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Hi again

 

How long did that take you to type?:)

 

Okie dokie - Deep breath now, it's a long one:D

 

First off, if you can bear a bit of hassle (a lot to ask when you feel like you're drowning I know), you could really do with dumping the 'professional' (and I use that word quite wrongly!) company and going it alone.

 

You will more than likely get a lot of phone calls when you start, but as long as you keep sending the 'no phone calls letter' (which most people on here will likely have a template for that you can use), they do eventually tail off. For the period before they do though, you simply get the name of who is calling and then repeat the mantra 'I do not talk about financial matters on the phone. Please write' until they hang up. If you can't face talking, just keep a log of the phone number, time called and date called every time you are phoned. Oh, and if you can possibly manage it, a recorder for the phone is a very good idea.

 

Letters will be sent which will scare the pants off you, threatening all sorts. When that happens you come on here, either scan or write what has been sent, and then find out that it is just an empty threat and you can deal with it easily. I haven't had a letter yet that some kind soul on here has not been able to dispatch for me with a suitable response if I've been worried.

 

The creditors refusing to deal with the CAB is very poor, and against OFT guidelines, but that's only to be expected.

 

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
That's really not necessarily true. For a start, in the big scheme of things most of your debt is reasonably small amounts (apart from the HSBC one) spread over a lot of cards to equal one big debt. This means it becomes less worth it for the banks to take you to court, as it costs them to start legal action. Also, if your I/E shows your actual income and expenditure (you know, like enough to enable you to heat your home!), as opposed to the ones you were told to put, they will be able to see you do not have spare cash. This may well not make them any more sympathetic, but if it does go down the court route how kindly is a judge going to take to a creditor insisting you pay them rather than keep your kids fed and warm? Even HSBC with the big debt will not be awarded any more by a judge than you can afford, so if you have no assets to sell or house to get a charging order on, there's not much incentive for them to do it.

 

Also, it's not like you make a smaller payment one month and the next you're in front of a judge. OH has been paying MBNA the amount he can afford for the last 7/8 months, not what they want. We've had 20+ letters from them - very few phonecalls really though after telling them to go away - but they are nowhere near court action. BOS have not been paid for a few months due to unenforceable agreements, but they too are not seeming eager to go to court. It was threatened on one account, but after a superb letter (from another member) was sent, not a peep from them. Obviously not all banks will be the same, but it's not something they seem to jump into with any great speed.

 

I believe a lot of it comes down to the circumstances you give them. I had a pretty sh**ty run of luck when I became ill and my OH lost his job due to taking off to much time to look after me and our (then) baby. When I eventually got the guts up to write and ask them for help (this took literally years of living on the edge - we'd already lost our home and gained another child by the time I did it!), all but one accepted my pro-rata offers (ironically the 'ethical' bank:rolleyes:). The letter I sent gave a completely true account of the state of affairs, but I steered away from being too personal - just gave them the facts. Two of my cards totalled more than your whole debt currently stands at (OH had a good job previously so credit was no issue), but I pay them less than £50 a month between them, which is what I can just about afford. If I could only afford £1, that is all they would be getting, regardless of how loud they shout.

 

I'm unsure as to why your utility company wouldn't let you switch due to someone else's non-payment? Unless they were expecting you to pay, I don't see their reasoning here. Anyone else have any ideas why this might have been done? If it was a while ago though, it may be worth another phone call to them. If they still won't play ball, perhaps they have a hardship plan they could put you on?

 

Bankruptcy - this is from the National Debtline book that they sent me

Bankruptcy is really a last resort and most creditors are unlikely to make you bankrupt. You must owe £750 or more to that creditor before they can make you bankrupt. It costs them money in court fees and they are unlikely to get the debt paid back to them unless you have assets that can be sold to pay your debts. The aim of bankruptcy is to claim assets that can go towards paying off your creditors. Once you are bankrupt, your creditors can usually take no further action against you.

 

You can make yourself bankrupt but the fees are high (Court fees £150, petition fees £345).

 

Bankruptcy can be a solution if you owe a lot of money, have no assets, and can see no way of ever paying the debts off. You are made bankrupt for normally up to one year. Usually debts that have not been paid are then written off and you are 'discharged' from the bankruptcy. You may still have to make monthly payments for a total of three years under the terms of your bankruptcy order.

