Credit Card and Unsecured Loan Debt - Various

[Headinthesand69]

Hi,

 

New to the forum and must say there is a great deal of useful information on here, which I have tried to read as much as possible. Apologies if this is posted in the wrong thread or if I should have a seperate thread per debt.

 

My circumstances are that I currently have around £75000 of unsecured loan and Credit Card debt and due to personal circumstances have not been paying since Mid 2006, of which I am certainly far from proud of, but would like to come to some sort of resolution one way or another. I was dealing with Payplan in 2006.I do not have any assets, apart from a car worth approx £3500 and live in rented accomodation.

 

My current debts are as follows:-

 

EGG CREDIT CARD - £4700

 

This was taken out in Oct 2003 and there is a default on the account from March 2006.

 

The last correspondence I received was from Hodgsons Solicitors in July 2008, saying they had been instructed by Clarity Credit Management Solutions Ltd that the account was in default, pay the full amount in 7 days or they would issue proceedings for recovery and seek prompt enforcement of any CCJ.

 

Previously a CCJ had been applied for by Eversheds in May 2007, with an interim charging order against my old house in June 2007(which had already been sold at this point) and then this was discharged in August 2007.

 

Lloyds TSB (More Than) Credit Card - £6000

 

This was defaulted in Sept 2006. There is also a CCJ from Aug 2007 ordering to pay £125/month.

 

The last correspondence I had was in Nov 2008 from LCS Solicitors, acting on behalf of 1st credit Ltd, saying unless they receive full paymnet within 14 days they would issue proceedings against me in the County Court. Previously, I have received letters from:-

 

1st Credit

Allied International Credit

Red Knight Recoveries

Call Serve

Parkgate Investigation Bureau

Russell and Aitken Solicitors

Debt Managers Ltd

BLS Collections

 

 

Barclaycard - £6000

Last correspondence received April 2007 (statement to old address) saying Mercers dealing with the account. Also letter from Mercers, Feb 2007, stating that the debt would be sold. There is also no note of this debt on my Equifax Credit report, which I found strange?

 

 

Egg Credit Card - £4700

This was taken out in June 2004 and according to Equifax was "settled" in Feb 2006, which it was not.

 

The last correspondence received in Dec 2008 was from Cabot Financial Group saying they had bought the account from Egg and to contact them.

 

Morgan Stanley Credit Card - £5000

This now looks like it appears as "HFO Services Ltd" in Equifax and was defaulted in Oct 2006.

 

The last correspondence I received was from Morgan Stanley in Sept 2006, saying the acc had been closed and it was a Final Demand.

 

Halifax/IF Unsecured Loan - £10400

This was taken out in Dec 2004 and defaulted in Sept 2006.

 

The last correspondence is from the Halifax which is a "Notice of Arrears" stating you may wish to contact us etc....

 

In Dec 2006, a CCJ was obtained for the full amount of £10500, a charge was the put on my previous property in June 2007(by which time it had been sold) and then in July 2007, the Interim Charging Order was discharged.

 

Liverpool and Victoria Unsecured Loan - £10000

Taken out in March 2006 and defaulted in Aug 2006, wth the last correspondence from "Robinson, Way and Company Limited" in June 2008, stating a local collector will visit - still waiting....

 

Previously, the debt had been sold by L&V to Equidebt Ltd.

 

Lombard Direct Unsecured loan - £16000

This was taken out in Dec 2003 and was defaulted in July 2005. In Oct 2007, a one off payment was made to Wescot.

 

The last correspondence is from "Credit Security Ltd" with also "Wescot Credit Services Ltd" mentioned, asking to contact them immediately.

 

Egg Unsecured Loan - £9000

This was taken out in Sept 2004 and according to "Equifax" was settled in Feb 2006, which is wasnt by me anyway!

 

The last corresponce received was from ARC Credit Mgt in Jan 2007, saying they would take me to court...

 

Co-op unsecured loan - £3500

This was taken out in March 2004, with a default date of Feb 2008 and the last correspondence was from "Credit Security Limited" in Oct 2008 asking me to contact them. The letter also refers to Wescot Credit Services.

 

In most of the Credit Cards and Loans I am pretty sure that extra charges will have been incurred at some point.

 

Should the next step in all cases to issue a request for the Credit card or loan agreements? Would this also apply to the debts with CCJ's?

 

Any help/comments/point in the right direction would be greatly appreciated.

