please can someone help me.!!!!!

[heidi1974]

Hi im new on here and im after some help, i have got quite a few debts with credit cards and loans, cataloges that are know secure on my house. i have been with a firm called debt free me, i have been with them since 2005?.

all of my debts have been passed on to carbot, mercers, arc europe ltd, capital one, cdcs, debt managers, eos, sechiari clark & mitchell, great universal, lewis debt, link financial.

most of my debt was before i had my little boy in 2004, know i can only work part time i have not been able to make full payments, also my husbands work has gone slack so thats why we only pay £1.00 to each one. Is there anyway that i could try and write off the debt in anyway as this is really stressing me out. there does not seam light at the end of the tunnel. Also is there anyway that i could take the charging order off the house, As there is a firm said that they could wipe the loans off for me even if it has got ccj only by looking at the credit agreement is this right as it seams to good to be true.

 

any advice will be great.

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

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 do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[cerberusalert]

Send a copy to each of the people that you are paying to. If you have an overdraft the letter doesn't cover that you would have to send a SAR.

[heidi1974]

should i write to debt free me to request the cca ( as i pay them to handle my debts) or shell i write direct to my creditors and stop paying debt free me all together.

[sosumi]

Debtfreeme appears to be a fee-paying service... Are you paying them a monthly fee? Because a) they don't appear to have helped if all your accounts have been passed to debt collectors and b) they are taking money for a service that is provided free with other organisations.

If you follow cerb's advice, you may find that some accounts are unenforceable anyway.

Please think about leaving this company and stop paying them.

Please don't consider paying companies for help you could get from here for free.

[sosumi]

should i write to debt free me to request the cca ( as i pay them to handle my debts) or shell i write direct to my creditors and stop paying debt free me all together.

Stop paying debtfreeme and don't request the CCAs through them. Write directly to the DCAs handling your account.

[heidi1974]

yes debt free me charge me £15.00 a month so i pay £28.00 a month. im going to stop paying them now, im just a bit worried with all this. thank you ever so much for the advice.

[lickthewallfatboy]

£15 A MONTH!!

 

time to bin that....you'll get all the help you require here for nowt!!

[sosumi]

Once those CCAs are sent out (recorded delivery), you will start to feel much more in control xx

[heidi1974]

thank you im going to cancel the standing order with debt free me, just sorting the letters out now, but printer is playing up now !! but got to go to work in a min so i will finish them later. i will let you know how i get on.

Thank you ever so much.

[the_shadow]

I dont wish to be a killjoy here but the OP has stated that she already has charges against her Property....

 

Surely it's more advisable to find out about the debts PRIOR to stopping payments? CCA but continue paying?

 

Just my opinion as always.

Edited February 23, 2009 by pmw1971

[lickthewallfatboy]

if it turns out that they haven't got a valid CCA,then the charges against property are also invalid-but that bridge can be crossed when it arrives

 

why should she be paying £15 a month for someone to pay creditors when she could do it herself?

[the_shadow]

if it turns out that they haven't got a valid CCA,then the charges against property are also invalid-but that bridge can be crossed when it arrives

 

why should she be paying £15 a month for someone to pay creditors when she could do it herself?

 

I concur on the fee but for the sake of one months payment until she gets the CCA's back and can make an informed decision?

[heidi1974]

thank you i will carry on paying £1.00 a month till i here what they have to say and see if they have got the credit agreement if not then i will stop paying them, its the loans that are secure on the house, the thing is we had done it all on line and on the phone and we have not signed anything i dont think !!!. but thank you for your help.

[the_shadow]

thank you i will carry on paying £1.00 a month till i here what they have to say and see if they have got the credit agreement if not then i will stop paying them, its the loans that are secure on the house, the thing is we had done it all on line and on the phone and we have not signed anything i dont think !!!. but thank you for your help.

 

Heidi as always its your decision on the way forward, I just know myself I'd rather be armed with more information prior to that decision being made.

 

Just for reference online agreements can be tricky, I think it was after oct/dec 2006 (someone please confirm) that tickboxes can be substituted for actual signatures and the need for paper agreements isnt absolute:( (how they managed to get that through I dont know)

[cerberusalert]

What is a Charging Order?

 

It is an order of the court placing a 'charge' on the judgment debtor's property, such as a house or a piece of land. The charge will be the amount you are owed. The charging order will not normally get you your money immediately, but it may safeguard your money for the future.

 

If the judgment debtor owns stocks or shares or has a fund or money in court, the court can also put a charge on these in much the same way as on property.

 

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgment debtor. You should note, however, that a charging order does not compel the judgment debtor to sell the property.

 

If there are already charges on the property when your charge is registered, for example, arising from a mortgage, then that charge will be paid first.

Charging Order

[sosumi]

Heidi's been with debtfreeme since 2005, so the debts would pre-date that. (ie. pre-2006)

[heidi1974]

sorry iv just looked i have been with debt free me since 28/9/06.

[maroondevo52]

Just for reference online agreements can be tricky, I think it was after oct/dec 2006 (someone please confirm) that tickboxes can be substituted for actual signatures and the need for paper agreements isnt absolute:( (how they managed to get that through I dont know)

 

 

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

 

Regards.

 

Scott.

[sosumi]

Heidi, you get to work and try not to worry. We can all discuss it later

[heidi1974]

the loans where in march 04, and the other 24/2/04 the credit cards where in 2002.

[sosumi]

the loans where in march 04, and the other 24/2/04 the credit cards where in 2002.

Sorted!

[heidi1974]

thank you, better get gone, before i get the sack lol !! speak later with more detail of when loans and credit cards where done and so on. thank you. heidi.

[the_shadow]

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

Thanks for confirming that, I'll store that nugget away for future.

[heidi1974]

Hi all, just to let you no that i have had my first letter bk today, from hfo, they have sent me my credit agreement with it signed, oh well no harm trying just waiting for the others to come now but i will let you no how i get on only another 6 days left.