Is Bankruptcy the best option here?

[GuidoT]

Framing your posts without prejudice will not help, it can still be used as evidence. The use of WP is very misunderstood.

 

Is your real name is Jane Jennefiers? If yes we should be able to get your name changed to something else.

[jane jennefiers]

No, I made adjustments to my name when I joined the Forum, as it suggests at Sign Up. I will need to think about how to change the content of the case slightly so as to disguise the context, location and circumstances.

[GuidoT]

Good, yes you need to be careful about what you post, as should all users.

[Docman]

Hi Docman

 

I want to thank you for your advice.

 

Based on your post, I have drawn up the following plan.

 

1. CCA all unsecured Creditors. Include in the same letter a request to freeze accounts and accept £1 per month until I am back on top.

2. Explain to the mortgage company on property A what is happening and offer them a percentage of the differential between the sale price and the redemption fee in return for them agreeing to defer payments until end of lease and sale.

3. Do my best to stay in Property B until 209. Then sell and move into Property A.

4. Let litigators spend their time and money preparing a case. Less clear about what to do about that.

 

I will list all responses as they come in as a record for others in the future.

 

Again, many thanks for your post.

 

I have decided NOT to file for BR.

 

J.

 

 

Fantastic, JJ. And don't forget the last step - have a bloody good Christmas!

[bottomburp]

deleted

[jane jennefiers]

This is the first day of the new me...Strategics...

 

I have carefully read many posts regarding CCA.

 

Is it not better to request a freezing of accounts (Credit Crads, Bank ODs and Loans), offer £1 with a review in 6 months and ask for an interest freeze first. Then, if they decline to accept, follow up and ask for CCA?

 

I don't want to come over too agressive from the outset.

 

J.

[bottomburp]

deleted

[Docman]

This is the first day of the new me...Strategics...

 

I have carefully read many posts regarding CCA.

 

Is it not better to request a freezing of accounts (Credit Crads, Bank ODs and Loans), offer £1 with a review in 6 months and ask for an interest freeze first. Then, if they decline to accept, follow up and ask for CCA?

 

I don't want to come over too agressive from the outset.

 

J.

 

 

JJ

I understand that and some creditors may be helpful. I suggest you start out by explaining that you are reviewing your financial position and would like to gather information about your liabilities. Hence you are making a request using the CCA.

The section in the Act is designed so that debtors can obtain information about their liabilities, precisely what you are doing. It is NOT designed as a means of avoiding payment. However, if a creditor refuses to comply, there are consequences which amount to stopping the creditor claiming.

[Goldlady]

Hi JJ, I did what you are thinking of first - ie requested that the payments be reduced to £1 for a short period until I got myself sorted out. I sent letters saying it was on the advice of the Citizens Advice Bureau. The ones who refused to accept the £1 then received the CCA letter - so far not one single enforceable agreement has appeared. The ones I am still paying £1 are still getting their money and I am gradually sending CCA letters to them on the basis that if they haven't got an agreement I am in a stronger position to make them a ffs offer. After all the ones who have been decent in all of this deserve better treatment than the ones who tried to destroy my life.

[Tau]

Good luck JJ

You have now started to take control. You will feel more positive as the time goes by.

You are in very good hands now and you are not alone any more, you have gained many new friends here that all want to help you secure your future.

 

Have a good Christmas and a Happy New year.

 

 

 

Geoff

[jane jennefiers]

Well. Bankruptcy is out of the question and I am in control.

 

It has been over a month since posting because I wanted to do something and learn something before coming back.

 

Could someone help me out on a couple of things.

 

1. I want to post a little bit of advice based on what I have discovered so far about protecting yourself from stress. Where should this be posted to be most helpful?

2. I cannot find the Template for requesting a signed copy of the original CCA. Could someone post the link.

3. I have a debt that is or was with Barclays but is being collected by CDCD (Central Debt Collection Services). I want to issue a request for CCA. But I believe this has to be sent to the bank's registered address for their Data Protection Officer. is that right? Or does that only apply to SAR? In any case, once a debt is with CDCS, how do you go about finding out their Data Protection Officer address?

