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Serious Debt Please Help


Teldave
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because no one has posted on it for the last 5538 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Hi

This is my first visit to this site and it is has been a godsend finding it

I was seriously thinking of ending it all because of the stress of my debt

 

I owe alot of money due to my parents dying within 7 days of each other

two funerals to pay for and all my mothers respite care in excess 60K.

 

I am a contractor so no work no pay

been really ill so got behind with everything.

 

Mercers I spoke to today and even though they set up a direct debit for £50

because I cannot pay them until next payday 3rd March

they said that they would take it but because I cannot pay £200 today

they will refer it to a DCA who will come to my house for payment

and if not then it will go to court.

 

They said the calls will continue even though I asked to be taken off their dial up list

because I hadn't paid anything today and even though I have written to them

and offered £50 they cannot accept it unless it is a DMP through a DMP company of CCS they made me cry.

 

Any assistance with HFC bank would also be useful

as I can't understand their operatives and anything I pay them over the phone

they charge a 1% fee on top for using a debit card.

 

Please please also don't do what I have tried playing on line bingo with Gala TV

as they take more off you then you ever win it

just doesn't work gambling to try

and solve the problem you end up owing more then the original debt.

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Hello, welcome to CAG. You will receive lots of advise and support from everyone on this site.

You need to list your debts and work out what sort they are. Send CCA requests with £1 post orders, do not sign and send recorded delivery. CCA requests cover loans and CCs. Any replies you get post and someone will give further advice. Do not post too much information as DCAs read this site.

Do no panic, because all financial problems can be dealt with.

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I forgot to say, do not talk to them on the phone, they lie and intimidate you. Keep all nvelopes and write the date that you reveive them on them.

Start different threads for different battles as they are easier to track and get correct advice.

Finally, get folders to keep everything separate.

I hope I'm not giving you too much info but you can then start to work your way through things and feel as though you are once again in control.

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Whoa, the first thing you need to do is just calm down a bit.

 

There are plenty of knowledgeable posters who will be here to help you all night, and nothing can be done to you until tomorrow at the earliest!

 

There will be an answer to this problem, even if that answer is bankruptcy. It is a hell of a lot better than suicide.

 

For now, just calm down and try to work out a plan to get your life back in some kind of order. Stop engaging these idiots on the telephone as they are only making the problem even worse. They are putting pressure on you, just at the time you can least afford to be pressured. Right now, this evening, pull the telephone plug out of the wall. Tonight, you need to think.

 

The first essentials to think about are a) banking security, and b) communication security. Once those have been dealt with, then you can begin to deal with the problem of the alleged debts. I will be back with more posts.

 

SH

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Post whatever you like. The more you share the more we can help.

 

The only thing to remember is not to be too specific about your personal; details and dont give any details out or accept advice by personal message.

 

The info you get on CAG will make Mercers cry.

 

Pull the phone cord out of the wall if they are getting to you.

 

If you dont want to do this, refuse to confirm your details when they ring.

 

Just say "Put everything in writing"

 

and do NOT let them get you into a conversation under any circumstances. They will fill your head with nonsense.

 

More advice coming.

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First of all cancel your direct debit you've just set up. There is absolutely no guarantee that they'll take only £50. Next you must send a CCA request to your creditors to see whether they are enforcable.

 

Even if any of them applied for a CCJ a judge would look at your circumstances and make an order of which he thinks is affordable to you.

 

Send the following letters to Mercers & anyone else who is pestering you & remember no more cosy 'phone chats evrything must be in writing from now on;

 

Request for information under section 77 of the Consumer Credit Act 1974

 

Dear Sir/Madam

 

Re:- Account/Reference Number: XXXXXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this particular credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Section 77), I am entitled to receive a true and legible copy of my credit agreement (containing all the required prescribed terms) on request.

I enclose a payment of £1.00 which represents the statutory fee payable under section 77 of the Consumer Credit Act.

 

This sum is not to be assigned or used for any other purpose.

 

I also understand a true copy of my credit agreement must under such statute be supplied within 12 working days.

 

Should you fail to provide the agreement then under the Consumer Credit Act you will be unable to enforce any such agreement, or be entitled to any further payments whilst you continue to fail to comply with this request.

 

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

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

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Please, please put all thoughts of ending it all out of your mind. You will find all the help & support advice and information you need to deal with these debt problems on here.

