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Hi, we seem to be in an unbearable situation, with the Citizens Advice Beaurau being as useful as an ashtray on a motorbike, We could use some of your expertise & advice. We are in so much financial trouble, that i can see no way out of this debt mess we are in. I have attached a letter that i have wrote to explain to a court why we are in such a mess. I have removed our real names, and used fake names for this forum, to avoid humiliation & embarassment! I truly believe that only by forcing our creditors in to making us go to court and a court ordering us to have CCJ's for each debt, is the only way out of this. If you please read the next bit all will become clear, we just need good advice so i can get this thing rolling. Thank-you in advance. Firstly i am ashamed & humiliated anyway that we are forced to live like this! i do indeed intend to use this letter below to defend myself in court, any advice would be usefull as i am terrified my kids might be taken from me. i truly am on the edge and really have just about had enough, please help me.

 

To whom it may concern. 11/01/2009

 

I respectfully request that this document is used on our behalf to help with our case.

 

I (John ) am a family man, I have been in the same job for 12 years, I have 3 son’s of 14, 5 & 3. I have been married to jane since 2005. We have been together for 8 years.

My 14 year old son does not live with us, He is from my previous relationship, However I pay child support every month to his mother & have done since we split up 8 or 9 years ago.

Since jane & Myself had our first child in 2003, and soon after she had to give up work to have a family. Since then we did get ourselves in to debt with 2 credit cards, a loan, Finance on a car etc. (The loan £4000 of it) we used to get married.

The credit cards were not used for luxury living no flat screen t.v’s or holidays they were mostly used when we could not pay a bill etc, subsequently since January 2008 to the present day jane has been actively seeking Employment without success and without any Unemployment Benefit (She has been told she does not qualify)

Despite many Interviews she has been so unlucky in not being offered a job.

Since 2003, We have been surviving on just my wage, as a result debt has increased

Since around 2005 We have just been paying Interest only on our loans, and because of the continuous pressure & Harassment from our Creditors in November 2007 we started using “DFH Credit Management Ltd” (Debt Free Helpline) who we pay £135 a month to, who then distribute around £110 to the creditors the rest is kept by them as a charge for working on our behalf.

The firm DFH have relieved some of the stress from our creditors we are not bombarded constantly by the creditors.

We have a pretty tight Budget, and mostly stick to it. However We do not believe we can continue to pay DFH £135 a month for interest on Debts.

I have attached an Online Bank Statement, for Dec-Jan. With the exception of one item at £69 the rest is just essential living costs. The one item was a Christmas present to my wife from me, for Christmas 2006 & christmas 2007 my wife & Myself couldn’t buy each other a gift, For christmas 2008 I made sure she had something. If it wasn’t for uncles, Aunts & Grandparents my boys wouldn’t have got any presents either.

You will see from our income & Expenditure that we have so little money available

We now have a 5 year old and a 3 year old both at school who need uniforms, school shoes, fees for trips etc. Which we cannot afford. Plus the fact that we need to increase our weekly shopping bill to account for an extra pack up every day.

We feel we have no spare money for unexpected bills like Bank Charges, unexpectedly high gas or electric bill. We have not a single penny in savings to fall back on. However when we do have a bigger bill than usual we have paid them, ironically to avoid being dragged in to court for non-payment & to avoid costs.

Even though I john have been in the same job for 12 years, we do not have any money each month for a treat like going to see a film at the cinema, no extra money to but gifts for the children’s birthday’s/Christmas and we do not seem to have enough money for Dental treatment/Medical Prescriptions nor clothing.

WE have such a tight budget that we have worked out that we can only just about afford to have the central heating on for between half an hour a day to a maximum of 1 hour a day. With the cost of EVERYTHING from food, to Electric, having risen huge amounts over the last 4 years. When we get a bigger bill, we have to use our shopping money to pay for it. As you can see from the Dec-Jan online bank statement we were left with £69 for 3 weeks Groceries.

