And so the ball is rolling...Am I scared. You bet ya...

[taffy_taylor]

In June 2008 I moved permanently from the UK to Republic of Ireland.

(Bad start Huh. Whats the difference between Ireland and Iceland ---1 letter and about 3 months)

Sorry!

I moved here with the family and though redundancy and retirement I had and left quite a bit of unsecured debt with loans and CC's plus some Bank OD's all with UK companies.

I contacted pay-plan and they did a wonderful job in arranging reduced payments with all the creditors. I have sent £350 a month back to my bank in the UK (NWB) at quite some cost in international transfers. I took the approach that i/we got into this mess so its our responsibility to get out of it.

The recession is very deep here and work is not that secure or frequent. As a result the UK bank have asked that i close the account and pay them the overdraft back. This has caused the payments to payplan to stop and now they (PP) are asking me to increase the monthly to make up the arrears. I need to reduce them, not increase them as things here are getting worse.

 

I contacted the UK bank and they said "as it is no longer being serviced with a salary cheque etc then the account has been moved to our "Risk management centre"and they want the whole amount repaid." I argued my case and they changed their tact and said "OK, we will consolidate the od's into 1 loan at 8% and an arrangement fee of £250 or we close them and take enforcement action." I cannot pay payplan in euro they wont take it so I cant send them money direct from here without exchange costs and sending cash through the post, which they have asked me not to do.

I may now have to take the bank loan to keep the account open in order to service the payplan account and try to catch up the arrears at a time when money is reducing.

I have few options but one is to put 2 fingers up to them all and say I tried to play ball when on my knees and you F***ed it up for me. But if they sell the debt to and Irish DCA then it could be a big problem as people go to prison over here for evading debt I am told. However with the Country on its knees would a DCA buy it?

Or I may be able to make a one off gesture payment in a final go away offer (can I do that)

I want to get rid of the debt as soon as i can and have a small lump sum that i am thinking of offering. We dont intend returning to the UK (unless absolutely necessary) for another 5 years at least.

BTW the only people who know where I now live are payplan.

 

what should I do?

 

All advice is received with gracious thanks

 

TT

[The Investigator]

Hi,

 

In a word, as you now reside in Ireland the UK banks have no hold over you. You have an opportunity for a fresh start and this will be reflected in how Irish lender will respond to your requests. Irish lender do not have access to your UK credit history and therefore will not rely on it. I wish you well....

[taffy_taylor]

Hi Investigator,

i appreciate your information and advice. I had thought that, as I have been approved for a mortgage here (small one) and that passed np. The question is how do I get the debt to go away and allow me to walk down the street without constantly looking over my shoulder.

Are you saying they cant touch me here?

 

i have been told in another forum that they cant get a CCJ against me as I am no longer resident in UK (True ?) but that would need me showing my hand and revealing my new address - which they dont have unless payplan give it to them (data protection act ?)

 

Thanks for all your help

 

TT

[taffy_taylor]

My partner and I left the UK and settled in Ireland as she was made redundant and I had retired ( She is from these fair shores).

 

We had some debts and tried to sort these out before we left.

 

The bank threatened all manner of things (NWB) and we were put in a position where we accepted their solution, a loan to pay off the overdrafts.

 

The other matters (9 in total) a mix of credit cards and loans we started to pay a minimum amount.

 

The solution will/would take us 26 years to pay back.

 

I started to read the postings here and sent off cca requests to all (except the bank) to see if there were any way to turn the tide in our favour.

 

I sent the letters (with postal orders) and:-

 

2 are saying the letter wasn't signed so they don't need to comply. According to other threads I read here, signatures can be copied. Where do I stand here.

2 have sent back what apears to be legitimate agreements. I will scan them and post here for your advice.

1 sent me a copy of terms and conditions. kept the PO What next ?

1 returned the letter and postal order saying the address is different and the letter is not signed so sorry......... not complying. Help ???

1 kept postal order and said no signature so re submit. The cheek

 

 

So I need help and confidence boost to carry on. My questions are.

Do the letters need to be signed ?

Is the Terms and conditions enough ?

Can someone look at my scans (minus details I know) and advise?

 

Thanks.

Lastly and just as a side issue.

 

I had dealt with Payplan on this they are the only people with my Irish address.

 

I have been advised that Payplan have informed all the creditors of my new address.

 

Can they do that?

 

They didnt ask me if they could.

I was told

 

"Good morning, I can see that you updated us with your Irish address in September 2008

unfortunately I cannot see anywhere where you advised us not to pass this address onto your creditors.

 

As I previously advised to complete security checks with your creditors for data protection we must hold the same address as your creditors,

 

kind regards XXXXXX"

 

 

Many many thanks for any advice and help

 

Regards

 

Taffy

[ashmk]

You do not need signatures so no matter what they say you have made your legal request and it stands. You can sit back and await their non compliance.

 

Terms and conditions on there own mean squat. You can sit back and await their non compliance.

 

You have proof they recieved these requests with recorded sips ? Them cashing the PO is also proof enougth

 

So far so good, you have the winning hand thus far.

[taffy_taylor]

Thanks for your response it confirms all that I have read here. One of the resposes says that the data they hold (address) is different to the one on the CCA request and therefore they require a signature. I figured this was a reasonable request until I remembered that they have all been given my new address by payplan (in Breach of DPA if you ask me). Should I sign a new request or just wait. as far as record of service is concerned. Those that have refused pending a signature have sent my letter back with their received date stamp on it

 

So to sign or not to sign that is the question (?)

 

Thanks again

 

TT

:?

[taffy_taylor]

One more question.......... Should I write back and remind them of their obligations irrespective of the lack of signature or should they know that ?

 

TT

[ashmk]

In my opinion they should know that. I wouldnt waste a stamp reminding them. Wait till they default then send the in dispute letter.