Help and advice please

[babybear39]

IMO, as I've done having no assets, go the BR route especially if they pay.

 

If you call CCCS and nationaldebtline tomorrow, both free calls, you can get advice on what charities help with BR costs.

 

This my opinion only...

[ScarletPimpernel]

If BR is the best option, and Tenon have issued an SD, why not let them pay for it. Except that they probably won't follow through, of course, because it will cost them and they'll get nothing in return.

 

I think a SAR to Nat West would be a good move, too - there are almost certain to be charges, and some of the documents may make interesting reading.

[edgardavids]

I have just PM PT2537 for (his/her ?) thoughts, Mine are like yours babybear39 let them just get on with it and put my mum out of her misery, this has been hanging over her for the last 20 years and it would be a great relief to have it put to bed once and for all, however i dont think they are going to do it !!! its going to cost them and they have seen her I&E so must know she has nothing and a low income so any award would be nominal. Would they just do it to close the file ? Surely it Would cost them less just to write it off.

 

On the other hand part of me wants to make it difficult for them, I know it took a great number of years to pay and they wont have made any money on the mortgage but with the repossesion/mortgage repayments and token payments for the last 20 years that were made they did get the original loan of around 40k back at the end of the day so how the debit now stands at 90k is obscene.

 

cheers

e.d.

[edgardavids]

ScarletPimpernel - You have sumed it exactly what I was trying to say, How do these SD's work ? It states she has 21 days, does that then mean after the 21 days are up that they have to act then themselves one way or the other ? or does it run for ever and they can just move on it when it suits them ??

[ScarletPimpernel]

An SD is essentially an expression of intent; there's no obligation on the issuer to follow through, however. They were widely used by the debt industry as a means to force people to contact them, because there are no court fees and they had a substantial 'scare factor'. The OFT cracked down on one of the worst offenders, and they aren't quite as readily issued now.

 

If a DCA wants to issue a bankruptcy petition, and they've issued a SD which has not been set aside, it will cost them around £1500. For this reason, they rarely do so.

 

SD's are relatively easy to set aside if one has a good reason (such as the DCA or creditor failing to comply with a CCA request, the amount being disputed etc.), and the court will also usually award costs (to the debtor).

[questioning]

Hi Edgar

there are loads of cases on CAG where SD's have been set aside with costs awarded, so not too much to worry about.

 

As BB said and I agree, If i were mum & in her position I would let them go ahead, lots of folk are far happier after BR. It might be a relief for her, to get rid of this once and for all. Thats if they follow through with their threats.

However, its up to mum isn't it. Give her a little while to think about it.

[edgardavids]

Hi questioning

 

Nice to speak to you again - i think you and the other posters are right she would just like this sorted one way or another so Let them pay for it !!

 

If it was me on the other hand i would not be going along so quietly, I would be inclined to fight all the way with SAR and so on, But its not my fight and tbh she is tired of it all now.

 

If they persist with their games then maybe we should look at SAR and try to force their hand.

 

Thanks E.D

[babybear39]

SAR anyway and goad them into a BR petition with reference to the OFT's sanctions on 1st credit, connartists etc re threat of BR via SD

[babybear39]

Your mum should report them to TS, the OFT, her MP and BBC's watchdog.

[jogger321]

Was there any follow up or further advice on this as my brother is in exactly the position as this .

[PriorityOne]

This thread sems to have died without being seen... I'd like to know what happened here too. Please post an update... because the figures won't be correct and the whole nasty business should be challenged. It sounds as if there's a lot of bullying tactics going on because they think they have an easy target with your Mum.

 

Please start your own thread Jogger.... it's better that way; then we can help you directly.

 

[palomino]

I misssed this as well. I was in hospital around this time and had other things on my mind.

 

The OP has not logged in for about two months so I guess we'll never know what happened. Conversely the OP will never know that others were concerned. Sad.

As a general comment the large volume of new enquiries on this forum means that unanswered queries simply get swallowed up and lost if no-one deals with them immediately.

[edgardavids]

sorry everyone for not being in touch in a while the whole thing seems to have settled down again....... for now

 

mum is at the stage now where she has stopped paying them a penny as she cannot afford to and they have the option to proceed with BR and they will have to pay for it but they wont as they know fine well she has nothing and therefore its all died down. So its their call but either way they wont get another penny.

 

This thread moved to another one see here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190501-whats-my-best-approach.html

[maroondevo52]

Hi, edgardavids.

 

I've merged both your threads, makes it easier for people to help.

 

Regards.

 

Scott.