 

I don't see any reason though why you would need to go down that route yet, if at all. You may find you have unenforceable agreements, and hopefully in the meantime you will be able to reduce your payments and chuck the DMP company who seem to be very adept at not getting you out of this mess!

 

Hopefully not all of that was ramble and some of it will be of help - assuming of course you've not fallen asleep in the middle of reading it!;)

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Davefirewalker, Thanks for the p.m, i am going to attempt to again scan & upload the one CCA i have on to here, along with this message. if it doesn't work i will fax you tomorrow the cca, and i gratefully accept your offer to scan it on to this forum. i do hope your fax is private, as i hope you get it and not someone else in an office! i wont send you pages loads of pages, maybe 3 to put one here if i cant get them on myself. Hey just an idea, I CAN SCAN THE LETTERS & ATTACH THEM TO YOU VIA E-MAIL, IT WOULD BE QUICKER AND BETTER QUALITY-OR ELSE I HAVE TO USE THE FAX MACHINE AT WORK, GOES WITHOUT SAYING, WILL NOT DIVULGE YOUR E-MAIL TO NO ONE WOULD THIS BE O.K Davefirewalker???

be in touch soon.

THANK YOU ALL, IT IS A SELFLESS ACT TO OFFER YOUR TIME TO HELP ME WITH MY PROBLEM & I AM ALREADY STARTING TO FEEL A LITTLE BIT LESS HELPLESS!

 

 

Lexis200. i agree not using DFH would be no huge loss, but until i have got you lot to tear apart the CCA's just until then, i had better make at least the next payment, it's breathing space for me. The phonecalls i will deal with as you suggest.

The letters the creditors have previously sent me, did scare me out of my mind, so i dont expect they can scare me more than they did previously.

 

I admit, it is my family suffering terribly, i am trying to sort out better insulation for the house, via the grant thing from the Government, also i have put the heating on intend to keep the house warm-i did not allow a an accurate figure/ realistic for the gas & electric (as you all know) both have risen stupid amounts, so i will allow much more money on the income & expenditure form that i will submit, which leaves less for the vultures to share each month, so sod them family comes first, debts second!

Dont want to make a song & dance about the utility company, but basically when we moved in the previous occupants owed money & did a dissapearing act. When we moved in and chose our provider we were told by the current one of the situation and they said they had "raised an objection" to us using another supplier and they stopped us choosing our own, cant find the letter now though have looked!, but i have one here from n-power which states "You will automaticallly become an npower customer on a deemed contract" but basically i have bigger fish to fry-so this small matter of "consumer choice" of a utility provider isn't really important to me right now. so let's forget about that.

 

But Lexis, your post made a lot of sense to me, i was partially right with the Bankruptcy thing-although i must stress i would rather not let it come to that-but if someone forces it upon me (creditor) then i will just have to deal with it, none of your post was ramble, and what you wrote is sensible and when i read it i felt better-i can see you speak from experience & that you had a rough time too. it seems IF as you guys say it does all end up in a court, it wont be instant and could be months away-which gives me time to to minimise the damage. ok gonna try and get some agreement bits scanned on to here now, if they dont appear on here tonight it means it is a technical problem & just wont upload, so check tomorrow night or next night. Thanks again. by the way i have paperwork from HSBC which says "fixed sum loan agreement" from late in 2008, they consolidated the loan and credit card in to a "managed loan" is this a CCA? should i put this on here?

 

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Yes, me again, what on earth is that above! i dont know, i cant be good at everything! i tried to upload from photobucket, doesn't look too good-out of frustration i will try this now, dum de dum erm...

 

nope can't use a direct link to photobucket because part of the link shows my real name, anyone offering to let me just e-mail 3 pages?????????

 

I have only just got the hang of copying & pasting-but it don't work on this site grrr!

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Hi again

 

I'm glad it helped a bit.

 

The only reason I was harping on about the utilities is not so much to save you £20 over the course of the year, but more because if you are with the right company they could possibly help you with actual payments. EDF for example have an energy trust and may be able to grant a lump sum towards a future bill, just giving you a bit of breathing space. EDF Energy Trust - About Us: a history of the EDF Energy Trust

I thought it was them who had the tariff for people on low income, but I can't actually find it now so it may have been another company.

 

Certainly though starting to deal with the main debts will at the very least make you feel better. Personally, I found that once the first letter had gone out I had a wave of relief. Even if the result isn't quite what you expect, you will most likely feel better simply by knowing one way or another!