In short we are doing what we can to survive, But we are now in the situation where by, the rented house is so cold it is infested with MOULD, I john decided to move my 3 year old in to his 5 year old brothers bedroom as the 3 year olds Bedroom is so badly infested it is putting my 3 year old at risk. (I enclose photographic evidence) Even my 3 year old sons bed has Black mould on the mattress and frame, I have no money to replace it.

The house is infested with Mould Spores, even the bedroom I share with my wife, simply because we do not have enough money to heat the house-because we are using some income to pay interest on Debt. The house is an average of 9.4 Degrees-speaking for myself, I have one jumper, my skin feels cold to the touch beneath my clothing, and that is a recognised symptom of Hypothermia. I am doing the best I can as a father and husband but there is only so much I can do with the income I have.

We do not have £300 each spare a month to pay for an I.VA & We certainly do not have £500 each to declare ourselves Bankrupt, Even if we could afford Bankruptcy we have no Assets of value to pay more that a couple of hundred pounds of the total debt. Thus a judgement would probably be made on my wages for the next X amount of years that I would have to repay the creditors that way.

We see no other Avenues open to us now, only the chance that if we go to court that CCJ’s (County Court Judgements) made against us (In our Favour) of paying £1 a month on each debt, will reduce the interest we are paying on all our debt’s and may leave us with enough money to at least heat the home, there is nothing we can do with regard to the extra costs of shopping etc.

The Family Tax Credit award states, I earn too much money to be awarded more monthly payments, I know this is because they DO NOT take in to account that I pay Income Tax & they refuse to take in to account that I continually pay Child Support-thus resulting in thousands of pounds a year that I do actually pay out, but is not actually accounted for.

In short, I john am supporting, 5 people with my wage (including Child Support) for my 14 year old. With Payments to creditors regularly for the last 3 years I am continually depressed & owe as much money now as I did 3 years ago.

My wife is on medication for Depression, I am very Depressed too, but can’t afford medication-so I see no point in going to the doctor, I am supposed to be on Simvastatin tablets for life, due to a high risk of Heart Attack from Hereditary High Cholesterol, but can’t afford the medication so I skip tablets regularly to make them go further. My mum died at 49 years old from a heart attack, a few years ago, and I have the same hereditary disease-I cannot afford to eat healthily & I am so distressed that without this Simvastatin I won’t live very long either.

I know jane is doing her best to get a full time job, and I have now accepted the fact that I too need to find a part time job to boost our income, but am fully aware that if I did, I would pay even more tax, and the Family working Tax Credit would be reduced. I am slipping through every crack there is, and I know the way we live is not acceptable, However I am not willing to have my children taken in to care because I don’t earn enough money to run a home. I am doing the best I can but I also know we cannot continue to live this way. I am hoping you will be understanding & compassionate with you’re decisions.

When our previous lease expired on the previous rented house. The landlord tried to sell it. We borrowed £500 from jane’s friend to pay the month in advance rent for this house, and a Housing Association gave us a loan to cover the Bond required for us to get this house, neither person has been re-paid and we just seem to be under pressure to re-pay them too.

The Debts of around £20k we have, £8K on hire purchase, Ford motor car, £4k total on 2 credit cards, £8k on secured loan for consolidated other debts that were paid off and overdrafts. Yes some of the debt was self inflicted, but was never used for extravagant living, mainly used to transfer debt around because we couldn’t make the payments, and as I said to pay big bills etc.

We have no idea how Court’s work as we have never been in trouble with the Law, and we understand there will be costs involved with CCJ’s but we need to keep costs to as low as possible. We cannot afford a solicitor and will have to represent ourselves.

 

 

 

 

 

Yours faithfully.

