Me & My Debts

[emmaf01]

First get that CCA- see if they actually have one.

 

What debt management company have you employed- are they charging you for this service? If so, ring up CCCS. They come highly recommended on this site.

 

If the idiots take you to court after you have made them a reasonable offer, then the judge will frown upon this and will probably award them less.

 

You're in a great place here and people will try and help all they can.

[emmaf01]

It depends what you are sending. For CCA requests send to the DCAs if they are now in charge of the account or if it is still in the hands of the credit card company look under their heading in the Bank Action Group section of this forum. Sometimes there is a specific address, head office, legal department or data controller.

 

Make sure you send everything recorded or special delivery.

[emmaf01]

I would leave it in, but these things are personal.

 

One of the main reasons for having that in is to stop creditors from continuing to harass for payments when they haven't proved that they have a debt (or ownership of the debt) to harass you for payment of.

 

The way that this site has shown me in relation to dealing with my debts whether I am acting in a reasonable manner. I have my income and I have to have my family fed, clothed and warm. After that I have money to pay my debts.

 

This is to be split between my creditors in proportion to the amount of my total debt that is owed to them- if I owed £100,000 in total and out of that I owe creditor A £50,000 of that. My monthly money to give all my creditors is £100. Creditor A is therefore to get half of that, so gets £50.

 

This is what a judge (if it ever got that far) would consider reasonable.

 

I hope that makes sense. (I think I'm explaining it to myself out loud, not you).

 

So you see that whole calculation- that's what you're paying Gregory Pennington to do, along with printing out some letters.

[emmaf01]

We need some experts for those questions.

 

If you are in an agreement with the CCCS/Payplan, and this is agreed by the creditors, and you stick to it, then I believe a judge would not let them get more. I think if one creditor tried to get a charge on your property this would not be in the interest of your other creditors- as they have to have equal treatment- and so you could refuse.

 

To get a charge on your property from an unsecured debt they would need to take you to court. You could defend this and a judge would have to rule on this.

 

I hope this is all correct- can someone with more knowledge check?

[emmaf01]

I think it is just that they will pursue the debt through all necessary means. Which is why they have to convince a judge that it is the only way they can get their money back.

 

First thing you need to do is find out if they have any CCAs, so if they have any basis to enforce the debt in the first place.

 

The key with getting through this business is to look at it one step at a time. Read up about each step in the process. Set up a file for each debt. Write each of them a letter asking for the CCA. Then see what they each come back with.

[emmaf01]

Is it still Mint dealing with the account or is it DCAs? What was the address of the last people to send you a letter regarding the account?

 

Sorry, I'm too slow at typing! Posts crossed.

[emmaf01]

Just remember, if a DCA phones refuse to speak to them. Say you will only deal with them in writing and put the phone down. Then when they write a letter to you, send them the telephone harassment letter and what ever is appropriate- CCA or SAR.

 

Don't worry, 1littleduck- we're here to help.

[emmaf01]

If anyone threatens that, we have a letter for them, here.

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

 

Tweak as necessary. Don't worry- even when they do threaten this, they rarely bother to turn up. It's just another threat to scare you.

[emmaf01]

And call the police- they don't like it when you do that...

[emmaf01]

Wait until they receive your CCA request- then they are legally bound to stop everything until paperwork is produced.

 

When did KPR say they were going to start legal proceedings? Did they send you a letter- can you scan it in or just type it (minus any personal info)?

[emmaf01]

Don't talk to them on the phone- they will say anything to pressure you into paying. First rule of CAG- never talk to a DCA on the phone!

 

No paperwork has been produced- until it is the cannot do anything- except try to frighten you into paying on the phone.

[emmaf01]

You really should ditch GP debt management- I wouldn't trust them to be able to tell you if they HAD received a default notice accurately- and they are a waste of your money.

[emmaf01]

The credit agreement is an application form- how unusual! And by the looks of it, unenforceable. No wonder Rentons are nervous about you visiting "consumer websites" if that is all they have got!

[emmaf01]

Sorry if I am repeating an earlier question, but are you planning to put in a claim to get the charges back?

 

Sorry- its a bit late for me and the brain isn't up to speed!

[emmaf01]

Have you posted up a copy of the CCA somewhere fore people to have a look at? That is the only way for people to say whether it is enforceable.

 

If it is, then you can claim back charges and dispute the debt on those terms.

 

If it isn't then there is your case.

[emmaf01]

Many apologies- Capital One/Debitas have fried my brain recently. Grrrrrrr!

 

So, if that is their idea of a CCA, then they'll be out with the crayons for the rest of their court documents. No wonder they sent that letter- they want you to run away crying because that is the only way you won't win.

 

When did you apply for it on-line? How come you then filled in another application form?

 

We can scout round the Legal Issues section for defence material this weekend, if that's ok?

[emmaf01]

Seeing that they haven't even kept you informed about your accounts, or told you you are two months in arrears (is that them or you?), I would be telling them to get lost.

 

Just get a file for each account and use the template letters on here, you'll be fine.

 

Have you looked in the Legal Issues section for a standard defence to adapt? There are usually some around people's threads. I'm not experienced with that so I can't say much more!

[emmaf01]

A basic defence to start to tweak is here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html?highlight=birkenhead

[emmaf01]

1littleduck, you have not made a mess of your life- you just got into a bit of debt and your relationship ended. It is not your fault. Sometimes these things happen- and your ex sounds like a toad!

 

Are you getting legal advice about your separation? Have you made plans to move out? Being stuck in the same house has him does not sound very healthy. And a solicitor could also advise on your financial options.

 

PM me if you need anything or just a chat- I was stuck in a house with my ex for some time and it was horrid.

[emmaf01]

You have done everything possible, 1littleduck.

 

As long as the letter stating that they would not comply with your request did not have "without prejudice" written at the top, you can include it information provided to the court. From what I remember it doesn't. And they judge is going to be rather upset about their behaviour because of it!

 

Find out if your GP ever responded to their letter- they should be able to provide a letter saying you passed the letter to them to reply, whether they replied or not.

 

Finally, go to the CAB regarding your boyfriend/living arrangements. You do not have to live like this. Your ex is not able to dictate terms and you should not be expected to live like this. Because you are depressed he is making you feel worse and damaging both your health and self-esteem. You own half of that house and you need someone on your side to balance out his lies/threats/manipulation. He is evil, treating you in this way for his own benefit. The CAB have access to legal advice which will help.

[emmaf01]

I don't know how you are managing, 1littleduck. I have been in a similar situation with an ex and wouldn't wish it on anyone.

 

Natwest was a bank charges thing- I won quite easily in comparison to the others. If I can do anything to help, just shout.

 

BR should be a last resort, of course. If you can avoid it, brilliant.

[emmaf01]

Nationwide was for bank charges too- prickly b***ers who closed my account after I won.

 

Any help just shout. I had to make a court claim before they paid up.