 

As cymruambyth says get organised with files for each debt & start up individual threads.

 

If you want someone to look at any letters you have received then try using photobucket to upload the letters into your threads.

 

Keep your chin up & remember your are not alone :)

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Hello Teldave. Sorry to read of your situation. In 'glass is always half full mode...'.

Playing bingo is unlikely to solve your problems or (more importantly) make you feel better, but this site will. Spend your time having a good read around the threads (particularly stickies) and appreciate the heart warming threads of turning the situation around. Do you have access to telephone recording equipment, that may come in useful. As has been previously stated, first off is CCA requests (don't sign letter N) to establish if any alleged debts you have are enforceable. If you're unsure of anything, just post an update in your appropriate thread.

 

PS: You need to open up a 'parachute account' that is totally independant of any alleged creditors (I use Co-Op cashminder) but its upto you

Edited by blipvert
ps
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This was going to be the subject of my next post – banking security. I wish I was allowed to post the link to my own website because I've got a five part introduction to the debt collection industry, complete with videos, which would have been very helpful to you.

 

You have been giving out your debit card details and setting up direct debits, which are definite security risks to be avoided. I know you say you are a contractor, so that may complicate your banking arrangements when compared with an ordinary employee, but you need to get rid of any card which has been charged by a debt collector. You need to cancel that direct debit straight away as cerberusalert has already said.

 

The best bet if you can do it is to set up another brand new basic bank account with a bank totally unrelated to any you have had past problems with. This way you know that neither the card number nor the bank account details have ever been given to a debt collector. That is not only the best option for security, it is the best option for peace of mind. Get any pay paid into an account where the money is safe – that is the very first step to trying to restart your financial life.

 

SH

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Next post – communication security.

 

You have already been subjected to awful telephone harassment, and that is not going to stop. It is only going to get worse.

 

Being a contractor you may well have a greater need for the telephone than many of us. My answer to telephone harassment is simple and cheap – I pull the plug out of the wall and leave it out. I have no living family or friends so the only telephone calls I ever get are nuisance calls from commercial organizations. I wouldn't waste time with a telephone at all if it didn't come as standard with the broadband package.

 

Your situation will probably be very different. You could have a look at the post I made concerning Skype, which gives you one possible option of cutting the nuisance calls dead. I suspect even this will not be a usable option in your case.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan-2.html#post1770207

 

If you rely on the telephone a lot as part of your business, then have a look at the trueCall. It is not cheap, but it is a one-off expense that will give you control again over your telephone. Depending on how much you use the telephone as a work tool, it could be a very important investment.

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=143

 

If you have to keep taking the nuisance calls, just refuse to go through the security questions. Even that can grind you down when you are having to deal with endless idiots making nuisance call after nuisance call.

 

Take control of this as soon as you can. It will help you to cope better with the overall situation.

 

SH

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Hi, So sorry to here of your problems,

 

Please post what ever you feel like, when you've got problems the more you talk the better, and you have lots and lots of advise here, I know only too well as I too was in so much debt, but these good people helped me through it all, you can come the other end of all of this, just let us know how you feel and all your problems will be a lot easiier beleive me and you will truly get to know some really good freinds and the offer of really good advise.

Remember any time day and night, your thoughts please.

These guys really know there stuff,

Just grow and grow with the strengh to carry on, we are all here for you.

You are not alone

 

Lynn

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Once you have decided how you are going to secure your banking and your income, and then how you are going to deal with the problem of nuisance telephone calls, then you can sit down and work out how to handle your alleged debts.

 

The first step is to get a piece of paper and list every creditor, along with the amount (roughly) that you owe (or allegedly owe). Then, create a filing system so you can put everything relating to each alleged debt into one place, and keep it separate from all the others.

 

Once that is done, make sure that everything is properly filed. You will be getting deluged with paper, so keep it all in place. One tip I use is to keep a black bin bag at the bottom of the stairs by the door, and anything which is junk just goes straight in there. When the bag is full, it just goes outside the door on Thursday morning ready for the bin men. All junk mail goes in there, with the envelopes from anything which is not junk and needs filing. Only the letters themselves go up the stairs, and straight into the appropriate file.

