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Hello :)

 

I'm glad I found this forum as it looks like a really helpful, informative site for someone in a heap of debt problems, like me. :oops: I've read through quite a lot of threads so far - and will continue to do so - but I haven't yet found the information I need. BTW, sorry if this is in the wrong forum. :rolleyes:

 

My wife and I have personal loans, several credit cards, overdrafts etc. etc. and in total (I'm ashamed to admit) we owe somewhere around £50k. :eek::( We haven't been 'living it up' in any way whatsoever but we have had some bad luck and, with the added benefit of hindsight, we've made a couple of bad decisions along the way.

 

I understand that, for advice regarding specific lenders, I'll need to post in the relevant sub-forum but I have a couple of general questions that I hope can be answered before I really begin. I'll apologise now if I have inexplicably missed the blindingly obvious explanations!! :D

 

I was made redundant from a fairly well paid job in July last year and this has left us in a whole world of financial problems. As a result of this I have not been able to afford to keep up repayments on an unsecured personal loan or my credit cards and defaults have now been registered against my name. :( I've been making token payments of £1 per month but things seem to be escalating. Some debts have been passed on to collection agents and they are the ones who are now hassling me for the money in full!!

 

I have read about people asking for a CCA from their card providers and then being generally messed about in the ensuing weeks/months. Is the purpose of going down this route a way to get out of paying back the money owed on the card if they cannot provide proof of the debt or something? Basically by exploiting a legal loophole? (I do hope so as I have an MBNA card with over £15k owing on it :eek: ). Or have i got this all wrong?

 

I can go into more detail as and when it's needed but I think this is long enough for a first post on the board! ;):D

 

Thanks in advance. :)

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Hiya and welcome to CAG,

 

You have got it one and there is a way around the loophole but not for us in Ecosse.

 

If you send the cca's, the older the better, then hopfully they admit there is no valid cca for the account.

 

here is the scotland forum:

Dealing with Debt in Scotland - The Consumer Forums

 

have a read around there and you 'll see what can and can't happen.

 

But there is nothing to stop sending off cca requests to check.

 

alos if there are charges you can reclaim these back so any with charges you can send a sar off to get the all the transactions to reclaim them

 

ida x


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Hi 2muchdebt-Have you a mortgage or do you rent.Bit of help if you havent had any advice here as well- http://www.nationaldebtline.co.uk/scotland/ CCA requests,must be worth a pound,who knows some may cave in.Keep posting any questions you may have,welcome to CAG,Tawnyowl,

Edited by tawnyowl

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Hi again,

 

Thanks for the replies. :)

 

Ida - does that mean the loophole will only work if I live in England? I have only recently moved to Scotland, in March this year. Does this affect anything? (The financial difficulties began when we lived in England so all the credit cards and loans were taken out under our English address). Is there any benefit of going down the CCA route if the loophole isn't available to exploit north of the border? :confused: One of my credit cards - MBNA - was taken out in 1997 so surely they won't still have the CCA for that after 12 years?

 

Tawnyowl - we rent privately up here but we own a property south of the border (it's actually in my wife's name as she bought it before we met). Although we lived there together for a few years it has been rented out since Dec 2005 with a 10 month gap when it lay empty when we tried, and failed, to sell it.

 

Right, I think it's time to start posting in the relevant sub-forums too as Halifax have now sold on the debt of my unsecured personal loan to Blair, Oliver and Scott Ltd and they are now getting very threatening. :( This is despite me explaining the situation to Halifax several dozen times on the phone and making token payments of £1 per month for quite a while now.

 

What a mess. :oops:

 

Cheers,

 

2muchdebt

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If you have lived in Scotland for 3 months then scotland jurisdiction would apply

 

I would still go ahead with the cca to see what they have

 

ida x


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I understand posting in the sub-forums,you will receive tailored advice.Your house in england is in your wifes name.But you have joint debts which are escalating now.How are the collection agents hassling you by phone or letter.By now you may realise regarding Blair, Oliver and Scott - They are Halifax Bank of Scotland's own in house credit control department. ...Be careful of charging orders being made on your wifes house -is there equity or negative equity, as this seems to be a increasing problem-link here http://www.timesonline.co.uk/tol/money/consumer_affairs/article6570910.ece keep posting,best wishes Tawnyowl.

Edited by tawnyowl

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Thinking about things carefully, I don't think any of the debts which are behind in payments are in BOTH our names. We have a couple of joint accounts, one of which (HSBC) has an overdraft facility which we need - and use - every month. We have one loan with Alliance & Leicester in both our names but we haven't missed a payment on that one, to date. :) All the other debts we have, either jointly or singlely, are being serviced as they should be.

 

The only debts that are behind with payments are solely in my name. :rolleyes:

 

These are:

  1. Halifax Unsecured Personal Loan, owing somewhere just under £6,000.
  2. Halifax Current Account Overdraft, owing around £1300 (and rising, thanks to charges!! :evil:). This account is not used at all now.
  3. MBNA Credit Card, owing around £15,500.
  4. Egg Credit Card, owing around £3,500.

I have had so many letters and phonecalls in the last 6 months from all of the above organisations that, in the case of letters, I now simply open them and either chuck them away or leave them to get buried in all the other financial paperwork that should really be dealt with somehow. As for the phonecalls, I have stopped answering my mobile to them. (They do not have my landline number and I won't give it to them either).

 

The house in my wife's name is in a position of positive equity. The mortgage is an interest only Buy To Let for £110,000 and even despite the property slump I would estimate it to be worth about £125,000 at the absolute minimum, but more likely somewhere around £135,000.

 

How do I find out what the exact state all of these defaulted debts are in? Do I need to call them and find out which ones have been 'sold on'? Or is there another way?

 

To be honest, it's quite embarassing to admit that I am more familiar with the view from beneath the sand with this whole bl**dy mess we're in. :(

 

If I CCA them and find out that some/all are "unenforceable" what does this mean? Can I, legally, stick the proverbial two fingers up at them and stop paying them with no further problems? :confused: I still don't quite fully understand the ramifications of getting unenforceable or enforceable verdicts on my debts. What a numpty!! :oops:

 

Thank you so much for your help. :)

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unenforceable means that is unenforceable at court.

 

the debt still exisits but you are under no obligation to offer payment to them.

 

I used this and offered massively reduced full and finals to get rid of them

 

Ida x


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