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Hi

Im so glad I found this site.

I am really in a terrible mess and absolutely confused where to go.

I have been considering declaring myself bankrupt but don't know what I'll be subjected to.

 

Its a little complicated and I hope someone can help.

I had in my earlier years a lot of credit cards like mbna and bank of scotland who kept increasing and I kept spending, it's been so long I can't even remember when I had them. Very stupid of me.:(

 

Now I'm at the stage where I pay about 6 different companies debt collectors all of them HFO and the likes a £10-00 payment every month.

 

I have had some really hard financial times in the past and now am working my way out of them but I can't ever see myself managing to pay these debts they are bordering on £20,000.

 

The other problem is I don't know who all the debtors are:confused: I have some paperwork i.e threatening letters etc.. So I don't know where to start and what to do.

 

Would anyone please help me out, I would very much appreciate it, at the moment I have roxburne collectors threatening me because I have defaulted on a payment plan and they wont accept a small sum of money just keep telling me court proceedings. I'ts really causing me so much stress and I havent to be honest slept well for a very long time.

 

Many thanks for taking the time to read my woes.

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hi.

if you feel bankruptcy is the only option open to you have a word with these guys.

i filed today have my hearing thusrday.

these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull.

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

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thanks i'll give them a go. I've just got no idea where to go and what to do. Thanks for the help

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hi fizzipop. dont panic, and worry. i went bancrupt my self 3yrs ago. like yourself i had cards and more cards, and ending up owing £82,500.00 to different people. i tried to pay through the cccs, but at £700.00 a month it started to eat into my pay-packet too much and i ended up ill.

i sent to the court for all the forms, filled them in with help of different sites, and hey presto, got a date and was made bancrupt, after 6months, i came out of bancruptcy. the first thing to do is get all your paperwork together, and put it in some sort of order, and then follow instructions that come with your court papers, and remember ASK for help, if i can be of any help just get in touch. scousemonk.

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if these debts are all credit cards the first step is to send each DCA a cca request for each card.

 

this costs £1 send it by recorded delivery and do not sign it, lets see what comes out of the woodwork on whether they have a valid agreement, I would do this before thinking of banlruptcy, you never know some of these debts may be unenforceable, this will also let you see who the oc is then you can send them a sar for all statements to see if there are any charges to claim back.

 

you never know you may end up with a lot less enforceable debt


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Oh wow thanks thats brilliant Scouemonk.

Sorry PGH7447but whats a cca please?

Tell you the truth I thnk 1 or 2 of these cards go back to 1999 I just continued to pay the requested amounts but it left me in a big hole which I still can't climb out of :(.

Sorry for being so ignorant I just don't know any of the terminology.

I have to say the help is exceptional thank you.

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CCA Consumer Credit Agreement request

 

send this

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Address

 

their address

/Reference Number:-

Client reference Number:-

Dear Sir/Madam

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

costs £1 send a postal order by recorded delivery, they the have 12+2 days to send an agreement, after the time period no agreement then you are within your rights to withold payment.

 

do not sign it, and do not talk to them on the phone everything is now in writing, they wont like it but who gives a fcuk


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Great thanks I'll send that to all of the ones I know about.

Will it cause me any bigger problems when they write back? Like they can start making demands and if I don't pay start all the harrasment in force?

Should i continue to pay all the debtors what I am doin now?

Thanks again

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Great thanks I'll send that to all of the ones I know about. - are there some you dont know about, if so who are you paying?

Will it cause me any bigger problems when they write back? Probably but with £20k of debt it could well be beneficial Like they can start making demands - so they aint making demands now and if I don't pay start all the harrasment in force? - maybe but we can deal with that on here

Should i continue to pay all the debtors what I am doin now? for now until the deadline expires

Thanks again

 

PGH


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I am just about to pay a small amount to roxburghe debt collection because I have defaulted the original agreement with HFO because they were demanding too much and I couldnt carry on, but roxburghe are refusing to take the small amount I can offer. Should I just tell them to accept or go jump?

 

Some of the debts I don't know about are so old and have been going on for over 6 years, so i'm just a little bit lost and don't know whats what, really need to find out somehow, will a credit report show it? i had a look at the free version but it only shows about 4 compnies i owe?

Thanks again

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Sorry for the CCA do I have to put a date on it?

