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    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
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HI to all

 

So We have waited five weeks for our appt with C A B and it is tommorow and we cant wait, as our initial meeting was very relaxed, however I need a little input as to what to do.

 

Do I still cca companies that I want to, or do I let the CAB deal with them?, and will it effect me in any way if the CAB make offer of payments on my behalf, and I am chasing them with a cca?.

 

Just to let you's know that since I informed various creditors that I was seeing CAB, they did not seem to happy, especially 'Portland house' who'm act for Morgan Stanley, they keep calling me, infact about half hr ago saying that they will commence crt action etc etc as they have been saying that for over a year ( What is my best way forward with Portland House).

 

Cheers I shall let you all know how it goes tommorow.

 

Goodnight all

 

Mr W


Regards..Mr Worried :)

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

Thanks for the reply

But if they set up an arrangement am I still allowed to challenge the debt? and if yes then will it effect the arrangement?

 

Thanks

 

Mr W


Regards..Mr Worried :)

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

 

Absolutely spot on....

 

CAB will just give you the 'absolutely necessary expenses' blank form to fill in (and a bit of advice on which bits to expand upon) and photocopy, then its down to you to deal with your creditors - make offers of payment etc etc...

 

Pls remember - once you acknowledge the debt and make any offer of payment - your statute barrred debt date resets to the date you acknowledge...

 

So if you have a debt you havent acknowledged for 5 yrs and 6 months and you go through the process with CAB, send out the letters - acknowledge the debt etc

 

The debt would have been statute barred in 6 months

 

Once the letters go out and the debt is acknowledged - its 6 years again - from date of acknowledgement....

 

Sometimes you need to weigh up the options carefully....

 

I wish I had found this site 5 years ago :p

Edited by Gixer1100
Missing the info link

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Thanks for the reply

But if they set up an arrangement am I still allowed to challenge the debt? and if yes then will it effect the arrangement?

 

Thanks

 

Mr W

 

of course you can and no,it wont affect the arrangment

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5 weeks for an appointment!! That's taking the P.

 

Cut backs on the CAB mean they are less pro-active and you may as well DIY it for what they are worth. Each one funds their own cause and they are so overwhelmed they can't cope. Either way all you will get is basic advice that you can easily read from National Debtline in the comfort of your own home and act upon.

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Absolutely spot on....

 

CAB will just give you the 'absolutely necessary expenses' blank form to fill in (and a bit of advice on which bits to expand upon) and photocopy, then its down to you to deal with your creditors - make offers of payment etc etc...

 

Pls remember - once you acknowledge the debt and make any offer of payment - your statute barrred debt date resets to the date you acknowledge...

 

So if you have a debt you havent acknowledged for 5 yrs and 6 months and you go through the process with CAB, send out the letters - acknowledge the debt etc

Thankyou for the reply

WoW..St

 

The debt would have been statute barred in 6 months

 

Once the letters go out and the debt is acknowledged - its 6 years again - from date of acknowledgement....

 

Sometimes you need to weigh up the options carefully....

 

I wish I had found this site 5 years ago :p

 

Thanks for the reply

WOW Statue Barred? can any body explain this please! seems like I have to make decisions, and I will do along with the help of the cagers.

 

Does any body have a 'letter of authority' so I can take over my partners grief etc.

 

Thank you

 

Mr W


Regards..Mr Worried :)

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You may wish to send Portland House this letter -

 

Your Street

Town

City

Postcode

DATE HERE

 

 

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]


 

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Please have a read of this thread for info on Statute Barred debt -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

  • Haha 1

 

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Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You might be really lucky with the CAB and go to one that has a money adviser...

 

The other thing to be aware of - if a debt has been assigned and you have not received notice of the assignment by registered post/recorded delivery then it is possibly not in your interests to write to the new creditor


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi guys,

 

Can I just make a point of saying that depending which CAB you use depends on what happens.

 

I am starting training on Monday at a local CAB and they do challenge debts.

 

I have had a couple of really good indepth conversations with the resident debt specialist (which is my ultimate goal), and this is the first step taken with all new clients.

