Credit card debt and suicidal, please help if you can

[nick20045]

Everybody tells me I look the best I have for years!

Come on in- the waters lovely!

Ok then. Post a piccie of you in the bath then. :D:roll:

 

And no cheating either. ROFL.

[MandM]

Ok then. Post a piccie of you in the bath then. :D:roll:

 

And no cheating either. ROFL.

 

You can have a pic of me (i'm built athletically like my avatar)

 

M

[MandM]

 

M

[MandM]

And now i'm going to go and do this..............

 

 

Night all

 

M

[dx100uk]

lots of you need to keep in mind NO_ONE BAR A COURT OF LAW

has the right to see your financial details.

i would never ever give them that info.

 

YOU are the judge of if you can pay this or that and at what level..

its YOUR MONEY not theirs!!

tell them what they are going to get and pay it [say by internet banking]

don't crawl to them hoping they might bow and give you permission

take control!

 

dx

[nunnyrose]

I'm a little shy....

[nick20045]

lots of you need to keep in mind NO_ONE BAR A COURT OF LAW

has the right to see your financial details.

i would never ever give them that info.

 

YOU are the judge of if you can pay this or that and at what level..

its YOUR MONEY not theirs!!

tell them what they are going to get and pay it [say by internet banking]

don't crawl to them hoping they might bow and give you permission

take control!

 

dx

Yes in some respect you are right. It is ONLY a Court that can do that. BUT it WAS THEIR money you borrowed in the first place.

 

The other argument is that you may tell them what you believe they should get BUT they can challenge what you say and to fully challenge you (unless it finishes in a ping pong game of letters) is in a Court of Law which then, considering they will go with solicitors adds more costs. The fact also being that if the person cannot afford a solicitor they have to be Litigant in Person. Now personally I have no problem with that but others do feel intimidated. Also whereas some of us will not think twice of taking a bank on and challenging it or taking a DCA on and challenging them, others are not capable to be it for whatever reason.

 

A person can tell a bank (including a credit card company) or a DCA what they want to pay but the bank/DCA does not have to accept it. This being a: to try and get rid of the debt faster and b: knowing that a lot of people do sometimes not accept the debt needs to be repaid

 

In short, it is my money. I have bills to pay. I have other creditors to pay. Here is £1 a month and do not argue you have to accept it. What will happen? After a few letters it goes to Court.

 

Sometimes, it is actually better to go to Court to get a judgement. For example, if I had debt, that debt cannot be challenged (i.e. copy of agreement is there, no PPI, no extra charges etc etc) I would go to Court. I would let the Court fix the minimum payments and ask the Court to put an attachment to earnings on my wages. My boss takes the amount off every week so I do not even notice it. What is left is for the mortgage and for normal day to day living. On the other hand, IF they qualify for Legal Aid they can even get their solicitor to do the dealing for them and get them a deal. Once they have that deal then it stay for basically "Ad eternum" or until the debt is paid off. They will get the odd letter asking if they can increase payments, and basically then all they have to do is write back, state circumstances have not changed and that is it. I know it can be done because my solicitor did it once for me when I was unemployed.

 

In the case of the OP I would NOT want to go to Court. If I was a Judge and she says "We have two mortgages" the first thing I will ask is as to why the other property is not rented out so there is an income coming in. There are loads of people looking for rented accomodation. Now if the OP was to say it is already rented then you do not have two mortgages because one is being paid for but the tennants. If on the other hand the OP say it is not rented then I would want to know why not and why then not think of selling the property, even possibly at a loss so that at least do not have two mortgages/two council taxes/two water charges/two electric/two gas etc costs. As you can see....... we have now opened a can of worms.

 

It is really a catch 22 whichever way you go about it which is why I have advised on how I would handle this problem as I did in previous posts i.e. split the problems and act on each in different ways.

 

Well that is my 2p worth.

Edited December 5, 2009 by nick20045

[desperadette]

Thanks Nick I will split the problem(s) as you say.