 

 

 

Mr & Mrs.. there are 4 of us living in a house so cold we shiver, and wipe our noses while we watch t.v, yet i know if i put the heating on i will go over our £90 a quarter gas budget-the prices have gone up, but my wages have been frozen-no pay rise this year! so with everything going up year on year-year on year we are getting worse off, so that now we are not surviving. we only have one secured loan, and now we are renting, is that still enforcable? have i committed fraud because we dont own our home anymore, we secured a loan on the house, but when completed the sale, we made £8250 profit but the sneaky lender took £8000 of it in fees and early repayment charges and left us with just £250 from the sale 2 years ago.where do i stand?

Edited by iwannawinlotto
used my wife's real name in one section.
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Oh my god....

 

I feel so very sorry for you...I thought I was pretty down

 

I wouldnt even know where to start with this lot...

 

any unsecured loan and credit cards.....get the agreements with a CCA request. post them on here. if they are defective we can lose them...ie they can be written off.

 

bank overdrafts and charges can be sorted....but it takes time

 

secured loans are different and beyond my expertise.. but some one will be along shortly......take heart

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Firstly i am ashamed & humiliated

 

We kept our problems with the bank a secret for over 10 years. We also felt ashamed that our business had failed, even though it was not our fault. We allowed ourselves to be bullied by the bank, forums such as this didn't exist when we needed it.

 

You have nothing to be ashamed of.

 

Don't be in such a hurry to get CCJ's. They may not be the solution.

There may be another way.

Could you give us a breakdown of each debt.

Debs

 

Debs

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Hi there

 

What a shocking story, i really feel for you and your family.

 

It is stories like this that drove me to study law and help people.

 

I agree with Dave, you need to obtain the agreements from the lenders first.

 

Now then, i can help with the secured loans, if the agreements are improperly executed then you would be entitled to

 

A) the charge over your home removed( s106© Consumer Credit Act 1974)

 

and

 

 

B) all monies paid in realisation of the security returned( this means all monies paid towards the loan are refundable) see section 106(D) Consumer Credit Act 1974

 

You need to apply for the credit agreements first.

 

Do you have any PPI on any of the loans?

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Sorry to hear of your troubles......

 

As you have children, have you checked that you are receiving all the benefits you are entitled to?

 

Start Calculation

 

or here

 

Benefits adviser : Directgov - Do it online

Edited by the main man
another link

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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thanks for poping in paul

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Sheesh,

 

I see you are paying a fee to a Debt Management plan. Have you thought of contacting either National Debtline or CCCS another charity Debt counselling service. They will do much the same as "DFH Credit Management Ltd”, except they wont keep any of your money for themselves. That will at least give you an extra £25.00 per month.

 

 

They will draw up a budget plan for you ensuring that your ESSENTIALS such as utilities and rent, groceries are paid first. They will also try to get your creditors to freeze interest payments so you are paying back some of the capital so you can see your debts reducing. They are not judgemental in anyway. They are there to help.

 

 

Meanwhile you can write to each of your creditors requesting a copy of the Credit agreement. If there are any discrepancies such as mis sold payment protection, or other areas in which we can pick holes perhaps there can be a way to have these debts reduced / written off.

 

 

As you will need to send a £1.00 postal order and at the very least send the letter recorded delivery, I would suggest you do this one creditor at a time. I will just go and look for the template letter for you.. BRB

 

Here you go, the link below contains quite a few template letters that can be amended to suit. The letter you require in this instance is Letter N

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

 

 

Do you know if there are any charges/late payment fees on your credit card / loan / bank accounts. Perhaps if you could give us a bit more detail we could help you reclaim charges .

