help needed for debt

[senferlaka]

normal postage, not registered or anything

tried scanning onto here, but unsuccessful

[supasnooper]

You say normal postage - was it 1st class, 2nd class, UkMail etc. ?

 

The dates on the Default Notice. - What is the date of the notice and what date have they given fot you to remedy ?

[senferlaka]

1st class, gave me until 2nd may to pay outstanding balance of £944.

Not sure what happens next

[supasnooper]

Thanks for the info.

 

What date was the Default Notice typed up ?

[senferlaka]

sorry did nt reply, but sainsburys never did phone our house or visit it. My husband in all day, hence, no work again. I did nt ring to cancel so wonder why they sent the letter in 1st place. Also have noticed alot on here that you're asking people to ask for their credit agreement, but don't we automatically get an agreement when we take out the credit card at the start?

Have sent the letters to creditors with a £1 token payment, but i feel awful doing it, i feel like i'm just trying to swindle out of paying the amount owed, even though i can't afford to pay them. Is this normal to feel like this, still upset and crying all the time with the stress.

[supasnooper]

Hi there,

 

I'm sorry to read of your bad day......but it will get better !

 

The process that creditors use is to place you under pressure to repay your debt without any other thought to anyone else.

 

Do NOT believe them.

 

Never take time off from work to meet these people...................only deal with these people in writing.

A days pay is more important to look after your family than waiting for a doorstep call.

 

Will they have this on their conscience..........?? I doubt it.

 

If you wish to continue, you must summon up the courage to fight these bullies.

 

Please remember, there are plenty of members here to help you.

[diamondgirl]

I too felt a bit like you when my problems began but with the help from all the members I began to feel better about myself and started to think well they don't care about me only about the money. Believe me you will start to feel better as time goes on.

Try to think positive and smile a little - lets wait for your CCA replies and then we can all see what to do next.

Have a nice bank holiday.

DG:)

[senferlaka]

sorry but i aint asked for the cca's, did nt really understand why i have to. I thought if i took out a credit card in the 1st place it would automatically give me an agreement

[diamondgirl]

Sorry I meant your I&E that you have sent to your Creditors. I assume you have told them you are in contact with CCCS and will advise them of a reference number as soon as you get one?

This really should help take some pressure off you, you may find not all of them reply to your letter but those who do usually do so quite quickly. When did you sent your letters off?

CCAs usually give you the opportunity to see if they are actually a Credit Agreement or whether they are just Application Forms and when posted up members can advise you whether they are enforcable or unenforcable.

Please do not let them frighten you in any way, dont speak to them on the telephone if they continually ring you make a note of the date and time.

 

As this is a bank holiday please try to relax and forget your problems for at least a couple of days.

DG:)

[senferlaka]

thanks DG, bank holiday over and i did relax a littie but now gettin worked up again. Quick question, when i did my I&E, i did it as an average, does it have to be to the last penny and exact on every mortal thing?

[diamondgirl]

Hi glad you relaxed a bit over the hols now try to keep it up.

I&E you should be an approx. a little extra on everything, you never know when insurances for example may go up, hairdressers (mine goes up nearly everytime I go) gas, electric, glasses aren't cheap etc., I did a new one a few weeks ago, now I'm redundant, who knows whats round the corner. You just have to try and keep smiling I know it's hard but we get there in the end.

DG:)

[senferlaka]

thank you DG, you have been so helpful for me and seem to know exactly how i feel and what steps to take. Will keep you posted.

[supasnooper]

Hi there,

 

Glad to see your on the up.

 

When you get a moment, please can you post up the date on the default notice.

[senferlaka]

Received a phone call from Sainsburys today, my husband took the call, he did nt realise he should nt speak to them over the phone ( i have since told him not to). They have asked why we have missed the payments, asked us to bring the debt up to date. My husband told 'him' that we sent a letter stating our reasons why we can no longer afford the payments, 'he' said there was nothing about a letter was on our file. Husband then told 'him' letter was sent by recorded delivery and we was waiting for a response from them. 'He' then went quiet and said a reply had been sent to us! 'He' then threatened my husband with legal action, and i took the phone off my husband and told 'him' this is a tactic they use, making out they haven't received my letter, but 'he' was talking over me with all the jarglon they give so told 'him' not to ring again and only respond by letter. I then put the phone down on him. I feel like we are going backwards, my husband says this is the 'calm before the storm' and it scares me to hell. I feel these letters i sent was a waste of my time. Please whats my next step?

[diamondgirl]

Hi, have you sent a CCA letter with a £1 PO yet to them to get a copy of the agreement? It just may be worth doing that next.

Also I think you perhaps should send them the telephone harassment letter.

I'll post something up for you later if nobody else can suggest anything else for you to do next.

I sent an I&E to Sainsburys and never got any reply from them. I've just been paying what CCCS told me to pay, they've taken the money and not sent anything to me, well that is at the moment and it's been 12 months now.

Please don't be scared (I was at first but I've learnt that they have no powers and it's only because some people, even though they can't afford to borrow money to pay them) that's just part of their tactics that's why we say NEVER EVER SPEAK TO THEM ON THE PHONE. Any letters you send to them you should make a point of stating all communication with them must be in writing. It also makes a good paper trail if you ever need it.

DG:)

 

Dropped a clanger thanks for Mike

DG

Edited May 14, 2009 by diamondgirl

[MikeBigg]

Well done for standing up to the guy on the phone!

 

When I used to take the calls I always felt like the world was going to fall in on me - I'm sure it is a deliberate tactic.

 

A|s they can't talk to you if you haven't passed the security questions, simply decline to answer them and state once that all communication should be in writing. Then hangup if the monkey keeps talking.