 

Mortgages - these are interest only already so nothing more can be done. Re the point you make re renting out, yes, one is rented. The other is my home. However, we never achieved the rental as shown in the Tenancy Agreement the developer showed us and the valuer. It turns out that the Tenancy Agreement was fraudulent - no tenants ever showed up but I have done my best to fill the property and get whatever income I can out of it. I asked the solicitors to check the tenancy agreement before we purchased but it turns out that both the valuers and solicitors are now being investigate by the serious fraud office as it was an elaborate [problem] led by the developer. So for this reason there was a shortfall between rent received and mortgage payments and over a prolonged period and me not being able to work we got into arrears.

 

Just last month my lender took one lot of solicitors involved to court (unfortunately not mine who are in liquidation) and settled out of court. So the lenders are aware of the problem.

 

In terms of selling the property - as the valuations were rigged we were looking at a shortfall of around 80K BEFORE the current downturn in the housing market. I dread to think what it would be now. We should be able to get compensation at some point and then we can look at selling.

 

I take your point about Egg/Apex and will do as you say and send them a letter.

 

The same with the other two. I will send the letters and requests for CCA as you suggest. Although I am not sure what the next step is. I gather that sometimes the debt isn't enforcable but it is not written off either and my goal is to pay back these debts as soon as I can. I feel they have shown me some goodwill so far -and I do not want to get on the wrong side of them now. But I will take it step by step as everyone recommends -its hard as I am desperate to find a solution and end the stress right now!

 

I am also now in the process of doing the I and E form from the site recommended by MandM who I believe is chilling in front of the telly right now!

 

Thanks guys for all the funnies on this thread - it has made me smile:)

[nick20045]

Thanks Nick I will split the problem(s) as you say.

 

No problem. I am sure that once the weekend is over others will join in with their advise/suggestions. In respect of myself you have to understand that I say it "as I see it". I might be right. I might be wrong in how I understand things but please do not expect me to say things I think you ONLY want to hear. I will tell you what I think. Also any CAPS are for emphasis and "not shouting".

Last one (yeah as if it is the Last one ROFL), following may look like a lot to read but take it easy, read it bit by bit and take it in. You should have most things covered. (I have also tried to add a bit humour as well).

NOTE: Some members say not to sign letters because signatures can be lifted. I am not going to enter in whether yes or not to sign. That is up to you. Read about a bit about this and decide. My personal opinion is: If a person has NOT written any letters lately then dont sign so they do not know what the signature looks like, but it is pointless not signing if you wrote to them last week or last month cos they already have your signature.

ALSO some may say, dont pay, to put in dispute and then start asking for copies of agreements and send an SAR. In your case I do not think this is advisable (maybe somebody else may say otherwise) for the reason you want to get the information so that you can check AS YOU ARE ENTITLED BY LAW but you do not want to "Rock the boat" too much for now either. The way I am looking at it is "I have been paying all this for say a year, a couple of weeks aint going to make much difference. Now let us see how we can solve problems and make life easier to live".

And, as there is a fair bit of information, take notes so you do not get mixed up........

Mortgages - these are interest only already so nothing more can be done. Re the point you make re renting out, yes, one is rented. The other is my home. However, we never achieved the rental as shown in the Tenancy Agreement the developer showed us and the valuer. It turns out that the Tenancy Agreement was fraudulent - no tenants ever showed up but I have done my best to fill the property and get whatever income I can out of it.

That no tennants turned up I am not going to enter into as then again it can be argued that people do change their minds. What I will say is that you check what the other local private tenancies, local estate agents and find out what rented properties similar to yours are going for and try and get the same amount of money coming in a month.

I asked the solicitors to check the tenancy agreement before we purchased but it turns out that both the valuers and solicitors are now being investigate by the serious fraud office as it was an elaborate [problem] led by the developer. So for this reason there was a shortfall between rent received and mortgage payments and over a prolonged period and me not being able to work we got into arrears.

 

I take it you mean you asked "your solicitors" to check the tenancy agreement. This might be something to ponder about because if there was Professional Negligence (have to be careful because proving something wrong against a solicitor is not an easy job) then you can claim compensation from the solicitors firm.

 

(This case law may apply to you. Namely: A person wanted to deal regarding a hotel. The person seemed competent enough and as such the solicitors are not at fault if the person made a mistake. BUT READ THE LAST PART......... A solicitor has to advise his/her client of any possible pitfalls and hidden pitfalls).