 

Regards

 

David

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Hi mr worried, like you I also sought help from CAB as well as other debt advice centres and being 'new' to debt believed all they said which quite frankly was frightening, I have since found out with the help of this site that a lot of debts can be challenged and court action is not always bad. I am now in a much stronger position both financially and mentally and whilst the advice from CAB was welcomed the picture is not always as grey as they sometimes paint.

sleepingdog

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By the way , Hi uptotheneck ,I'm sure that your help at the local CAB will benefit all and good luck

sleepingdog

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Many thanks

 

I am really looking forward to it.

 

Regards

 

David

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Hi guys,

 

Can I just make a point of saying that depending which CAB you use depends on what happens.

 

I am starting training on Monday at a local CAB and they do challenge debts.

 

I have had a couple of really good indepth conversations with the resident debt specialist (which is my ultimate goal), and this is the first step taken with all new clients.

 

Regards

 

David

 

good on yer- nice to see folk helping

 

however unless there has been a major policy shift it was always their intention that if you borrowed the money you owe it and they will not assist or advise in legal challenges to agreements

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The centre that I am going to seems to buck the general trend

 

 

Regards

 

David

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good on yer- nice to see folk helping

 

however unless there has been a major policy shift it was always their intention that if you borrowed the money you owe it and they will not assist or advise in legal challenges to agreements

 

I think that most Bureaux adopt that approach - although there are exceptions - I've been employed in the past in a CAB, in Wolverhampton, and have worked alongside paid debt advisers who have actively challenged agreements.

 

I also know, for example, that the Sheffield CAB Debt Support Unit - which provides specialist debt advice to other CABx and advice centres in Sheffield have been heavily involved in challenging agreements - for example they've done a lot of work on log book loans and enforceability...

 

It really does come down to the individual bureau and the individual workers...don't forget that CABx are not run by NACAB - what actually happens is that individual bureaux are separate charities which have a franchise from NACAB - there is a lot of difference between individual CAB.

 

Derby for example is also a law centre which employs legally qualified staff

 

Unfortunately it really does depend on the luck of the draw as to what approach the local CAB takes...its' a question of suck it and see


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You might be really lucky with the CAB and go to one that has a money adviser...

 

The other thing to be aware of - if a debt has been assigned and you have not received notice of the assignment by registered post/recorded delivery then it is possibly not in your interests to write to the new creditor

 

Thanks for the reply. but can you explain your advice in a fashon that my partner may understand, and why not write to them?

 

Mr W


Regards..Mr Worried :)

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Hi mr worried, like you I also sought help from CAB as well as other debt advice centres and being 'new' to debt believed all they said which quite frankly was frightening, I have since found out with the help of this site that a lot of debts can be challenged and court action is not always bad. I am now in a much stronger position both financially and mentally and whilst the advice from CAB was welcomed the picture is not always as grey as they sometimes paint.

sleepingdog

Hi Thanks for your reply, my missus thinks if they say jump, she will and if they say br she will, but it is not that bad to go br, I will suck n see today at 3pm then let you's know how we get on..

 

Ta

 

Mr W


Regards..Mr Worried :)

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I think that could be.possibly the only reason I am pleased I live in Sheffield.

 

 

Regards

 

David

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Its' all about the Notice of Assignment - before the assignment is "effectual" written notice has to be given. There is no prescribed form of the notice - anything that tells you there has been an assignment will do - Unless the notice is either served by registered post/recorded delivery or hand delivered OR you have acknowledged receipt of the Notice any claim brought by the new creditor will be fatally flawed - they must be able to prove that the NoA was served before the claim was issued - if not then you have a defence to any claim


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I think that could be.possibly the only reason I am pleased I live in Sheffield.

 

 

Regards

 

David

 

Snap - so do I


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Castle Advice, on Duke Street

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

 

 

That's because they are funded by the banks - Also whether or not the agreement is enforceable & if it ain't they think you have a 'moral' duty to pay:cool:

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Castle Advice, on Duke Street

 

I think that they have an LSC debt contract...

 

One of the good things about Sheffield is that there are quite a few good debt workers around - by reputation Castle are pretty good


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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