 

I've no idea about the consolidation question I'm afraid, so I'll leave that to the rather more knowledgeable bods on here.

 

Good luck with your uploading:D Don't forget to obscure all personal details, and any ref. numbers that may be showing!

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Lexis200, don't take what i said the wrong way, you did not harp on-i am so sorry if you felt like i was suggesting that! No way! i am not like that, in life or on the internet. So i apologise of course sorry!

 

i have waited a mind numbing 34 minutes (i think it was) for my attachments to an e-mail to upload! the agrrement bits i sent to a new friend on this forum, should hopefully be on here soon...

Meanwhile, you remember i said i was actually starting to feel a little bit of relief, think i said that yeasterday, well-guess what i got in the post today? B e a utiful! oh yes just when i thought i had enough Cra* to deal with... "In respect of the outstanding amount on this invoice the next recovery stage is to take action against you in the county court unless a satisfactory payment arrangement is made" if the county court action is taken North Lincolnshire Council will request court fees and costs to be awarded against you and may also seek interest charges on the outstanding amount. You must contact me within the next 7 days to make an arrangement. if you do not respond within this time the outstanding balance of £515.00 must be paid immediatly.

 

Yours faithfully

 

Mr M. XXXXX

Exchequer manager

 

OH MY GOD, JUST GIVE ME A BREAK WILL YOU! This is from the council who lent us the BOND money to pay the private landlord because the housing association did not have any accomodation for us!!!

Now i really have had enough, WE GAVE THE BOND TO THE LANDLORD, THAT IS OUR BOND MONEY-IF I ASK FOR IT BACK WHAT THEN!

i MUST CONTACT THEM, INFACT I HAD BETTER DO IT RIGHT NOW, SHOULD I JUST SEND THEM THE FIRST FEW PAGES OF THE BEGINNING OF THIS FORUM I POSTED???

JUST ABOUT AT THE END OF MY ROPE I REALLY AM!

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i am not a bad man, i am not an evil man, but someone up there sure doesnt like me very much, i know my screen name is "iwannawinlotto" but i cant afford to play the damned thing, how much Cra* is a person supposed to be able to take in one lifetime, if there is Karma, i must have been Hitler in a previous life!!!

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Hi, there is no way the council can demand this money back from what you have said. I suggest you contact your MP if you can't get it sorted out with the council. MP's are very good at making councils behave.

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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I am truly horrified to read your story.

 

And it makes me so angry to see people who don't work, and who have never worked, reaping in cash from the benefits department for themselves and their children and never having to worry about surviving for three weeks on £69 :-x

 

Are you sure your wife isn't entitled to Jobseekers allowance? What about incapacity benefit for her depression?

 

Your poor children, you shouldn't have to live like this.. Davefirewalker brought my attention to this thread, on another thread. There are good people on here, and intelligent people who will help you.

 

You need your medication, you need it so you can be around to be a Dad for as long as possible.

 

In this day and age no working man should have to live like this :( I am so sorry.

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I completely missed the bit about you not taking your medication due to the cost of scripts, but as Cadencealex said, missing important drugs is a big problem (been there, done that, got very sick because of it!)

 

I'm lucky enough (so to speak:rolleyes:) to be exempt from script charges at the moment due to tax credits - if I wasn't I'd be looking at about £60 a month. However, when I was younger, not with decent money but also without any benefits, I went to my doctor and explained that I couldn't afford the monthly amount, but also couldn't afford the lump sum needed for pre-payment scripts.

 

Now I did know my doctor very well due to long term illness, so that may have helped, but he used to give me scripts to last 3 months. This meant that I was only paying 1 charge for 3 months of drugs.

 

I would try the same thing with your doctor and see where it gets you. Even if you can get a couple of months worth as your repeat rather than the standard one month it's better than nothing. You don't need to go into a detailed breakdown of your financial issues, just tell them at the moment you're struggling to get the script filled every month and would they be able to make it a larger amount. Or even say it's because you find it hard to get the time to pick them up every month and it would be easier if it was less. They're long term drugs so it's not a stretch to say either of those things.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Thanks to the recent posters, i will think about what you have said, Goldlady-the letter may well just be a scare tactic, but they scare the pants off you don't they. I did get a letter off in the post to them, last night-i offered a £1 a month and explained the situation. if get too much hassle, will get an m.p on side.

