Good Afternoon me and my debts

[lowwill]

Good Afternoon all and thank you to the two guys who emailed me previously with support.

I've joined because I have got myself into debt with credit cards and lost my job/company. I have acknowledge my debt to all those involved, have never shirked my responsibility but I'm overwhelmed by the negative and nasty responses I'm getting.

So far the worst is a company called CABOT FINANCIAL who now write about every 5 days, this is followed by an outfit called LOWELL.

I keep writing back making offers and paying what I can afford by standing order but frankly I'm notsure I can take much more.

I expect you guys have heard it all before but I can tell you after reading some of the posts on this forum I do feel a little bit better.

Enough now and thank you for the opportunity.

[rory32]

Hi and welcome to CAG.

 

Are these personal credit cards or company credit cards?

[lowwill]

Thank you for responding, my debts are all Personal Credit Card related and there are no company credit cards.

[rory32]

When were they taken out and who were they taken out with?

[lowwill]

Please forgive me but may I come back to you on that one, I'll need to get the details together.

I used the CAB earlier this year who wrote to all of them and we had two positive responses and I've been paying monthly to all of them a minimum amount. Sadly the CAB said they could no longer help me, this was in July of this year because the funding had run or something. I have been treading through the mine field on my own with the help of this forum and the internet.

[rory32]

No problem.

 

If you could also let us know which accounts Cabot and Lowells are dealing with that would be helpful as obviously these are your priority in terms of getting them to leave you alone at the moment.

[lowwill]

Cabot Financial

Original with Goldfish Bank, Account opened 07/2001

They agreed for me to make payments of £18.57 per month to start on the 30/11/08 but have since sent me four letters requesting full payment as they feel I have defaulted.

 

Lowell Financial

Original with Monument, not sure of when it started but think about 2001.

3 letters so far o3/11/08, 11/11/08 & 24/11/08

I wrote requesting breathing space to no avail. Also wrote to Monument offering a sum but totally ignored.

 

Have had acceptance of offer from Capital One, NatWest and the others, beside those mentioned above have all been paid £1 monthly as agreed with the CAB.

 

Marlin Financial Services

Original with HFC Bank I think about 2000/2002, Will not accept any offer and most recent letter merely states that any payment made will assist in paying down the balance bot will not defer proceedings at County Court.

 

Natwest have agreed to accept a monthly figure for a period of six months, this letter was sent in October but only just received by me as it went to my previous address.

 

Moorcroft Debt Recovery Ltd. Previously with American Express. Letter received is of 'intended litigation' but not if settle debt immediately, but along with that I now have received a letter from Midas Legal Services dated today to prepare a file for court proceedings.

 

There are two others to whom both I and the CAB have written during the last 12 months but I have as yet had no known reply.

Edited November 28, 2008 by lowwill
New information

[fedup74]

Hi lowwill welcome to CAG:) Don't worry about Lowell and Cabot, they have their own fan club on here!!! You need to send them CCA request- this is asking for a copy of your original credit agreement which you are perfectly entitled to ask for at any time. Send the requests recorded/special delivery so you have proof. They have 12 days from receipt of request to comply. If after 12 days they don't supply you with it, you are entitled to stop making payments to them until they give you a copy. DO NOT SIGN, just type your name. Good luck:)

Your Address

 

Your account no

 

Dear sir /Madam

 

This letter is a formal request pursuant to s.78 (1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order for the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

[maroondevo52]

Thread moved to Debt Collectors Forum.

[lowwill]

If it helps I did make a small contribution when I registered.

[rory32]

As fedup states, send them all a CCA request. The request should go to the DCA dealing with the account and should be sent reacorded delivery. If there is no DCA dealing with the account then send it to the creditor.

 

Of the creditors you have listed (while I don't wish to get your hopes up) it is likely that none of them will have enforceable agreements.

 

If the agreement is not enforceable what that basically means is that they can not enforce the account in any way. So if they did take you to court (please bear in mind most threats of court action are simply that - idle threats) they would lose as the court would be prevented from granting an enforcement order.

 

If the agreement is unenforceable it is also then your choice whether you pay the account or not. If you choose not to they will have to write the account off. If you do choose to pay it then you can do so entirely on your terms.

[version302003]

If it helps I did make a small contribution when I registered.

 

Hi lowwill, Im pretty sure your donation to the site is very much welcome, however you will continue to get help from these great people whether or not you donate. The people are simply fantasic here.

 

Your thread was moved by one of the site team to a more appropriate location so it can be best dealt with on Cag, The site team members "signature" is a "wording" that appears on all posts they make and its contents are personal to them, just as me and you can have one too. It wasn't intended at you personally, It simply appeared when they moved your post.

 

Hope I havent read it wrong, if so I appologise.

[ScabHunter]

If it helps I did make a small contribution when I registered.

 

It all helps! I hope you will feel it was justified as the weeks pass.