Edited by citizenB

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I feel for you of course a terrible situation.. Im wondering why you havent declared yourself bankrupt? Have you requested ccas from any of your credit cards yet? Motley Fool which is another Forum assist people with situations such as yours but they will ask you fill out a detailed income and expenditure form and post it on the thread, these two sites are quite different but both offer assistance.On a practical front has your gp and health visitor written a letter of support to help with your housing situation are you on income support for your wife not working? would csa drop payments to your child due to financial situaition? Yes you went to a debt management company who has charged you which is a shame as payplan or other organisations as mentioned above would not have charged you, still work speaking to them think payplan is one of them its a national debt line number... did you sign an agreement with them by the way,, wonder if you can get out of that. Citizens Advice Bureau have financial people and solicitors who may be able to help you, get an appointment. I belong to freecycle, they are all over the country, they can help with things you need for the home, we have had a freezer and other items, one day you can put something back that you dont want, check it out and subscribe... You say you are renting, is this private rental or is it via the council? would council offer you housing due to the health issues your children are experiencing... Go and see the Dr for you... Im sure you will get out of this but it may take some years but at least if you could see the end of a dark tunnell. I hope you dont think I have offered a lot of useless rubbish.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi, can you give us a list of the approximate amounts you owe to each creditor and how much you are paying. The CAB should have pointed you in the direction of the £1 a month letter, which is what they did for me.

 

I was in a mess a couple of years ago, but through the CAB and then this marvellous site I got out of it;). You will get lots of help on here - as I hope you have already realised.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Please please contact your banks with an Income/Expenditure form and a letter explaining you cannot afford to keep up these payments. Don't use a company to do it, it is possible, free and quick to do it yourself - either using the templates on here or via CCCS or one of the other free debt help centres.

 

You can ask for interest/charges to be frozen, and with the amount you have available pay them a pro-rata or preferably a token amount.

 

You need to make sure you include realistic figures though - a family of 4 can not be expected to survive on under £70 for 3 weeks groceries, and you must make sure you have enough for heating. We have 2 young children, so I know you must be going spare with worry about the cold, let alone everything else. If that leaves you with £1 to offer your creditors, then that's what you offer, not a penny more.

 

The very important thing to remember here is that if they don't accept this from you, the worst they can do is the very thing you are thinking of asking for yourself. And, if that did happen, the court will simply order you to pay what you can afford, not what the bank wants.

 

Also, as you live in rented accommodation not only can creditors not apply for charging orders etc, but I'm pretty sure they can't send bailiffs in either as the contents of the house could belong to the landlord.

 

Purely from reading your very sad story I would very much agree with Goldlady; you could and should offer them a token payment of £1 a month. There is a template letter available here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html. I would suggest letter C rather than B, as it reads to me that you need every bit of money you're currently paying the banks.

 

Next I would contact your utilities suppliers and see if they have a hardship program that you could be placed on. If they don't I would try and switch if you can. There are a few companies who can help, although the only one I can remember at the moment is EDF.

 

There is also a trust fund run by United Utilities. They offer a (non-repayable) grant to qualifying people in need - United Utilities Trust Fund

 

Additionally, this thread may be of interest to you - http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/100405-utilities-trust-fund.html

 

Definitely go to the link that the main man has given you as you really need to find out what you can claim. As you are in rented accomodation Housing benefit may be applicable. If the online calculators don't show you being entitled to anything, but also don't give you the opportunity to input the maintenance you are paying, it would probably be worth giving your local council a ring and asking them directly if you would be eligible, taking that into account.

 

Lastly, please try not to feel ashamed about this (sooo easy to say I know). You don't have much money, that's all. And that's about 99% of the people on this forum who, to a greater or lesser extent are in the same position. No one here is judging you:)

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Time flies like an arrow...

Fruit flies like a banana.

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HELLO ALL and iwannawinthelotto

 

looks like you have had some fab replies already so pls dont despair you have come here and no one will judge you, i understand what you must be feelling like lexis and others have said, let us help you to help yourselves.