 

Regards,

 

Mike

[senferlaka]

Well what a waste of time. Received a letter from Albion Collections yesterday, Sainsburys have transferred my debt to them and they want £12, 276 now! Immediately! The have also put £50 on top for admin charges. Please, what is the next step? is it court? I am petrified by all this. I am sure Sainsburys have done this because of the phone call i received in the week, when i was also abrupt to them phoning. Don't like the route where this seems to be going

[lollipop73]

Hi Senferlaka,

 

 

It is a tactic intended to scare you. Threat-o-grams is all they are.

 

They have very very few actual powers, they need a judge to back them up, and if you have attempted to make payments, and you are actively trying to deal with your debt ( CCCS) no judge anywhere will give them any further powers.

 

 

They litter their letters with various threats. Just for fun count how many times you find the word "may" or "likely" in them.

 

 

You have done the absolute correct thing-you have faced the fact that you are in financial distress and you are attempting to do fix it by writing to them, speaking with the CCCS etc.

 

 

They are making you feel like you are in the wrong-when you are in the right. Carry on with your plan, keep the CCCS informed, it will get better, you do have the strength to deal with this.

 

 

And no, the next step is not court, you are a very very long way from there.

[senferlaka]

Lollipop,

I cannot thank you enough for your help. i feel as though i just want to end my life but have so much to live for.

I can only blame myself for getting in this mess, but my husband keeps telling me its not my fault we took out the loans in the 1st place, its just that all work has dried up, which means we cannot pay our way like we used to. I have never felt like this before and always like to pay my way.

I thought of having a remortgage on my house to pay the debts, (my mortgage at the moment is a third of what its actually worth), but then i have been told not to make my unsecured debts- secured! Then again, will we afford the new payments if i do that. Husband has very little work and i am struggling to even pay my utility bills.

Will these morons(D.C) start knocking at my door? i will not be able to cope with that, and should i phone them at all to tell them my situation?

Even though Sainsburys are fully aware of it.

[lollipop73]

They don't care about you-at all.

 

 

Never ever take out a secured loan to pay unsecured debts-ever ever.

 

 

They can do absolutely nothing to you whatsoever. It takes a judge to set up a charging order-and that is only after you have been to court and ordered to make some sort of payment, which you don't stick to-which won't happen ever because you are working with the CCCS.

 

Sometimes, court is the best place anyone can go to, because as often as not a judge would order a debtor to pay less than they originally offered in their offer of reduced payments letter. Creditors know this-they do not want to go to court for this very reason.

 

 

And don't ever ever ever phone them no matter what they send out to you. If they come to your door-which I seriously doubt, just tell them to leave, they have made no appointment with you (don't make an appointment or ever let them in under any circumstances whatsoever) and they are trespassing. If they don't leave phone the police.

 

Don't be ashamed of having no money, you are hardly on your own with that I promise you.

 

 

 

Fear and shame are perfectly understandable emoptions and these scumbags know it and play on them. They are the ****-not you. Once you understand that, you will begin to see them for what they are-vultures who prey on the weak and vulnerable. If you aren't weak or vulnerable they can do nothing.

 

 

Remember, above all else, this forum is full of people who have felt the way you do now. We will help you. Stay calm and keep well, and it's Sunday, shouldn't you be having a relax??

[lollipop73]

Just wanted to add something-enter "unenforceable CCA" on the search box at the top, it should give you some cheer-also look for the cheekiness to DCA thread, I guarantee you will feel much better by the time you have finished reading that one.

 

 

Found it for you http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html?highlight=cheekiness+to+DCA

Edited May 17, 2009 by lollipop73
added link

[senferlaka]

Thanks again

Do you think i should phone CCCS and tell them, my worry at the moment is that i still haven't even had the interview with them yet. Can't fit me in until 15th June! I feel like i'm on standby and then all hell will break loose, which is what seems to be happening. Have told them about my situation but as you say, they aint interested in my problems, si do i still send the £1 token payments and who to now? Sainsburys or DC?

[diamondgirl]

You could phone CCCS and explain how worried you are. I know it feels like your on standby all the time and as you say all hell will break loose, its not like that all. If you are intent on sending the £1 token send it to Sainsburys thats exactly what I did.

Im now in the situation that after this months payment by the CCCS Sainsburys wont be getting any more than £1 from me and I'm going to CCA them in the next week.

I've no money only my JSA now that I'm unemployed so unless I get a job in the next week or two they can sing for their money, thats how I'm looking at it now, whats the worst they can do take me to court, they'd still only get £1 by order of the court.

I've won once and had the case struck out at court so if it got that far you can win - don't ever let them fool you into saying you can't.

Please stop speaking to them on the phone its only getting you more worked up.

I hope this makes you realise that you're not on your own and it can and does happen to anyone, and that it has eased your mind a bit.

DG:)

[lollipop73]

All hell absolutely will not break loose. In fact, if anything you will see things much more clearly.

 

15th June...........it's a month away. Can you hang firm till then? If not by all means call them.

 

And as you know, I absolutely concur with the advice of Diamondgirl, don't speak to your creditors on the phone-you are talking to some idiot who doesn't know you, doesn't care, and if he didn't have his boss (yet another "team leader" sigh) breathing down his neck wouldn't care if you never paid him a penny. You're not gonna let these no-marks take your sanity or peace of mind are you?

 

 

You are not on your own, I have gone from having a great lifestyle, money coming in, nothing to worry about to not having enough to cover my weekly grocery bills. Being skint isn't a crime.

[senferlaka]

hi

bang my head up the wall!! Had another letter today, this time off LLoyds credit card asking me to pay full amount owing 'so we can make a fresh start'. Eh? never heard of it, also i have sent them the usual letter about freezing charges and sent a £1 token payment but have they not read it?

What should i do?