 

Did your solicitor draw your attention to any "pitfalls and hidden pitfalls"???

 

Case Law:

Reeves -v- Thrings & Long [1996] PNLR 265

1996

CA

Sir Thomas Bingham MR, Simon Brown LJ, Hobhouse LJ Legal Professions, Professional Negligence

 

Solicitors were sued for failing to advise their client fully as to the wisdom of the transaction he was entering into. The client was an experienced businessman. Held: (Hobhouse LJ) "Once Mr Reeves was told what the legal position was, he required no further advice from Mr Sheppard in order to evaluate its implications and commercial significance. Mr Reeves was an experienced businessman and under no disability." (Simon Brown LJ) "I cannot accept that Mr Sheppard was under any further duty to his client, any duty to advise him upon the commercial implications or importance of the access provision or to warn him against the risks that it might pose for the future development, operation or sale of the hotel. These matters are well within the client's competence to appreciate and evaluate for himself, business considerations rather than legal ones." (Sir Thomas Bingham MR, dissenting) "It will always be relevant to consider what the solicitor is asked to do, the nature of the transaction and the standing and experience of the client. Thus on the facts here Mr Sheppard was not retained to advise on the wisdom of offering the price Mr Reeves had informally agreed to pay … But it was in my view Mr Sheppard's duty to draw Mr Reeves' attention to any pitfall, particularly any hidden pitfall, the contract might contain."

 

IN SHORT: The business side of the investment i.e. the rental (above is a hotel but yours is a rented home) problems are your responsibility. You were responsible for assessing the "true market" for that area. BUT IF the contract said for example "You are guaranteed so and so in respect of rentals bla bla bla" then as it concerns the contract/agreement your solicitor was duty bound to draw your attention to any pitfalls and PARTICULARLY hidden pitfalls.

In terms of selling the property - as the valuations were rigged we were looking at a shortfall of around 80K BEFORE the current downturn in the housing market.

 

Actually in todays day and world you do not have to sell. Maybe you might want to (later on when things get sorted and property prices are right) to longterm lease the property. If you sell something like a 125 year lease you still get the money for the property but the property stays in your family as you are the Freeholder (for grandchildren etc etc). Also you can then make a bit extra cash by being the Managment Company (something like say £150 - £250 a year managment charge PLUS also get paid ground rent). But that is another matter and let us get on with your present problems first.

 

Now, in reply to your comment.........

I do not take your side of the story on this. IF the valuations were rigged as you allege you should have done your own research. For example, if I am buying a property in an area, I will want to know what other properties are going for, what the neighbourhood is like, what facilities there are etc etc. These come into the valuation of the property. You cannot just have somebody tell you a value and you accept it. e.g. Place I live in which is a two bedroomed flat, because of the neighbourhood etc etc etc last year was valued more then my former matrimonial home which was a 3 bedroom house!

 

I take your point about Egg/Apex and will do as you say and send them a letter.

 

Right: Egg and Apex are now two totally different people to you. As Egg sold your debt to Apex you now have no loyalty to them. Hence send the CCA. It only costs £1 (well £1.50 if you get a postal order). Send the letter recorded (will cost £1.14 but you have proof). Let us see if they have a valid copy of the credit agreement. Remember they have 12+2 days to reply. (Maybe you are now also starting to "click" why I said to write to Apex and tell them you need 14 days to see what money you can get together!!!!!!!!! Hint: Egg 12+2days....... Apex 14days)

 

If NO then it will fall on its face.

IF you DO get a copy of the agreement, scan it, cover personal and private details, google either IMAGESHACK or PHOTOBUCKET and upload so they can be inspected to see if they are correct and legal.

 

In the meantime, start saving cos next one may have to cost you £10 which is a Subject Access Request so we can go into full detail of this account namely looking for PPI, Extra charges added, Penalty Charges Added etc etc etc

 

Apex, well a DCA buys debt at about 10% to about 15% of its value. We DO NOT WANT to make these angry at the moment because you say they are giving you a big discount BUT they ARE still making a handsome profit. So if you write to them tomorrow, you have 14 days (they cannot really push you before that because they will be breaking the Law http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Check out 2.6 (b) which is basically Apex are really in breach of OFT Guidelines if they have asked you to borrow from your mother to pay them.