 

Once the alleged debts have been listed, you can work out how to handle each individual case. Credit card and loan debts should be approached by sending off a request for a true copy of the agreement. You could even chance your arm and do this for overdraft debt, although it isn't strictly relevant. Overdrafts are usually attacked with a SAR to find out the level of any unlawful charges.

 

Take a few simple steps at the start to get yourself organized, and the whole problem will shrink before your eyes. There will be a way out somewhere, and this will help you find it.

 

SH

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just want to offer my support ,the best thing youve done is join this group ,in the begining sorting out my debt i was scared of the postman coming every day ,now i open letters without feeling too stressed , these guys on here are fab any questions big or little or to talk ,just for peace of mind .

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Sorry to hear of your parents death in such a short period of time.

You will get plenty of advice on here and sucide is not the answer to your problems. Its only money and to be fair its not really worth losing your life over is it ?

Scabhunter has given you great advice and you will get great support from people who are down on there luck.

Keep your chin up and dont let this get you down.

 

Womble

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Hi Teldave:) Just wanted to echo the welcome and support. You have had a really rough time and the fact you're having to go through this after losing your parents is just not fair. I know from bitter experience suicide is never the answer. As noomill said- it's just money- the worst that can happen- a CCJ, the best- unenforceable agreements and Mercers and especially HFC can go and jump. Keep your chin up you will get loads of advice and especially support on here so if you're feeling particularly low ther is always someone around.:)

<<<If I have helped please tickle the scales;-)<<<

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Firstly here is a big hug for you

4.gif

 

You have made the first step in sorting your problems by joining CAG

 

I was the same as you, not knowing which way to turn....

Scared to answer the phone and dreading the post

 

But after following the excellent advice given by CAGers, I realised things can always be sorted

 

I have made some excellent 'virtual' friends via CAG and trust me, they are worth their weight in gold

 

Keep smiling... There is always light at the end of a dark tunnel :)

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Just adding my support here. Was up the creek without a paddle two years ago and now life is so much better thanks to the excellent advice I got here. So now I return the favour. You are among friends and we will help you all we can.

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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Hi Teldave,

 

I am so sorry about your loss of both your parents. How miserable you must be feeling right now.

 

I do know exactly how you feeling about the debts. Was almost driven to suicide by very nasty debt collectors in October. Cried and cried and cried. I couldn't see a way out at all. Then I found this site. I am a new girl - joined in December - but I have learned so much in a month, and I feel so much better because I am learning how to deal with these horrible people. If you want to laugh go on to the 'Cheekiness towards a DCA' thread.

 

If you are seriously worried about the gambling you must call Gamblers Anonymous. Gambling is an addiction and an illness. Someone I once loved very much was a gambler. Until I met them I didn't realize how much money could disappear. People can only drink so much, or if they are drug addicts they can only spend so much on drugs a day, but gamblers can lose thousands in a minute. I called about my friend and the guy I spoke to was lovely. It is another support network if you need it, just like the friends you will find here.

 

Take care.

 

DD

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Hi Teldave :)

I'm just back from a very unusual day that I wouldn't have had the courage to even think of without support from this forum.

I'm so sorry to hear of your loss, it must be terrible for you right now.

BUT - with all the advice yand support you've received here so already, I hope you might be thinking differently about things now. It's early days I know, but your life will change!! xx

Sometimes the thought of suicide can be turned in a completely different direction. Sometimes it means that you've had enough of the life you've been living and need that part to stop, so you can start afresh.

We can all help you here, you've received some fabulous posts about learning to stop phone calls - you to them and them to you. That's just the start.

CAG can help you to become angry - and that's very important for you.

Anger is a much healthier emotion, when you stop turning it in on yourself and start thinking about what these banks/DCAs have actually done to you.

So let this really be the start of your new life. Your old life included an addiction, so give it up. Get really angry with gambling and boycott it. It just wants to rip you off. Your old life involved letting people hurt you at your most vulnerable - doesn't that make you feel angry? These people are doing this to millions of people, so get angrier! There are so many positives about to come into your life, tough though it is. We'll all help, however we can. CAG really does change lives, I promise!

Just focus on your new life. Get angry and fight for your new life.

It's here right now. :) xxx

  • Haha 1

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Just to add my support. So sorry to hear of your loss and troubles.

 

You're in good hands and with the help and support of the wonderful people on this site you'll be able to start and take control of your life again.

 

Stay strong :)

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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