Cadencealex, yes there are people who know the benefit system inside out, if you know what to do, you ARE going to have everything paid for you and you can just sit at home whilst people like me, pay £70 a week in tax-to subsidise these types of people, meanwhile my family suffers! mad, oh yes it does rile me! There is a man who is on benefits, he knows he is better off on the dole, so when he is sent to interviews, he goes dressed scruffy, and shows no interest, that way he never gets offered a job and he stays on benefits! tut tut.

With the jobseekers allowance thing, Last Friday Jane went for an hour interview with them, she has claimed nothing in the last year, i have supported all of us, she was told this recently, "your claim is based on 2005, and as you didnt work that year, you are not entitled to receive any jobseekers allowance" that's it, she was having our second born that year, she couldn't work. YOU WONT BELIEVE THIS THOUGH, WHILST SHE WAS THERE AND WAS TOLD THIS, SHE ACTUALLY APPLIED FOR ONE OF THE VACANCIES WHICH WAS THE SAME JOB AS THE WOMAN WHO HAD JUST INTERVIEWED HER! I HOPE SHE GETS IT, THAT'S WHAT I'D CALL JUSTICE!

Erm, Lexis200, dont know anything about "incapacity Benefit" for depression, my missus will be fine, if she just gets a job, with 2 incomes we'd be fine. Besides, you must be getting an idea now, that we are not wise enough to get any help with benefits and things, we mostly have been turned down. as for the meds, i just don't care! i am at the stage where i think it may be a blessing, at least it will be instant, but then i won't be around for my boys; so it's a double edged sword, if things improve will possibly get some more ordered, kids and wife first though.

Never a dull moment, Today also, health visitor came to see jane, jane said the health visitor sat with a coat on for the time she was here and said the house was freezing, blah blah-now my wife told her almost everything, going on-and the health visitor has offered to put a strong letter in to the housing association which she says will get results...

She says it is unacceptable for us to be living like this & we could be re-housed. i have enough going on in my life to deal with at present, so i may have the stress of moving again, possibly to a "Dive" or somewhere with noisy neighbours on the worst estate in the town??? would it be worth those things to save £200 a month on rent? I currently pay 45.5% of my monthly wage just on the rent here. dont really know what to do now.

 

i just feel like i'm going round in circles with debts, but i suppose, with the help promised on here, hopefully it won't be as bad as i thought.:rolleyes:

Oh am cancelling the plan with DFH before the next payment due, or we will only have £69 again for this months shopping, so i will be bombarded soon!

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Hi again

 

I have no idea about incapacity benefit either, I think you may be mixing my post up with another?

 

As for your meds, it's not just a case of not being around for your boys, it's your wife too. You've stated you have no idea about benefits. You are bringing in the only wage at the moment - if you're not there what happens then? Sorry to be so blunt, but you can't go thinking that it won't matter, or worse that it would be better, if you aren't around.

 

We have housing association people on our estate, although we rent privately. It's only 5 years old, and they are nice people. You may find yourself in the same sort of place with the same sort of neighbours, don't go thinking that because it's HA it's automatically a dump. That's not necessarily the case. Plus, as far as I'm aware, if somewhere really isn't suitable for you, you don't have to take the first place they offer (can anyone who actually knows about this properly answer that one?)

 

As for benefits, I think someone posted a link to 'entitled to' earlier in your thread. It would be soooo worth you spending 10 minutes going through it to see if there is anything that can help you. You may not want to have to ask for monetary help at the moment, but if it gets you through a dark patch why not?? As you said, you've paid your taxes, let it help you if it can rather than the bloke sitting on his a**e.

Time flies like an arrow...

Fruit flies like a banana.

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Hi, again, Sorry Lexis, yeh the meds thing was from another poster above.

 

my mind is very busy with all that's going on at the moment, so sometime's i think i have said things that i should have put in a different way-but without realising until later. i don't mean any offence to people in low cost housing ie, Council nor Housing Associations-but i think people may get the wrong idea. I expect every town has an area where you really would not want to live, and there are 2 or 3 areas near us that if we ended up being offered a place there-well let's just say i'd rather not think about it.

 

I did e-mail Davefirewalker, the agreement bits and bobs, don't know if he got them???

 

Today got a card through the door "My recovery officer MR Xfailed to get a response to their visit today and require you to contact them Urgently on the above telephone number" The "urgently" was underlined twice in biro- that was the council again, the letter to them was posted recently.