 

Your family is the most precious thing you have and keep that paramount in your mind when tackling these debts, pls try the free help charities, i was helped by national debtline who have continued to help me as has cag and the many friends ive made here

 

there is a big booklet that national debtline can send out to you, i think i seen copies at cab offices too, that at least will explain the legal jargon you have been told by these creditors and what they can actually do, even if they try and frighten you with their threats, also it is very informative to your rights too and copies of letters like the 1.00 token offer to all creditors you can send, the site also has lots of the same info, but i found the booklet very handy to have next to me when not at the computer - just my experience,

 

anyway keep postive and wishing you well, and keep posting so we can continue to help you

 

put all thoughts of feeling ashamed aside, we have all felt like that initially in our own ways but now for me a year on, i feel empowered with what ive learnt this past year and that is all good in the long run

 

take care for now laters angel x:cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi, Thanks to all the people who have posted above since i put my worries on here just yesterday, As you can appreciate i am so sick with worry. I have just read all the above posts. I need a little bit of time to read them all again and take notes, try the links etc etc. there are so many questions from all of you, please do not be offended if i cannot answer every single question-as you can appreciate there are so many here. i will try to give as much info as i can once i have digested all these posts, over the next few days i will attempt to post some figures/thoughts etc. please be patient & Thank-You once again god bless you all!

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First i suggest you stop paying anything to your creditors through the DMP and draw up an income and expenditure sheet - this is a good one.

You can deal with your creditors yourself, with help from here. It may be as you say that BR is your best solution in which case it will take around 4 months for you to save the fees by not paying the DMP.

Get onto the local council environmental health re the damp in your house and see if there is nay possibility of the council rehousing you either through their deposit bond sachem or social housing options.

Check that you are claiming all you are entitled to from Start Calculation and as suggested check you are paying the correct amount of CSA.

I can assure you that your children will NOT BE TAKEN INTO CARE because of your financial situation.

It will take a little while for you to decide the best way forward regards your debts, but the I&E is the starting point that will form the basis of your decision. Make sure you include realistic amounts for gas/electric/food etc before you even think about the debts.

Regards the secured loan you have committed no crime, you no longer have property to secure it on so it is just another unsecured debt.

Let us know how the budget looks and we can help from there.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Gizmo111. just a quick note to let everyone know i do NOT pay the child support through what is formerly known as the C.S.A, firstly because i knew dad's were killing themselves by the dozens when the C.S.A intervened, Right from the split-up i thought it would be sensible to pay my ex directly through her bank every month. this has worked fine and i havent missed a payment since we split, years ago, and what i pay her is i think fair, but less than she would get from C.S.A as i am not paying their fee, and i know my eldest boy gets the money-not the C.S.A, QUICKLY MOVING ON, THE BUDGET SHEET was amended recently (December by request of DFH, but was asked by them not to show increased bills ie bigger gas/food/electric because they would have to re-negotiate with the creditors and this would take time!!!! Ah bless them, wouldn't want them to have to work for their money then would we, as per other questions- i have printed off all the posts and am working on them right now...back soon!

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by request of DFH, but was asked by them not to show increased bills ie bigger gas/food/electric because they would have to re-negotiate with the creditors and this would take time

 

I'm sorry but that is unbelievable, and this company should not be allowed to continue if this is how they 'help' people in debt.

 

I am completely incensed that they would have told you that. It's not only irresponsible, but it's also asking you to lie on your I/E form.

 

Quite apart from that, put simply they are telling you that because they won't pull their finger out of their ***** and do what you are paying them to do, you and your family have to go without heat and a grocery budget!

 

Did they do this in writing or on the phone?

Time flies like an arrow...

Fruit flies like a banana.

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Did they do this in writing or on the phone?

 

on the phone of course, i didn't like the way the guy spoke to me, feel they just want me paying off my debt forever-because that way they (DFH) are getting a % every month for as long as it takes, the only good thing is the creditors deal directly with DFH, but with them being paid it gives me a breathing space, Citizens advice b, didn't get anywhere the creditors refused point blank to deal with them... ok next post is answers to questions.

 

could you all use the notification thing whereby when a new post is added, you are e-mailed this, and you can come back and continue to offer advice as more facts/figures etc become available. i truly appreciate all the advice & help offered, maybe there is light at the end of the tunnel-but if not maybe you can help minimise the damage court or bankruptcy may cause me.

