Im in a mess advise please

[whatamess]

Hi

 

I have been lurking on this site for a few weeks now, and have read all advice given to people who are in my state.

 

My husband fell out of work in Nov,

so we have been unable to make our agreed payments to our loans, and credit cards,

 

In Jan i sent them all a letter, to let them know our situation and attached a budget sheet to show them our outgoings were more then our incomings.

 

I have offered them all £1 until our situation gets better and

in the mean time one of my creditors told me they couldnt accept this payment without me going onto a DMP

(they have all been cashing the £1) so

 

i spoke to payplan who cannot help me as i do not have enough surplus money and they have advised me to do what i have already done (sending letters to explain)

 

I have been getting untold amount of phone calls from one of my creditors who keep on telling me

that i need to go to CAB so they can work out a budget plan for me and

although i have told them i have already done this they just wont listern,

 

I have now changed my phone number and sent them an harrasment letter about the phone calls,

and on Saturday i got a letter back to say they are sorry they have caused me distress

but they have every right to call me and have put a hold on the calls for 4 weeks

but if i dont pay my arrars they will start calling again

, they wont get through to house phone but calls on my mobile will start again.

 

 

I have got letters from all of my other creditors not even acknowleging that i have sent them letters and budget sheets,

but are all demanding the arrers or they are taking further action

they just are not listerning or reading my letters.

 

I feel like im at the end of my thether with it all i just dont know what to do now.

 

I have written out all my CCA letters ready to send off

do you think i should send them now?

Do i sent another letter to them all explaining my situation again?

Just dont knwo what to do now.

 

Sorry this is a really long post hope you can advise me to the next step.

Thanks

[MrShed]

Are a large percentage of any of the debts made up of penalty charges? If so, this can be a good way of putting the debt into dispute. Also, CCA requests I would send out, as again you are putting the debt into dispute.

 

Whilst the debt is in dispute, creditors are not supposed to continue collection activity, nor I believe are you supposed to incur further interest.

[whatamess]

Hi

 

I am a newbie and have been lurking for a few weeks and have took some of the advise you have passed onto other people in the same situation as me, hope you have the time to read my post as I feel at the moment im at the end of my thether sorry its long.

 

In Nov my husband fell out of work, he is self employed and in his line of business in this current market its looking grim at the moment, In Jan I sent all my creditors a letter to say I have financial trouble and sent them a budget sheet to show my outgoings where more then my incomings and I have offered them a token payment of £1 until my situation gets better, some I got replies from to say that unless I was with a DMP they couldn’t accept it and would keep on adding interest and charges to my account, and everyone I have sent the pound to have cashed it. I called up Payplan who informed me they couldn’t help me as I did not have enough surplus money, they then sent me letter templates to send my creditors which were the same as I had already sent to didn’t see the need to send them again.

 

In the mean time I have had untold amount of calls from one of my creditors and they just keep repeating themselves by telling to speak to CAB to do a budget plan for me they are just not listening to me, but they keep phoning and phoning me day and night and if they cant get me on my house phone they ring my mobile, I have sent them the harassment letter and changed my home phone number. I received a lengthy letter on Saturday from them to basically say they are sorry that they have caused me distress by the phone calls but they have not broken any acts and they have every right to call me to try and resolve the matter and will put a hold on all calls for 4 weeks but If I do not pay the arrears in that time the phone calls will start again.

 

I have also received letters from all my other creditors telling me that I need to clear up my arrears or they are taking future action, they just are not listening to me I have sent them numerous letters asking them to reconsider and please accept my token offer but still they seem to be ignoring the fact I am trying and just keep sending me the letters.. I don’t know what to do now, I have CCA’s ready to send off but im sure they will all be enforceable and have been holding off sending them, what shall I do?

 

Thanks

[flyingdoc]

Without knowing all the precise details of your finances it would be difficult to advise.

 

If you have already spoken to payplan and they have advised that you do not have enough surplus money to support an IVA then I would suspect the only option left open to you would be to go bankrupt, although you do not say whether you own your own home and if there is equity in it.

 

What I did with some success is to write to all my creditors and tell them that unless they are prepared to enter into an interim payment plan, and freeze the interest and charges I would have no alternative than to declare myself bankrupt (I had no assets to speak of).

 

They backed off for a while and gave me the breathing space I needed to sort some things out.

 

However I was fully prepared to go bankrupt (and in some ways still wish I had)

[whatamess]

Hi

Thanks for replying, yes i do own my own home and payplan have told me bankrupsy is not an option as i have 2 young children.

My debts are as follows:

Cahoot - £7000 loan

AA - £4000 Loan

lloyds Tsb- £4000 loan

lx direct - £2000 catalouge

citi card - £4000 credit cards

 

Any advise is apriciated.

Thanks

[flyingdoc]

Not entirely sure why having 2 young children rules bankruptcy out......

[whatamess]

Well basically my kids need a roof over thier heads. Surley this is not my only option? I read alot of posts on here over the past few weeks and Bankrupsy was hardly mentioned as an option.

 

Hi

 

(i have posted this on general debt advice but I am looking for all advise possible)

I am a newbie and have been lurking for a few weeks and have took some of the advise you have passed onto other people in the same situation as me, hope you have the time to read my post as I feel at the moment im at the end of my thether sorry its long.