 

Many thanks.

 

JJ

[MilkTrayMan]

...I cannot find the Template for requesting a signed copy of the original CCA. Could someone post the link...

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

 

 

...

[The GodMother]

Regarding point three.

 

A CCA request goes to who ever is chasing/you are paying fot the debt. So Iin your case you would send it to central debt collection services.

 

A SAR request goes to the data protection officer of the original creditor. So in your case Barclays.

 

Hope this helps.

 

Chrissi

[jane jennefiers]

Please move this to the best place if you think it is helpful.

 

****

Money is frightening to most people when they have not got it. It is a subject loaded with fear and that fear serves the interest of those who make money from lending money.

 

But that fear must be set aside if you are to deal with finances in a way that gives you a chance of getting out of your situation with your health in tact.

 

I am at the early stages of dealing with a terrifying amount of debt as well as recovering from a terrifying illness. But I have had a lot of support from this Forum and from other sources, all of which are accessible to everyone. So here is my first advice session.

 

1. Talk to the Consumer Credit Counseling Services. They offer a telephone appointment. Tell them everything but do not take their advice straight up. They told me to go bankrupt and they were wrong I think. But that does not mean they are not useful. They are.

2. Talk to National Debt Line. They offer a telephone appointment. Tell them everything. They told me absolutely not to go bankrupt. They were right I believe. But that does not mean they are always right and CCCS are always wrong. You have to make up your own mind.

3. Use this Forum. Do not be disturbed by bad stories and do not be lulled into false security by good ones.

4. Take the advice from 1., 2. and 3. above and make up your own mind.

BUT ALWAYS DO THIS:

5. No matter how broke you are, invest the £1 per month or however much it is for Caller ID on your phone so you can see the number of the people calling you when your phone rings. If you have not got a phone with a screen for caller ID, beg or borrow one. Program in your trusted callers so their name comes up when they call and you can answer them. Do not answer the phone to any other call and NEVER EVER EVER speak to your creditors on the phone. NEVER. You are not obliged to. Do not get seduced by the fantasy that you want to get it dealt with immediately. Wait. Think. Write.

6. When your creditors send a Budget Sheet for you to complete, NEVER USE IT. Only use the one provided by National Debt Line on their site. Or ask them to send you their pack. Often Creditors ask you for information that you are not obliged to give.

7. When you write to your creditors, always remind them not to contact you by phone.

 

That is it for now.

 

Did I mention not to talk to your Creditors on the phone?

Well, in case I didn't: don't!

 

More to follow.

 

JJ

[Docman]

JJ

 

Glad to hear you have taken control. I know you won't be out of the woods yet, but it is easier once you realise you are on the right path through the trees.

 

CDCS will probably have to forward a CCA request to Barclays. Still send it to CDCS though, as Godmother suggests.

[The GodMother]

Nice one JJ.

 

I have not contacted the DMPs since l found this site as l dont need them.

 

But l have invested in a new saying.

 

THIS PHONE DOESNOT ACCEPT WITHHELD NUMBERS.

 

If they say l am being awkard by not allowing withheld numbers l say to them.

 

THEN I SUGGEST YOU TAKE THAT UP WITH SOMEONE WHO CARES or IF YOU DONT LIKE IT WRITE TO ME or from when l had someone calling me threwout the day and night and sending me strange text messages saying they only have 6 mths to liv and need to urgently talk to me.