 

I will have to go back to the beginning of the posts, and start going through the links again to refresh my memory.

Interest seems to have tailed off lately, i hope everyone comes back when the credit agreements are put on here (when i get them)

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Hi Iwannawinlotto

 

I havenet had the email.....yet

 

just been checking my junk folder and nothing.

 

will pm my email and an alternative......both are private

 

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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I am still here:)

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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Well, as you may of guessed i do not work with computers all day in an office. so skills a bit lacking, had problem with Javascripting. Woh, just got the pictures on and they took up the whole page, ie lifesize! gonna try & reduce them. HOW DO I FIND OUT IF I TOOK OUT payment protection insurance with the credit cards or loans?

 

 

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Edited by iwannawinlotto
trying to add images in acceptable sizes.
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It seems as though you have managed to post them yourself......no probs then...

 

OK the agreement....page one is obviously the regulated agreement, and from what I can see it has a signature and the prescribed terms...so in my opinion it would be hard to challenge.

 

the other image is obviously some sort of invoice....not a regulated agreement

 

Now then... the letter from HSBC....mentions payments of £74.09......this cant be related to the above agreements must be for something else

 

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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The £74.09p is the agreed amount to pay, monthly to HSBC via DFH. the original amount was well over £100 a month. The £74.09p is for what used to be our "old loan" but they consolidated (?) it in to "A managed Loan Arrangement" with 0% interest recently.

The white agreement at the top of the 3 is what was sent to us when i issued a CCA request to Apex cred management, (who act as DCA for "Home Learning College" this is the firm we need dealing with as this is the one agreement we believe could be made unenforceable.

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What about the cancellation details? They should have sent copies of the cancellation notices when you signed up to the agreement - did you receive these?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi sorry to interupt but i noticed your housing situation and have been in those circumstances. heres how we got rehoused

A) go to doctor get letter of support for housng officer at council- wifes depression needs highlighting/letter from health visitor too

B) similtaneously, report your damp problems and any other health and safety issues to your council health and safety officer-send copy with application for housing-and ask for an inspection and report

 

this should help you when you ask your landlord to address damp problems which cannot be just from lack of heat(they sound too severe;plus she may offer to supply dehumidifier/help with heating costs til the problem is rectified, which the H&S officer may put pressure on her to do)

You can reject a property in a bad area and not be refused another only with a very good reason. I managed to get letters to say my first 2 offers would have ended up with mental health problems escalating in a return to hospital ,meaning there would be noone to look after my daughter.(this genuinely terrified me and i was finally offered my first choice area, quiet and safe)

You may have to swallow your pride but if the landlord fails to respond to your requests then let them evict you. it will take months, you have rights to withhold rent if the repairs are not carried out which is why you need the councils support and medical support.

They are likely to offer appropiate accomodation temporarily for 2 years, but not until they can class you as homeless which wont happen until you receive an actual eviction date(it could take literally months and frequently does) but with constant support and self assertion i managed to get a 3 bed house in nice area while i sat out the 2 years(most councils require a surplus of properties ready for families in circumstances like this- you may get a flat with the promise of a house later on- refuse-i said this would make me a recluse living in a third floor flat-it worked)

 

I realy wish you success after your troubles. But please try to keep calm. Explain to the housing officer about the bond money you may find they are able to accept it at a later date or in small amounts.

there are some good knowlegable people on here. I hope that there is something in my post you can use.i cant help with the rest but have had a fair few dodgy landlords in the past.Please at least get health and safety onto it.

good luck

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What about the cancellation details? They should have sent copies of the cancellation notices when you signed up to the agreement - did you receive these?

 

Yes of course, it's a beauty only 7 days to cancel !, they just bought time and asked her to try the course a bit longer when she said she couldn't do it-gave them enough time to then say-we dont care now, nothing you can do. The cag forum search box for HLC yields results, there are so many people who have been shafted by HLC, Only the FSA can do anything about them, if enough people complained.

 

 

Petcat, thank you for taking time out of your day to offer advice to me, i appreciate it. i will take on board the points you made.

i know i could get the HSE involved, i have addressed problems to the landlord but they made it verbally clear they were not interested in doing maintenence on the house-she said basically so long as the rent is paid on time every time that's all she is bothered about. if i rock the boat by getting HSE (Health Safety Executive) then the landlord will just find excuses to terminate our contract and put us on the street-think i'd rather try the other route, with the letters/housing association then be offered a place with them, at least i could then get a very good reference from the landlord & just tell her the lease is expiring & we have been offered a new place, and the rent is almost half of what it is here-i can't turn down that offer. don't worry i am not protecting the landlord, i am simply keeping the peace.