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iwannawinthelotto. I think you have to set up to receive each post your subscribed to via your profile which is above on user cp its just a box to tick.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi iwannawinthelotto

I cant offer you any advice as I am not an expert however I can offer you some words of support. This site is marvelous, there is so much help and advice to be had here and everyone is so helpful and understanding. They will not judge you. Follow the advice they give you and stick with it, even though at times you might feel overwelmed by it all. You will get through this and life will get better. As an aside, would it be worth you applying for housing from your local authority and local Housing associations, given the condition of your housing currently, affordability and medical needs they may treat you as a priority. If they dont because they say you are already adequately housed go and see your local councillor, explain your situation to them and get them to back your application along with your doctor. Local authority housing tends to be of a better standard, slightly more affordable and more secure.

 

With my very best wishes

Bobbysox

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o.k then, here is what i can offer today. looking at the balance from the DFH statement that is dated 1st week december 08.looks like the debts have gone down slightly-but i dont know how. as i was told we were just paying interest (and we are) ah, ha! yes, i added the h.p for the car into the equasion earlier that's why total debt is actually around £20k.

we pay monthly;

Apex credit management balance £897.00p £7.34

fredrickson international balance £1020.77p £7.78

Hsbc balance £9050.00p £74.09

Moorcroft debt recovery balance £1900.00p £15.56

NatWest (overdraft) balance £642.02p £5.23

 

The hire purchase payments on our 1.4litre car are not included HERE as payments have been met, we see no need to add further confusion!

(we live in a rural area, no bus route nearby, nor work colleagues)car essential for us believe me, had old bangers and death-traps for years before, please don't suggest trading ours for a banger again! with 12 yrs in same job i am surely entitled to drive an 04 fiesta? the car is not something realistically we want to trade down from, but please don't think i am being a git. it's something i truly want to keep, if possible.

 

Apex debt is for a sage course my wife took with Home Learning College (see posts about them on the forum) subsequently she told them she wanted to cancel the course-it was beyond her capability-they refused to cancel it and insisted she must pay the full course cost, we have tried to cancel it, but Apex credit got involved and sent us letters from a solicitor so we seem to be stuck with that one for now, court could make that debt unenforcable, because the firm is well known on the internet for this sort of thing. next...

Fredrickson inter, is Nationwide building societies debt enforcer, the money owed is for a £1000 debt from their credit card.

Hsbc debt is from a consolidated loan & balance transfer from our old bank account to hsbc, where part of the loan £4000 was used by us to fund the full cost of our wedding 3 and a half years ago.

Moorcroft debt rec, is also working for nationwide and that debt is either a loan or balance from another account-honestly i do not remember, but think it probably a debt transferred across.

Natwest is overdraft.

 

Your questions now...

Will apply for this CCA believe it is (Consumer Credit Agreement) but can only do so on payday later in the month, with a recorded delivery and £1 p.order for each, will post them on here as i get them, so keep checking this forum. Will use a digital signature when i learn how you do that (got time between now and end of month) hopefully you guys can pick them to pieces and make unenforceable! will blot out identifiable info...

I assume PPI is Payment Protection Insurance? if so i would say with confidence that they may of been compulsory with a credit card/loan etc, and if not i may have got them incase of unemployment/sickness etc, how do i check for that? may not have all the paperwork for that sort of thing-these cards go back since about 2004/2005.

 

as for the benefits we are entitled too, i get my wages, and jane gets i think it is just tax credits i remember it as, not sure if its working tax creds or family tax creds, she gets child allowance-think it called child allowance of £136 a month and that's it i think. Jane is aware of this forum, she went last friday for interview at jobcentre-they said to claim Unemployment Benefit (now called jobseeker's allowance) it is based on her earnings for 2005!!!! yes the year she was pregnant with our now 3 year old! so as she paid no income tax (i Assume) they said we will let you know within 10 days (so fingers crossed for that one then!!!)