 

In Nov my husband fell out of work, he is self employed and in his line of business in this current market its looking grim at the moment, In Jan I sent all my creditors a letter to say I have financial trouble and sent them a budget sheet to show my outgoings where more then my incomings and I have offered them a token payment of £1 until my situation gets better, some I got replies from to say that unless I was with a DMP they couldn’t accept it and would keep on adding interest and charges to my account, and everyone I have sent the pound to have cashed it. I called up Payplan who informed me they couldn’t help me as I did not have enough surplus money, they then sent me letter templates to send my creditors which were the same as I had already sent to didn’t see the need to send them again.

 

In the mean time I have had untold amount of calls from one of my creditors and they just keep repeating themselves by telling to speak to CAB to do a budget plan for me they are just not listening to me, but they keep phoning and phoning me day and night and if they cant get me on my house phone they ring my mobile, I have sent them the harassment letter and changed my home phone number. I received a lengthy letter on Saturday from them to basically say they are sorry that they have caused me distress by the phone calls but they have not broken any acts and they have every right to call me to try and resolve the matter and will put a hold on all calls for 4 weeks but If I do not pay the arrears in that time the phone calls will start again.

 

I have also received letters from all my other creditors telling me that I need to clear up my arrears or they are taking future action, they just are not listening to me I have sent them numerous letters asking them to reconsider and please accept my token offer but still they seem to be ignoring the fact I am trying and just keep sending me the letters.. I don’t know what to do now, I have CCA’s ready to send off but im sure they will all be enforceable and have been holding off sending them, what shall I do?

 

Thanks

 

Bump

[MarkedCard]

Subbed

 

Hi Whatamess. I going to follow your thread if you dont mind as we seem to be in a similar situation. I have also started a thread in this section - Not Sure What To Do Next.

 

But just some encourgment to keep going and not give up. As for sending CCA requests and I'm far from an expert, but I cant see what you have to lose. If they are enforceable you're only at the point you are now, but if they're not

 

Good Luck

 

Mark

[tendogs]

Evening WAM how horrid for you. I agree that sending the CCA letters is a no loss option and it might make them think a bit. In the intervening period can we have a little more detail about the kind of debt and how many people you have chasing you? Try not to be too specific.

[tendogs]

Are these your original creditors or debt collection agencies? Have you had default notices? Have any of the debts been assigned? Are there any charges or payment protection insurances?

[whatamess]

Thank you all so much for replying i was starting to loose hope.

Ok between myself and my husband we owe 3 loans, 1 credit card and 1 catalouge all which amount to roughly 25k (not sure how much info you need)

 

I have had no default notices as yet but the last letters do say if i dont pay arrars now then they will be passed to a debt collection agency.

 

There are charges and also one of my loans have payment protection on it. Can i get this back? as the payment protection amounts to about 2k over the loan period.

 

I know this is not nice for anyone and wouldnt wish it on anyone but it gives me hope that there are poeple out there like us and hopfully can eventually start sleeping again at night. I am so pleased i found this site.

 

I first posted this on general debt advice and someone told me that my option is to go bankruped this surely isnt my only option is it, I have 2 young children who need a roof over their heads.

 

Thanks

 

Is anyone around, I have answered some of the questions i still need advise.

Thanks

[tendogs]

Yep, I'm up. Got a few things to do but will be back.

[tendogs]

Hi again, will be back with some more specific things for you to do during the day. In the intervening period try and calm down, you are just one of thousands in the same position these people will huff and puff but it's not personal. It'll take a while to get it sorted out.

[whatamess]

Ok thank you

[tendogs]

Are the loans secured or unsecured?

[tendogs]

Don't worry too much about a debt collection agency DCA

[tendogs]

Get a CCA letter off to all of these guys. Do you have a template or shall I find you one

[tendogs]

Have a look here Consumer Credit Act template - Consumer Wiki

[whatamess]

All loans are unsecured.

 

Ok will send off CCA's I have them all written just needs to change the dates, and in the mean time while i am waiting 12+2 for the reply what shall i do about any other letters i recive from them?

Thanks again

[tendogs]

Right about the calls, if they will not respond to the harassment letter then you have to move on to the attack.

First if they call you are they asking you security questions? If they are then refuse to answer them, you have no idea who they really are and giving a stranger security information just because they have called you is madness, the security question process is designed to confirm who you are when you call them.

If you do end up speaking to them ask them some security questions, for example ask their name, date of birth, mother’s maiden name, where they are located and the name of their supervisor.

Keep a log of date time, full name of caller and the organisation for which they work. If you can afford it get yourself a recorder (there’s an offer on the forum for them).

[tendogs]

File them meticulously, keep all the envelopes and staple them to the letter, post them up on the thread using photobucket after removing all of your personal information and we'll have a look at them.

[tendogs]

How are you holding up?

[whatamess]

I am holding up well now that someone is advising me thank hevens for this site.

 

Im glad i changed my home phoone number i do not get one single call, which helps keep my sanity. Just waiting for the mobile to start ringing again in the next 4 weeks. The letter they sent me was good they said that I cannot record them unless i let them know im doing it, as i will be braking the law..

 

Thanks agian for your help will keep you informed. Whats the best thing to happen? That i dont get my CCA's or that i do get them and they are unenforceable?

[tendogs]

You know, of course that it isn't against the law to record calls, I wonder what they're scared of? Can you post up the letter having removed any personal detail? 3 things can happen, they don't send the agreement, they do and it's unenforceable or they do and it is enforceable. An unenforceable agreement is always a useful tool.

[tendogs]

Right, the loan with the PPI, do you have any documentation regarding the insurance?