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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Drowning in dept, need advice

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Hi, Between myself and my wife we have total unsecured dept of around £70,000. We have a property, that is in my name only, and are concerned about protecting it against loss and charges being but on it. We have one dependent and another on the way (dew early July).

My wife works full time and I am self employed working from home but have no income as yet and look after our child.

There is little or no equity in the property and our income is £100 less then our expenditure, after essential bills ect, and so are paying each creditor £1 per month. This has gone on for some time and I now have one CCJ with another pending (with Northern Rock and expect them to look for a charging order) and my wife has one also.

I desperately need some advice on which route to take to protect our home. Is it an option to sell to a family member and declare myself bankrupt or do i wait for our income to improve and go for an IVA? and if I keep the house will I only be able to get a crappy interest rate when our current deal with Northern Rock expires? can I move to another part of the country and forget about these debts?

I am so worried and any advise would be greatly appreciated.


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Could you give us a rough breakdown of where these debts are and amounts.

Are we looking at Original Creditors or have they been passed to DCA's ?

Be VERY careful whose advice you listen too

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ok Sepo


lets get this in to some type of perspective first

Break down your debts into Secured and non secured

Break down your debts into priorty and non priority


Dont fail payment on priority and CCJ or they will come after a charging order but only if you fail to maintain the order,You must protect your home at all costs


You need to request a copy of your Credit Agreements, of all of your non priorty debts via a CCA request to establish if they are enforcable see the templates section this will give u a little breathing space while you draft your course of action.


Are all the debts with the original creditors or DCA ?

I presume you are on your own DMP stating you are paying a £1.00 to them?


Break everything down as above and come back for further advise when you have stopped panicing.





We could do with some help from you.



 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service


If you want advice on your thread please PM me a link to your thread

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Didnt see you there Curly





We could do with some help from you.



 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service


If you want advice on your thread please PM me a link to your thread

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Northern Rock £30,000 CCJ repaying at £1.74 PCM

Northern Rock £31,920 CCJ pending (have asked for CCA)

RMA resolve Originally Barclay card £2,500 repaying £1.00 PCM

Capquest Originally Egg loan £8,000 repaying £1.00 PCM

Capquest Originally Egg card £4,000 repaying £1.00 PCM

Debt Managers Originally American Express £5,000 repaying £1.00 PCM

Capital one Bank £569 repaying £1.00 PCM

Natwest Bank £1600 repaying £1.00 PCM

Natwest Bank £2000 repaying £1.00 PCM


My Wife

Debt Managers Ltd originally Barclay card £2,200 repaying £1.00 PCM

Credit Solutions originally AA Visa card £4162 repaying £1.00 PCM

(Not sure but can find out later) Barclaycard loan £10,0000 repaying £1.00 PCM

CL finance Ltd originally GE Money £1,032 repaying CCJ at £1.00 PCM

CL finance Ltd originally GE Money £2,346 repaying CCJ at £1.00 PCM

Capital One Bank £571 repaying £1.00 PCM


All debts are unsecured at present.

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We found ourselves in a similar situation and owing about money. We got behind last year when my husband was between contracts and got caught up quickly. It wasn't until a bad turn with Mercers (Barclaycard's in house jokers) that we ending up CCA'ing every creditor. We are now finding out that the majority do not have enforceable agreements which means we can fight them.


Just know you aren't alone and we have all been there. Worry about the house first and foremost and send out a CCA request to each creditor or debt collection agency. Good luck and congrats on your impending new addition to your family.

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Right then.

Lets get organised here.


You have a number of options here.

1/ FULL bankruptcy

2/ an IVA

3/ DMP via payplan, CCCS or similar NON profit organisation

4/ Fight hard !!!


Now in all honesty the choice is completely yours, but I would fight and then use the DMP option.


Now the NR debts will likely result in another CCJ and possibly a charging order, but as you have already posted this on another thread I will leave that there.

The others, well that's a different matter.


Get your self a whole bunch of folders to organise your self, either ring binders or simple cardboard jobs.

It is very important to keep everything together and in order.

Also get yourself a small notebook for keeping an activity log in, letters sent/received, calls received.

From NOW on NEVER talk to these people on the phone.

If you do answer the phone to them then simply state that you require ALL correspondence to be in writing for the avoidance of doubt. They wont like it mush and might even say it isn't possible, but tough really.

EVERYTHING must be in writing !!!

Now all the DCA related debts must be tested to ensure that they have the legal right to collect on them.


This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:



It is best to send this request via recorded/special delivery as there are some important deadlines to observe.


After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.


The CCA requires a statutory fee of £1, best to use a postal order for this.

Also DO NOT sign the CCA letters, simply printing your name at the bottom if fine.


Now what the DCA should supply is a copy of the original agreement.

This is important as if it doesn't comply with the CCA 1974 act it will be unenforceable and therefore non-collectable.

This doesn't void or cancel the debt, but renders it legally stalemate.


Once the DCA's respond then scan and post the agreements here and we'll assess them for you.


Now the debts that are still with the original creditors are worth CCA'ing as well to ensure they too have the required paperwork and to see exactly what you agreed to, eg PPI etc.

Same rules apply as above.


Now once the agreements have arrived and found to be compliant then its time to get SAR's in and reclaim all of the unlawful charges that have been applied to the accounts, like late payment, over limit, etc.


Now this may seem like alot of hard work, but that's what fighting is all about.

It starts with a flurry of activity and then settles down some.


Good luck and we're here to help.

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Be VERY careful whose advice you listen too

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Nice one Curlyben and congratulations on the little one. We are expecting our second in July.

Be in touch soon.

ps do I contact all creditors now or wait for them to write to me?

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