 

Thanks!

Edited January 28, 2009 by Headinthesand69

[elliesnan]

bump

[Headinthesand69]

Hi,

 

Any help would be appreciated as would like to get the ball rolling now, after allowing the debt to rip my life apart over the last few years.

 

Should I first send out requests for CCA and also SAR?

 

Does anyone know the effect of the 3 CCJ's mentioned in the OP?

 

Many Thanks!

[Luminol]

Hi there, I would CCA all of them, make sure that they all have the legal paperwork to collect this money from you. i dont know enough about CCJ's to advise sorry, and I would ask a moderator to move this thread to the Debt Collection forum as more people there will know what to do, I have posted a letter here that I have used as a CCA request, you'll have to amend as appropriate

 

I do not acknowledge any debt to {DEBT AGENCY NAME}. To assert any legal right to ask me for payment, you are required to produce documentation to prove that I owe any debt to your company.

 

 

You are reminded that until you provide the relevant documentation, you are not able to process my data in any manner, as you do not have my permission as a Data Subject, and you are not able to pass this data to any company or agency. Prior to processing my data, you are required to send me a ‘Fair Processing Notice’ detailing how you will use my data.

 

 

If you continue to process my data without my permission or before you prove legal ownership of the account, especially with any credit reference agency, I will inform the relevant authorities and take action under the relevant sections of the Data Protection Act 1998.

 

 

With reference to the above agreement, I require you to supply me with a signed, true copy of the credit agreement under which this account is conducted and other relevant documents mentioned in it. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 – s.78 of the ConsumerCredit Act 1974. Your obligation also extends to providing a full statement of account, detailing all charges and payments up to the current date.

 

 

I enclose a £1 Postal Order/Cheque (No …………………) in payment of the statutory fee for my request. This payment is NOT to be used to credit this account as I do not acknowledge any debt to {DEBT AGENCY NAME}.

 

If this debt has been assigned to you from the original creditor, I also require that you supply a signed, true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974.

 

 

A signed, true copy of the credit agreement and other relevant documents mentioned in it, together with a signed, true copy of the deed of assignment (if applicable), should therefore be supplied to me upon receipt of this letter and within the time allowed by the Consumer Credit Act 1974. This letter has been sent 1st class Recorded Delivery No. DH .

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant authorities.

 

I understand that under the ConsumerCredit Act 1974 creditors are unable to enforce an agreement in law if they fail to comply with a request for a copy of the said agreement under the relevant sections of the Act and non-compliance with this request is a complete defence at court.

I look forward to hearing from you.

[42man]

Moving to the debt collection forums...

[Luminol]

and I forgot don't sign your name on the letters, just print it...

[Headinthesand69]

and I forgot don't sign your name on the letters, just print it...

 

Thanks Luminol.

 

Will start with asking for the agreements asap. I presume it would therefore also be a better idea to send postal orders rather than signed cheques?

[Luminol]

yes I would do that Good Luck

[slick132]

Hi HITS,

 

Before you fire off CCA requests to each company, I would see if there is any other advice from some of our debt experts.

 

I'll see who is about and try to muster help here for you.

 

[rory32]

In all probability the loans will be enforceable. The credit cards will probably vary with at least some of them being unenforceable.

 

There is also the issue of the CCJ's. If you don't apply for set asides very quickly then it is more difficult to get one granted. You would need to provide a very good reason for the court to grant it. Ignorance of the law at the time the CCJ was granted would not be considered a good reason for a set aside.

 

You have no assets other than your car which I assume you need for work - is that correct?

 

Have you considered bankruptcy?

 

Realistically if you were not to go bankrupt how much money could you throw at these debts each month and how long do you think it would take you to clear them?

 

Do you know if there are a substantial amount of charges on any of the accounts e.g. late payment fees, overlimit fees?

 

Is there PPI on any of the accounts which may have been missold?

 

I was dealing with Payplan in 2006.

And why are you no longer dealing with them? Was there a problem?

[Luminol]

Rory is here now HITS so I know your in capable hands and I'll bow out, Good Luck

[Headinthesand69]

Thanks for your replies.

 

There is also the issue of the CCJ's. If you don't apply for set asides very quickly then it is more difficult to get one granted. You would need to provide a very good reason for the court to grant it. Ignorance of the law at the time the CCJ was granted would not be considered a good reason for a set aside.