Now do not forget you are telling them to give you 2 weeks to try and raise some cash. Tomorrow is the 7th, plus 14 days makes it nearly Christmas and plus adding delayed Christmas post etc etc and maybe them not answering straight away this should get you over to the New Year. (At least you may not have a brilliant Christmas but better then the one you were looking forward to a couple of days ago).

In the meantime find out what is the balance they are claiming you owe (in full not after their discount). Remember do not rush because for all you know Egg might make a mess and then it can be all written off........ So full amount. Work out about 20% which will give Apex between 10% and 5% profit and see what that figure is. That is roughly the figure I would be willing to pay to "write the debt off".

Then (remember, you have had 14 days to write to them) you make a FULL AND FINAL OFFER of that figure. (You have kept your word and wrote back in 14 days). Christmas goes past and they write back to you and what now happens is, it becomes like a Moroccan Street Market. They want more, you want to pay less until you agree on a figure. You do NOT hurry with your letters because for all you know, you may have sent in an SAR and that takes 40 days to be answered. BUT......... the rules say: If you are in dispute and you are trying to solve the matter they have to stop collection.

Now...... think first before you start making offers. I would go something like:

 

Your ref:

 

Dear Sirs

 

I refer to your letter dated xxxxx regarding the above mentioned reference in which you made an offer for full and final settlement.

 

 

As you very well know I am in a financial crisis at the moment and to be honest I, in a way, would rather go to Court whereby the Court will determine the bare minimum token payments that need to be made regarding these debts.

 

Then again, your offer is very tempting and I have discussed this with my mother who says she is willing to try and help. I believe you will agree with me that this will reach both of us an amicable solution.

 

As my mother is 68 years of age and on a pension, her total savings are (amount you calculated at 20% of debt) which is being offered to you in FULL and FINAL SETTLEMENT.

 

Please confirm this is acceptable to you so that we can finalise things.

 

Yours sincerely

 

Then they may reply saying bla bla bla bla bla

 

So next reply:

 

Thank you for your letter dated bla bla bla received today. It seems the Christmas post delays are not over yet (means I took an extra 5 days before I wrote back which makes it now over the New Year).

 

My mother has been to the local pawnbrokers and they have valued her gold at £££. This on top of her savings makes a grand total of ££££.

 

This is the best I can come up with and offer in FULL AND FINAL SETTLEMENT. Should this not be acceptable to you, which I hope it will be, I then think that the only recourse may be for a Court to decide what token payments should be made and at what intervals they should be made.

 

I wait for your reply,

 

...........................................................................................

 

And that is how you haggle. And if shove comes to crunch, then write back and tell them that she has tried to pawn her false teeth and her blonde Tina Turner lookalike wig but not much more cash available on them :D

 

....Make sure no telephone calls. All in writing. Writing takes time so you are indirectly "buying" time......... DO NOT JUST OFFER THE MAXIMUM. ........HAGGLE............ YOU ARE A FEMALE, IT IS PART OF YOUR SCHOLASTIC TRAINING namely women are taught to a: haggle and b: cause men grief :rolleyes:

 

The same with the other two. I will send the letters and requests for CCA as you suggest.

 

NO. Marbles seem to be acting ok for now. So get an extention first at £5 a month for the next year................. ONLY AND ONLY AFTER YOU GET THIS do you send a CCA and IF they ask anything, just tell them you want to claify some things but at the moment you are happy that they have extended the £5 a month offer for the next 12 months. BE CAREFUL cos you do not want to risk not getting that extention.

 

BARCLAYS well them just send them the CCA. They have not offered you anything special. MAKE SURE YOU WRITE ON YOUR LETTER

 

Dear Sirs

 

Your ref: xxxxx

Our ref: Debt in dispute

 

Then, bla bla bla CCA bla bla bla (see templates re CCA s.77/s.78 applications).

 

Although I am not sure what the next step is. I gather that sometimes the debt isn't enforcable but it is not written off either and my goal is to pay back these debts as soon as I can.

 

Do not worry about that, go step by step first. All that will fall into the jigsaw later.