 

Take it one step at a time. As soon as you can, print off as many copies of the letter in fedup74's post as you need to send one copy to each current holder of the account. Follow the instructions in fedup74's excellent post. I would send them recorded rather than special delivery in this case, as the expense of special will be excessive.

 

Cancel that idiotic payment plan with Crapbot, as it is totally out of proportion with what is being paid to your other creditors. It wasn't doing any good, anyway, as Crapbot were still hounding you demanding what is not yours to give.

 

Send these CCA requests out, and then wait. When 12+2 working days have expired, post back here to let us know what, if anything, you have received back. If anything does come in in the meantime, start a new thread related to that specific account, and post up what you have received (if you have access to a scanner).

 

We can take it from there.

 

SH

[fedup74]

Could someone more experienced advise on the CCA letter. I have put s.78(1) as I read a post today by stephen(+some numbers!!) and he pointed out that there is no s77 which I think is what most CCA requests have on (s77-79). PT also advised that s78(1) applies to a rolling credit agreement (credit card) but I just want to make sure it is right before lowwill sends out request. Thank you:)

[westendwendy]

Hi Lowwill,

 

Many of us have been in similar situations but now that you have found the forum you will get all the support that you need.

 

Follow the advice you have been given and you will be well on the way to taking back control with a good understanding of what a DCA (debt collector) can and cannot do.

 

Don't let them intimidate you,don't ever speak to them on the phone,everything in writing,then you have a paper trail that can't be denied.

 

I've only been here a short time but CAG have stopped me having sleepless nights about debt and I wish you the same.

[rory32]

There is a s77 but it refers to fixed sum credit (a loan to you and me). s78 refers to rolling account credit (so a credit card or store card). s79 refers to hire purchase agreements.

[fedup74]

Cheers rory, didn't want to mess it up for lowwill:) Get that letter typed!!!!

[lowwill]

Ladies & Gents,

thank you all. I have typed up and printed the letter for all of them and will post tomorrow.

I think tonight I will get at least a few hours sleep.

Thank you all again.

[lowwill]

Letters sent by recorded delivery, each with a letter and £1 Postal Order. One quick question, 3 of them are to P O Boxes, how does that work if each letter requires a signature?

[postggj]

they are signed for by one person at the dca on a bulk delievery card

you can then check track and trace

[mysticpols06]

Morning Lowwill,

Try not to worry bout lowells & cabot (easier said than done i know), we are in similar position with them & so far they are a week overdue on providing the cca for us so we withheld payment on the 28th (Got little'un a pair of much needed wellies bless her) & we are waiting for the possible barrage of calls/letters to start once they realise monday that there was no payment for them. If that happens with you (the calls) i believe there is a template letter you can use to state harrassment by telephone etc & request all comms in writing only. We have only just started on this trip & have other lenders to still be cca'd yet but take it a step at a time & if you get down about it all or have a bad day, log on here - there is sooo much support from so many lully peeps & the best thing is that if they tell you they know what you mean/how you feel, they really do!

Good luck & best wishes!

 

Mpols x

Edited November 30, 2008 by mysticpols06
pixies swopping my keys around doh!

[silverfox1961]

Letters sent by recorded delivery, each with a letter and £1 Postal Order. One quick question, 3 of them are to P O Boxes, how does that work if each letter requires a signature?

 

 

Hello lowwill,

By the time you're finished, your name will be highwill.

The post office has a list of valid PO box numbers on their database so when you went to the post office to send your letters recorded delivery they checked on the compooter to see if the address was valid. If it wasn't then they would have told you.

I think personally the DCA's don't like giving out their actual address just in case someone goes there and plays merry hell with them.

 

You and me (and mpols) are in the same boat with lowlifes and crapbot so I'll keep checking on you from time to time but for the moment, it's 6 weeks and 5 weeks respectively since I asked for my CCA from lowlifes and crapbot so both in default. If I had stopped paying without asking for my CCA then i can guarantee that they would have been harassing me on a daily basis. Since asking for it all I've gotis their standard template letters and not one threat amongst them.

Good luck on your journey.

 

 

fox:-D

[lowwill]

mysticpols06 & silverfox1961 Its Sunday morning and you both have taken the time to message me, thank you so very much. I must confess since boldly taking the stance yesterday of requesting CCA's I am now much troubled by what I might be heaping on the heads of myself and my lovely partner. ( She knew nothing of this when she took me on but is steadfast.) Again thank you both.

[Sabrina470]

Also waiting for a CCA from Lowells....aren't we keeping them busy?? Will leave them less time to harrass people by phone hopefully.

[silverfox1961]

Lowwill,

Shared experiences and all that. Now I have subbed to your thread, when (if) i get anything back from them I can update you and then you'll be able to use what info i (and others) get to further your cause.

I can't deny it's going to be a long slog but when you get one over these people(yes I'm still relatively polite about them:rolleyes:), you get a warm and fuzzy feeling. I get that now but that's just the painkillers:grin:

 

fox