 

I have had a look around on the forum today and found that these are some of the reasons that a CCJ could be set aside:-

 

Valid reasons to have your judgements 'set aside' (to be used on n244 form)

 

Introduction

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

1.Were you given 28 days notice in order to pay?

2.Were you living at the address when the summons and judgement took place?

3.If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

4.Did you receive the summons? They are not sent by recorded mail.

5.Maybe you were unable to attend court and defend yourself.

6.The judgement should not appear on the credit files if it was paid up within 28 days.

7.If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

8.If you did not receive any notification of the judgement/s made against you, then you can appeal.

9.Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

10.Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

11.It could have been that you were away from the time between the issue of the summons and entry of the judgement?

12.Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

13.Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

Lastly...

 

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement/s removed forever.

 

 

 

With regard to the Egg Credit Card for £4700, the CCJ was heard in May 2007 with an interim charging order against my old house in June 2007(which had already been sold at this point) and then this was discharged in August 2007. I had already moved when the documents were sent to my old house.

 

With regard to Lloyds TSB(More Than) Credit Card for £6000, the CCJ was heard in Aug 2007, when I had moved house at the end of April 2007.

 

With regard to the Halifax/IF unsecured loan for £10400, In Dec 2006, a CCJ was obtained for the full amount of £10500, when I was resident at the address, a charge was the put on my previous property in June 2007(by which time it had been sold) and then in July 2007, the Interim Charging Order was discharged.

 

Based on the above info I would have thought that I could still apply for set aside on the Egg and LloydsTSB CC's?

 

Also, if they have CCJ's why do they no enforce them, making me pay?

 

 

I can confirm that I have no assets, other than my car, which yes, I do require for work.

 

I've considered many things - bankruptcy, suicide, IVA, DMP, reduced settlement figures, but as my username suggests.......

 

If I was to throw money at them, now I am back at work (after long term sickness due to depression/breakdown) I could probably afford around £1000/month at a push, so if there were no interest added to the accounts, approx 6 years.

 

I'm pretty sure there will be charges on most of the CC accounts, but unfortunately, do not have most of the statements. Should I send a Subject Access Request?

 

I'm pretty sure there wasn't any PPI on any of the loans, but could not say for certain.

 

I was dealing with Payplan when I was living in my previous residence with my gf, however, when she left, I was unable to afford the mortgage, bills etc, so stopped paying. At this time I was off work with severe depression and let everything get on top of me and stupidly thought that everything would just go away - crazy I know, but that was the state of my mind.

 

Thanks again and any thoughts on the next steps would be appreciated - Subject Access Request/CCA?

[Headinthesand69]

Hi, any ideas comments would be appreciated.

 

Many Thanks!

[Headinthesand69]

Hi,

 

Any comments/advise would be appreciated.

 

Thanks.

[42man]

Hi if it was me in your situation, the first thing I would do is call the National Debtline - this is free and they are totally impartial - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

If you are in rented accommodation and only have a car as your asset then bankruptcy may be an option (BUT i'd only recommend this as a last resort) and there is no stigma attached to being bankrupt any more, it is how you are able to move on with a positive attitude which is most important, and try and put the troubles behind you.

 

I would almost certainly request CCA's and I think requesting a SAR as well (as you should also try and reclaim any excessive penalty charges)

 

If you have got the resolve to fight the DCA's and the impending court action then do, but it could be a battle and a challenge, but if you spend time on here getting to know the ins and outs and you are up for a possible battle then go for it.....!!

 

Suicide is NOT an option, really.... no amount of debt should drive you to this, there is always a possible solution, I have been in similar situations to yourself (as many others have on these forums), and no debt collection agency or CCJ is worth doing that....but reading through these forums and getting the help and advice from people such as the CAB and The National Debtline really gave me great hope, it lifted me greatly to know that there were people out there who have a very special quality, and that is to help others who have been through similar situations. Just remember there are others all over the world who are worse off than you, and it is how you pull through....

 

This is a good SAR to use....unfortunately it will cost £10 (send it postal orders if you can - and send recorded) Send this to the original creditor - remember they HAVE to respond to your requests within 40 days...

 

Keep us posted and if you need any help please shout...

 

This is the SAR to use...

 

address it to the Data Controller at each company:-

 

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

I'll say again if you're not sure or want some help just shout....