 

Last night i went through the links again, and customised some template letters for token payment offers, explained briefly that circumstances had changed, and added CCA requests for the creditors & DCA's. they are now printed & just waiting for the end of the month until i can add the postal orders etc. done and dusted, it's just a waiting game now. by the wayy the income & expenditure sheet i was given on that link it much more comprehensive than the tiny very basic one that DFH sent me.

in short, if i just put down the current rent & the average of £125 a week shopping bill (that seems to be the average for a family of 4) then just those two things a month takes care of most of my wages! However i will be as truthful as possible with the budget sheet.

Edited by iwannawinlotto
added more info.
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Yes of course, it's a beauty only 7 days to cancel !, they just bought time and asked her to try the course a bit longer when she said she couldn't do it-gave them enough time to then say-we dont care now, nothing you can do. The cag forum search box for HLC yields results, there are so many people who have been shafted by HLC, Only the FSA can do anything about them, if enough people complained.

 

Ah yes, but if the cancellation notices weren't sent, the debt can be unenforceable;

 

64.—(1) In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,—

(a) must be included in every copy given to the debtor or hirer under section 62 or 63, and

(b) except where section 63(2) applied, must also be sent by post to the debtor or hirer within the seven days following the making of the agreement

 

Then;

 

(5) A cancellable agreement is not properly executed if the requirements of this section are not observed

 

And then s.127(4)(b);

 

(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

(b) section 64(1) was not complied with.

Always happy to help where I can!

:lol:

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Hi

 

A couple of things to remember for when you send your I/E sheet off to the creditors.

 

Don't sign any of it. Either print your name, sign on a patterned background, add letters into your signature, or my personal choice, use a digital signature - vLetter Free Font Demo Online - Try Our Real Cursive Handwriting Fonts is the place I use which is easy and quick.

 

You DO NOT need to let them have your signature for CCA requests, or send them any other documents they may ask for. They only need your I/E form as this is accepted as a true reflection of your finances. If you have any problems with this regarding them, I should have a letter you can use to send them off with a flea in their ear (it worked for me with Cap1 and Co-op)!

 

Remember what you put on your form is what you need to live. They know this. So, if/when they try and get you to up what you've offered, keep that in mind - they can afford to lose a tenner a month; you can't.

 

Lastly, if you haven't already got it in your covering letter I'd ask them to freeze interest and charges on receipt of your letter informing them of your change in circs. I didn't do this, and as a result ended up with between 1 and 3 months interest and charges being added whilst the account was being looked at. I'd just say something like as you've informed them of your difficulties, you would appreciate the interest and charges being frozen whilst they assess the situation, in order to stop the balance growing.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Cheers car2403, well that sounds interesting and even though i have now read your post twice, it still sounds like i need to be a solicitor to understand it! (haha) yeh i know but everyone puts LOL! seriously though, i think am just about getting the gist of it., yes that may well be a very useful piece of info to have, but what would be the best way to use it, without going to court should i just explain to the FSA about HLC & the credit agreement or approach Apex first? because as far as i know too much time has elapsed since the agreement was taken out? correct me if i am wrong.

 

sounds like the Health Visitor lettter will only get us 15 points, so i have been informed, i think you need many hundreds of points for a housing association house-we was on one of those lists before for a long time, about 2 years and were never offered anything, so dead loss by the sound of that. However the Council have accepted a small token payments for now £1 per month.

 

My boss reconsidered the no pay rise this year and gave me £40 a month more effective immediatly. i have completly rewritten the I&E sheet in our favour and we can now with the payrise still pay creditors. I have increased gas,electric & food, and we seem to break even. so am happy that we can live & survive another winter!

havent visited here for a few days whilst i tried to juggle all this finance around, but now i am back, i have confused myself. gonna have to go right through these pages again now to find out where i am with this lot, the main thing is that our situation has improved, because of my payrise this month, and that i can stave the wolves off for longer! back soon.

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Oh that is a bit of good news isnt it?. I am sure if you keep chipping away then you will soon be on top of things. :)

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