship all interest and charges should be stopped! I would put in your letters that you have informed them all more then once of your situation and yet they still add charges. Inform them you are seeking advice from CAB (and do so) and request all admin charges and interest added after you told them of your situation to be refunded.

[PriorityOne]

Ahh ok thanks, I dont think they will be able to help me.

 

I recieved a reply for a Subject Access Request that I send one of my credit cards. They have sent me a copy of the credit agreement unsigned & have written

 

'We regard this as meeting our obligation under section 78 of the act 1974 to provide you with a true copy of the executed agreement. On their proper construction, that section and Regulation 3 of the Consumer Credit (Cancellation Notices & Copies of Documents) Regulations 1983 (1983 S.I 1553) do not require us to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that document'

 

Does this sound like a load of mumbojumbo?

 

They've supplied a copy under the above Act... but unfortunately it's unenforceable under CCA1974; sec 127(3), due to it being blank; no signatures.

[Peepo]

Hello again & thankyou everyone for the replies.

I am no closer to declaring myself bankrupt, however, my mind is slightly at ease, the reason for this lighter frame of mind... I have stopped opening the letters from the debt collectors

I have them in a neat pile on the shelf, unopened & I feel much better.

When I was a child the postman always used to bring nice things, so Ive grown up with a sense that letters are there to be opened. Well I decided that as you get older the postman brings mostly not very nice stuff & in actual fact you dont have to open them. This new way of thinking has helped abit for the time being & has given me much needed head space to sort myself out while I try to save up the money to declare myself bankrupt.

 

One of them has managed to get my mobile phone number from where I have no idea, & has been calling me constantly for the last few days, so Im changing my number again & not giving it to anyone. I dont understand why they are threatening me with court action for the last year & have still done nothing about it, as its a utility bill.

 

Anyway, apart from this small detail things are abit clearer, now I dont have to be belittled over my breakfast by letters from debt collectors every morning. I think it was Goldlady who said eventually you become immune to the letters, I think she is deffinately right

[babybear39]

Good luck and thanks for keeping us updated.

[Goldlady]

I am so pleased you are coping better - you simply cannot let these people destroy you. I think realising how many other people are in a similar situation must also give you some strength.

 

Soon you will be passing on your knowledge and experience to other people - and the way things are going there will be lots more folk in a mess.

 

Enjoy your breakfasts:D. I love your philosophy.

[Peepo]

Something terrible has happened, my landlord served me notice to quit today because she said she is concerned with me declaring myself bankrupt. I dont understand how they can do this!

Thats it, Im all out of energy for this, the fight has been lost.

[Hopeful1]

Something terrible has happened, my landlord served me notice to quit today because she said she is concerned with me declaring myself bankrupt. I dont understand how they can do this!

Thats it, Im all out of energy for this, the fight has been lost.

 

Peepo i'm really sorry to hear that. Please don't give up. Are there friends or family who can offer you some support and accommodation?

 

Please don't despair - keep posting even if it's just to get things off your chest. I'll be looking out for your posts x

[Goldlady]

I am not sure if they can do that when you haven't actually gone bankrupt.... How did she know you were thinking of it? I'm not sure if there is any appeal open to you but can get someone from the landlord and tenant forums across if it would help.

 

Don't give up - things can only get better as they say:)

[Hopeful1]

I am not sure if they can do that when you haven't actually gone bankrupt.... How did she know you were thinking of it? I'm not sure if there is any appeal open to you but can get someone from the landlord and tenant forums across if it would help.

 

Don't give up - things can only get better as they say:)

 

That's a good tip about talking to someone from the landlord / tenant forums.

 

How are you doing, Peepo?

[MrShed]

And...duly dragged over from the LT forums(thanks for the PM Goldlady).

 

Peepo, what kind of tenancy agreement are you on, and when did it start?

[Peepo]

Crisis averted. I told her I had decided no to go bankrupt & she has told me I can remain in the house.

Ive lived here 8 years & never paid my rent late, Ive spent money on the house aswell as decorated it etc and she told me she was worried when I mentioned bankruptsy that my rent might not be paid. Well theres gratitude for you!

 

With regards to the bankruptsy I have moved all my finances over to my new bank account in preparation for losing my old one when I declare myself bankrupt. And I have gotten myself a rather handy Pay As You Go credit card which means if I lose my bank account when bankrupt I will still be able to pay my bills online, that has cheered me up somewhat as losing the ability to pay for online services was a worry for me, so all good in that department

Now I just have to save up the money to actually do it.