 

i know nothing of benefits, nothing at all, i have been lucky that i have been almost constantly employed since i left school at 15.

we tried one of the free debtline places, there was a time when we were bombarded by debt management co's trying to get us to sign with them (so many) the free one, signed up for, but then everytime we called, oh she is not in today she'll call you back-that went on until we used DFH.

 

By the way when we signed up for DFH it said Nothing in their brochure (i have it right here) about them taking the first 3 months payments, AND KEEPING IT FOR THEMSELVES ! yes they did, I SWEAR! thats why the creditors were very peed off, DFH only told us later, that they had kept the 3 payments IN FULL AS A FEE!!!!!! Crap isn't it! That is totally true 100%!

I have heard a lot about DEBTFREEHELPLINE a lot of people have said good things about them, in the paper recently though it stated, they do not have enough people to answer the phones and they are currently overwhelmed by callers, just like us, However will try them in next few days.

 

do i know if there are charges/late payment fees on our cred card/loan/bank account, was a question asked- oh definately-HSBC didn't use the Government's bail out offer-because they made so much money from me & jane in charges/fees/late payment charges etc, that they can stay afloat for years to come! Rotten sods..

last i heard someone put the brakes on this re-claiming bank charges for people doing it later on in the day?

 

The Bankruptcy option has been mentioned, i have looked in to it a little...internet states on different sites different costs, last i heard it was £500 each, maybe wrong but we can guess it is an accurate figure with other hidden costs. Firstly we do not have that kind of money, secondly if we did do that, and i'd rather not-then the person in charge is he called "Trustee?" legally has to tell the landlord, who BELIEVE ME, would terminate our tenancy and chuck us out! i would like to avoid this at all costs, the landlord would be worried about not being paid (although since april) when we moved in, have paid our rent on time every time, and given them no problems. But i think when she sees the mould through the house, she will go bananas and say we should have the heating on (as if i dont know that, paying for it is another thing) anyhow straying a little here. We have not yet applied for CCA on the credit cards, why? because i didnt think of it, honestly my head is spinning with things all the time, i'm a shambles. i will apply for CCA's for the cards as well as the other debts mentioned.

i dont think seeing my doctor for a letter about the mould will cut any ice with any housing association-when the last landlord was selling the house, he gave us brilliant reference, we gave to housin assoc, but when it came to a week before we had to be out, they told us they had such huge demand for properties that they could offer us nothing, but they at least gave us the loan for the bond so we could find private rented accom (which luckily) we got this house. i am not particularly bothered about myself, i could be destroyed and live in a barn, but my wife and my boys,oh no-they come first, if they're o.k i will be fine.

I have realised though that as we do recieve benefit of sorts, we may qualify for the free loft insulation & cavity wall insulation, if not the landlord will be asked by me to apply for it, i have applied for a survey yesterday, waiting to hear for free survey, keep you posted.

 

Think it was Muffintop? who said "i hope you dont think i have offered a lot of useless rubbish" Well...No not at all, all suggestions/ideas gratefully accepted, God Bless You!

The citizens advice has been suggested on here, from my experience, after an hour meeting, the guy said i will send letters to your creditiors, etc etc, when i chased him down weeks later-he just said to me that he had not received constructive offers from them, infact they refused to deal with him, and the creditors wanted us to contact them direct. dead loss.

 

lexis200, it took months and months for the creditors to cave in, HSBc spent months demanding £300 a month off us, (theyre old payments) then they asked for £150 a month, months later they finally wore down and accepted £74.09p a month through DFH, they will FLIP with rage when i offer them a pound a month, i'll be in court so fast i'll feel like my feet are dancing! (but i am not worried, court is inevitable!) sooner or later-i'd rather it was sooner than later though wouldn't you in my shoes? But does anyone know if 5 creditors did drag me in to court for CCJ's could i get it all done in 1 hearing? if so would it reduce the costs? 5 seperate trips to court with creditors would BANKRUPT me in court fees etc, any idea how much £ a trip to a county court costs? i feel worse now (gulp)

 

We used a comparison site for the gas & electric, once we moved in, 1 we got to choose, but the other supplier said, the old tenant moved out and owed money, so they denied our right to use an alternative supplier-and sent us some paperwork that said they had to be our supplier, it's true, i think i still have that agreement.