 

IF YOU DONT LIKE IT THEN I SUGGEST YOU PUT IN WRITING TO MY LOCAL POLICE FORCE WHY THEY SHOULD HAVE THE BLOCK OF WITHHELD NUMBERS LIFTED. AS L HAVE HAD SOMEONE STALKING ME BY PHONE AND IF THEY FEEL YOUR REASON IS GOOD ENOUGH THEN THEY WILL LIFT IT BUT I EXPECT THEY WILL TELL YOU NO AS MY PERSONAL SAFTEY AND MENTAL WELL BEING IS MORE IMPORTANT THAN THEY LIES THAT TRIP OUT OF YOUR MOUTH EVERY TIME YOU OPEN IT.

 

either of them work as they then dont no what to say to me especially if l tell them to ring someone who cares.

 

Chrissi

[jane jennefiers]

Hi Everyone -

 

I have a question:

 

12 Days is up. One CC Company have sent what looks to me like nothing more than the application forms for the Cards that I signed when I took them out. It has a Disclaimer saying it is regulated by the 174 CC Act; and my salary and signature. But at the top it says "Application" (though they have partially obfuscated it. And it is only one page. Does that constitute a CCA? Or are they trying to pull wool over my eyes?

 

Many thanks!

[Docman]

The words 'sheep' and 'opticians' do come to mind.

 

Any chance you can de-personalise and post up a scan of the document supplied?

[jane jennefiers]

Excellent idea. I will go into town Monday morning and do that.

 

It does look like I signed to say that I agreed to the terms of the 1974 CCA

 

On another note: Amex say that they do not freeze interest accounts until a Card is 180 Days in Arrears.

 

This is utterly unacceptable. In their initial letter, they present all this nonsense about how they are there to help even when their customers go through difficult times. Yet when it comes to it, they ask for information about your finances without telling you that you are not obliged to give it and they are quite happy to take money for 180 days from people who are struggling.

 

I wish I cold find the part of the Forum that quotes the section of the banking code that requires them to be reasonable. I am beginning to feel that it would actually be a good idea to go to court and get a real judge to say in real words what he or she thinks.

 

J.

[jane jennefiers]

Sorry. See next Post.

[jane jennefiers]

I attach 2 images of the two pieces of paper sent to me by Amex. To me they look like nothing more than Application Forms. In fact, though partially obfuscated, you can see the word 'Application' at the top of them.

 

My confusion rests upon uncertainty regarding whether they constitute a true copy of the CCA because the application forms do say that the offer is regulated y the 1974 CCA Act. But I also believe that a true executed CCA has to have the information set out below in it.

I can type out the words from the scans if you cannot read them.

 

Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

cca_Page_1.pdf

cca_Page_2.pdf

[Docman]

JJ

 

Definately wool/eyes territory. Have a look at a sticky on enforceable agreements at the start of the DCA section. The first post from 42man is particularily helpful.

You should also have a look at the case of Wilson v DTI 2003 where the House of Lords reinforced the CCA and said basically if ALL the presribed terms are not in the agreement, the agreement cannot be enforced.

[the main man]

Hi JJ

 

If this is all they sent you then it's unenforceable, like you say it is lacking all of the prescribed terms.

 

Your right the account is regulated by the Consumer Credit Act 1974, to the creditors potential cost they have not complied with it;)

[jane jennefiers]

Thank you Doc and Main. Your responses to this are extremely helpful.

 

It is interesting how these creditors seem to rely on the ignorance and fear of the debtor.

 

I'll write to them.

 

Again thanks!

 

J.

[jane jennefiers]

Actually, I would like to just clarify a few things to get really clear, if that;s OK.

 

1. If they do not supply a true signed copy of the CCA within 30 Days they are committing a Criminal offense: correct?

2. If they cannot enforce, it is unlikely they will be in a hurry to go to court. BUT this is potentially a problem for me because it means they will just go on adding interest to my account forever and will not necessarily accept my offer of temporary reduced payment.

3. Can I make them take me to court so I can get the judge to freeze interest and accept an affordable monthly payment?

4. They say that the do not freeze interest until the account is 180 Days Old. The say this is in the Terms and Conditions. Can I dispute this 180 Days interest?

5. What is the best way for me to exploit lack of the CCA?