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[

I am just about to pay a small amount to roxburghe debt collection because I have defaulted the original agreement with HFO because they were demanding too much and I couldnt carry on, but roxburghe are refusing to take the small amount I can offer. Should I just tell them to accept or go jump?

 

Some of the debts I don't know about are so old and have been going on for over 6 years, so i'm just a little bit lost and don't know whats what, really need to find out somehow, will a credit report show it? i had a look at the free version but it only shows about 4 compnies i owe?

Thanks again

 

How do you pay roxburghe, if by Direct debit then cancel it, if by standing order then you can reset to what you want to pay, remember you are in control NOT THEM.

 

The debts that you are paying but dont know who to, contact the dca and demand a statement from them,

 

if you are paying out to someone and dont know who, then stop the payments you will soon find out.

 

cca dated


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

 

You could get a copy of your credit report from Experian or online, to find out exactly what is still owing, and an option for you before proceeding with the bankruptcy route is a debt management plan.

This is an informal arrangement, where you may a monthly payment each month into the DMP, which gets distributed pro rataly to all of your creditors each month, until your debt is cleared in full. The creditors can still charge interest but some companies have a good reputation for being able to freeze all interest and charges. You would also have someone acting on your behalf and dealing with any creditor correspondence or legal action to save you having to do it yourself. xx

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Hi

 

You could get a copy of your credit report from Experian or online, to find out exactly what is still owing, . - That would bring all the pondlifeo out of the woodwork and the poster would get no peace

and an option for you before proceeding with the bankruptcy route is a debt management plan -

This is an informal arrangement, where you may a monthly payment each month into the DMP, which gets distributed pro rataly to all of your creditors each month, until your debt is cleared in full. The creditors can still charge interest but some companies have a good reputation for being able to freeze all interest and charges. You would also have someone acting on your behalf and dealing with any creditor correspondence or legal action to save you having to do it yourself. xx

 

why pay some company when you can do it yourself:mad: unless you are talking cccs or payplan, but then they do not fight unenforceable debts for you


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I had a look at a debt management plan and thats what triggered the Bankruptcy avenue for me because I'de be paying for the rest of my life. I know it's irresponsible of me and I do regret it greatly but now it's causing me untold amounts of issues, so I just want to be clear of it all.

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Well I've sent the CCA of to all of them and they have just sent me more demands,

 

What should happen after they receive the CCA please? Just so i know what to do when it all starts to get a bit weird :confused:

Thank you

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there is plenty to help you on this forum.

if they dont reply in 40 days they are in breach of contract and it gives you the right to stop paying. them anyhting you owe them.

if they then say they are taking you to court right to the judge telling him they did not show you the deatils of your cca request.

 

if you chack out other people on this site they will tell you the same thing but in more detail

 

alan

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this may also help you

 

icon1.gif Re: CCA Request

If an agreement is unenforceable you can't reclaim the interest, if you tried you would be in effect admitting that an agreement was in place.

 

The letter below is what you send to request your CCA, 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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

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this to.

 

 

Failiure to provide a copy of the agreement within the prescribed timescale

 

emailButton.png printButton.png pdf_button.png User Rating:rating_star.pngrating_star.pngrating_star.pngrating_star.pngrating_star.png / 16

PoorBest Failiure to provide a copy of the agreement within the prescribed timescale.

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

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if you type cca request in the search box at top of page will take you to all sorts of info.

 

good luck

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there is plenty to help you on this forum.

if they dont reply in 40 days they are in breach of contract and it gives you the right to stop paying. them anyhting you owe them.

if they then say they are taking you to court right to the judge telling him they did not show you the deatils of your cca request.

 

if you chack out other people on this site they will tell you the same thing but in more detail

 

alan

 

 

a cca request is 12+2 days then it is in dispute and you send the dispute letter

 

a sar is 40 days


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks this is brilliant :) I will wait now as so far having only received further demands, nothing else.

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Hi Again :)

I'm now about to start sending dispute letters out now as only one of the creditors have responded saying they are making enquiries from the original creditor for the agreement.

How will it pan out at the end of it all? What is likely to be the outcome? If they provide the agreements will all my sending letters etc.. be in vain?

Once again many thanks this positive advise is really helping me.

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we wont know until they provide some agreements or in the best case no agreement then the debt is unenforceable

 

its now a waiting game - patience

 

I have had requests going back months, and all the while the clock is ticking to the magic 6 year point with no payment or written acknowledgement


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks PGH You really helped see some light really thanks a million :)

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