Angel_1 I will ask national debtline if they can send me the big booklet thing, all information from you lot, is helpful no matter how large or small.

o.k, back on the bankruptcy again then i think i have caught up with the posts! Am i correct in assuming the Trustee, sells possesions/cars/your home (if applic) to pay off the creditors in short, you really have to have assets for him to dispose of (sell) to make money to pay the creditors off within the 1 year term, to free you of the debts. As we now realise if they sold everything we owned at auction, they would be lucky if they got a few hundred quid for everything, therefore in our case the Bankruptcy could not be settled. However i understand the trustee can have an order made whereby, an "Attachment of Earnings" can and would be placed on the Bankrupt person's wages for a duration of up to 6 years to pay the debt. That would also not be very good for me iether would it, i would be more or less in the same position as i am now, and not debt free in 1 year like this "option" of Bankruptcy suggests. am i right ?

 

end note; if you helpful lot can pick apart the CCA's when i get them and post them here, hopefully one or two can be made "unenforcable" and hopefully the rest will be dealt with somehow. I truly feel i am going to end up in a County Court and I will have Creditors throwing court papers at me, i honestly feel that at this moment, that would be the best situation for us. the best i can hope for is that a court will make 1 agreement unenforcable (the Apex one) and the others have to be paid at £1 a month for the rest of my lifetime. At worst, i ask the creditors to let me make payments of £1 a month-then when they realise i am serious, and they have little to no chance of ever getting their money back that they then, Declare me Bankrupt, along with my wife. I doubt i will ever need a mortgage again anyway, and no i wont EVER, EVER accept a credit card again or take any loan out, i'd sooner go without! FUNNIEST THING IS 2 of the banks HSBC & NATIONWIDE told me if i didnt accept their credit card when opening the accounts, i wouldnt be approved for the bank account (HOW IRONIC!) but in fairness one woman said, You have to sign for it but it doesn't mean you have to use it, cut it up when you get it if you dont want it OH GOD I WISH I HAD!

 

Thanks again for reading all this, but in fairness you guys asked for a lot of info!

 

*** see next page..

 

:)

Edited by iwannawinlotto
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Moorcroft , Fredrickson, Apex could go on the back burner.......

 

these are all bottom feeders....grabbing the bits no-one else wants

 

I have a huge stack of letters from them...:) they all get filed under bin... they dont tend to go to court...usually they know they dont have proper agreements

 

Is the hsbc a loan ? that seems serious money

 

you really need to get copies of all your agreements and post them here so we can pick them to bits....remove personal details first though. if you havent got a scanner you can fax them to me and Il'll scan them in for you

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi, everyone who has posted is subscribed to your thread so they will keep an eye on you and your questions.:D

 

Dont worry, we wont desert you.

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the main man, i thought i had listed the creditors and debt collcetion agents, i am getting a bit tired now, gonna check that tomorrow for you.

 

dave fire walker, had tried to scan an agreement on to a forum before, the same one i ahve still for Home Learning College, may take you up on your offer-as it just wouldnt load on to the site, so may fax you the agreements, because you lot will be busy.

 

Do most of you agree, it would be sensible FOR NOW to keep making my payments once a month (end of monthly) to DFH to keep everyone happy at least until we have these CCA's plastered on here, and after i have got more advice from a free debtline? i feel it would be best, anyway you lot can go over what i have written today to see if you missed anything important. Bye for now, check back tomorrow (Tuesday) tea time incase you need more info that i can supply. Thanks, everyone.

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PM'd you my fax number if you need it

 

dont worry your in good hands now....:)

 

rgds

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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