[slick132]

Hi HITS,

 

I hope Rory can come back and comment further re the overall picture, ie Bankruptcy and other options.

 

Speaking generally, I think that you should send out a CCA request for each of the a/c's. This will cost only £1 each.

 

However, do all the creditors have your present address - I'm wondering why you are not being pestered more for these debts. Obviously, if they don't have your address, they'll be onto you like a nasty rash once you contact them.

[Headinthesand69]

Thanks 42man and Slick for your replies and advice - much appreciated.

 

With regard to some of your questions:-

 

• Firstly, just to reassure you that suicide is not something I'm contemplating! Those thoughts are thankfully, now well in the past.
  
• The last correspondence received is mentioned in my original posting and of the 10 debts, 7 have my current address and 3 do not. I receive very little mail even on the ones that do have the address. We do not have a telephone attached to the line as it is only used for the internet, but would expect they are autodialling me on a constant basis. As I have also recently obtained my credit reports from Experian/CallCredit and Equifax, I think the other 3 will now have my address!
  
• If I can help it, I do not want to be declared bankrupt as I feel I have some moral obligation to pay some of the debt, but not all if I can!
  
• I have read hundreds of threads over the last week or so and I do feel prepared for a fight with the DCA's, so will first go down the SAR/CCA route and see what this brings.
  

The one question I did have was regarding the 3 debts where I already have a CCJ - should I still SAR/CCA these or should I try to have these set aside even at this late stage?

 

 

I will send out the CCA and SAR requests this week with Postal orders, unsigned or struck out signature.

 

Once again thanks for your replies and uplifting words.

 

HITS

[42man]

For the CCJ's then the answer is yes you can send out the SAR requests....however fighting them could be tricky but not impossible....

[slick132]

Hi HITS,

 

.....suicide is not something I'm contemplating! Those thoughts are thankfully, now well in the past.

Your words will offer hope to many who come here in total desperation.

 

Thinking ahead re possble appeal against the CCJ's being made relatively late, it may help if you could get a letter from your GP confirming that you were suffering from, and receiving treatment for, severe depression from DATE to DATE.

 

One exception with the CCA requests. Don't waste your time sending one to BarclayCard. You'll get back nothing useful. Read here and try this approach with BC - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[Headinthesand69]

Hi HITS,

 

Your words will offer hope to many who come here in total desperation.

 

Thinking ahead re possble appeal against the CCJ's being made relatively late, it may help if you could get a letter from your GP confirming that you were suffering from, and receiving treatment for, severe depression from DATE to DATE.

 

One exception with the CCA requests. Don't waste your time sending one to BarclayCard. You'll get back nothing useful. Read here and try this approach with BC - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Agreed, things are never as bad as they may seem at the time and you have to try and gather strength and fight back.

 

Thanks for the heads up for the letter, which I could also probably obtain from work(who know about my situation)

 

Managed to create 4 CCA letters today and 4 DCA, so will fire those off tomorrow. Thought it woulkd be a good idea to start with the ones where I do not already have a CCJ, but they have my current address.

 

Must admit Barclays(thnks for the link) is a bit of a strange one as it's not on any of my 3 credit reports (Equifax/Experian or Credit Call) and had no correspondence since early 2007.

[slick132]

Hi HITS,

 

.....the letter, which I could also probably obtain from work(who know about my situation)

This may suffice but I think you would have a stronger case if you had a letter from any health care professional you saw, or your GP.

 

Must admit Barclays(thnks for the link) is a bit of a strange one as it's not on any of my 3 credit reports (Equifax/Experian or Credit Call) and had no correspondence since early 2007.

It may well be that activity on your credit records will prompt them into action. If they do nothing, the debt would become statute-barred 6 years after you last paid towards, or acknowledged, the debt.

 

Don't hold your breath though.

[Headinthesand69]

I'm in the process of sending my CCA requests and was wondering if my last correspondence is off DCA1, quoting DCA2 and OC, do I send the CCA to both DCA1 and DCA2?

[slick132]

Send the CCA request to whoever you believe now owns the debt.

 

If in doubt, CCA the last Co that wrote to you and send a copy to the other DCA or the OC.

 

[42man]

Send to whoever 'owns' the debt.....

[Headinthesand69]

Send to whoever 'owns' the debt.....

 

Hmmm - as it's unclear who "owns" I'll send it to both DCA's as I am already sending the SAR to the OC.

 

Thanks.