 

I feel they have shown me some goodwill so far -and I do not want to get on the wrong side of them now. But I will take it step by step as everyone recommends

 

If you follow the above steps you should not fall on the wrong side of them. What wrong side? Marbles you are paying £5 a month token payment. They accept your "new application" great. They keep getting £5 a month. There is nothing wrong in asking a question that you are allowed to ask by Law (a CCA application). IF you want to search some information like....... when did it all start etc etc etc there is nothing wrong. EVEN IF you send an SAR you are legally entitled to one. IF they have NOTHING to hide then why should they become angry with you? Egg, well they sold you like Judas did for a few pieces of silver so who cares about them? Apex, you are trying to find a figure that is acceptable to both. Putting in a CCA to Egg does not effect Apex UNLESS Egg do not have a true copy of the signed agreement (not an application form or something like that but a true copy of the agreement). Barclays..... well they have given you no special deal. Fair enough they dropped the interest to 3% but paying £110 a month is too high when somebody has no spare cash. If they had acted like Marbles it would be different. So lets see if we can poke a nice red hot poker up that Lion's backside that they have on the emblem. :D Send them that CCA.

 

its hard as I am desperate to find a solution and end the stress right now!

 

Typical woman. Wants it and wants it now. :D:D (Just joking ROFL).

 

Just follow those steps. Egg I would NOT be bothered about cos like I said they sold you for a few pieces of silver. The others, anything they write back try and advise (give a brief idea of what they are saying but no need for a word by word BUT PLEASE BE EXACT AS POSSIBLE).

 

Remember this: FROM NOW ON, YOU ARE IN CONTROL and not them. You have the MOST POWERFUL TOOL IN YOUR HANDS. It is called "Dispute" (read the OFT Guidelines in the link above and see how powerful that word is).

 

Basically, at the moment we are after:

Marbles a new agreement. Then we can start a bit of research.

Egg copy of agreement.

Apex try and bring the amount down as low as possible. Then pending what Egg comes up with decide what action/route to go to.

Barclays we need to stop the interest, bring the payments down and in the meantime do some research as well.

 

Most of all, instead of having 3 creditors (forgetting the mortgage) at you at the same time, we have now spaced them, given you breathing space, given you the possibility to relax a bit and moved things over (hopefully) till after the New Year so you can have a decent Christmas with your family.

 

Have fun and post if you do not understand anything or when you get any replies. Ohhhhhh and my bet is Barclays will be the first one to fall on its face which will be a good one cos that will release £110 a month.

Edited December 6, 2009 by nick20045
Usual. Hate typo errors.

[nick20045]

Important to remember: Anybody who says something like "Send the money in and we will consider your offer" (or something like that) DO NOT SEND THE MONEY. IT WILL BE TAKEN AS A DEPOSIT AND THEY WILL WANT THE REST.

 

Also, before you part with any money MAKE SURE you have a letter saying "An agreement has been reached that in payment of XXX pounds IN FULL AND FINAL SETTLEMENT..........". Otherwise they may sell the rest to some other DCA. And YES, it is done.

 

Finally, I do not suggest anybody copies any of my specimen letters word for word. Try and imagine you are at school and you are cheating at an exam. Make a few changes but try and keep within the sense of what I proposed to write (unless you want to add/remove which obviously you can do).

 

And......... (see even Finally is not my "Last one" either).......What I write is my own personal opinion and how I would do it if it was my problem. You are free to take the advise or take any other advise but I cannot hold any liability for advise given as I am not a solicitor and neither do I pose as one. I try to be fair and impartial. If a creditor is due its dues then I will say so. If a creditor is not due its dues for anything especially when it concerns non compliance with the Law then I will say so as well.

[Mr Worried]

Good Morning Nick

 

Sound advice although, I would cca apex as at the moment she will be paying a debt she do's not know is enforcable?.

 

Anyway go and rest your fingers from typing. you have written loads.

 

Mr W

[MandM]

Hi Desperadette,

 

Out of interest, who do you bank with? (fingers crossed it's not Barclays or anyone related to your 'debts').

 

M

[nick20045]

Good Morning Nick

 

Sound advice although, I would cca apex as at the moment she will be paying a debt she do's not know is enforcable?.

 

Anyway go and rest your fingers from typing. you have written loads.

 

Mr W

And a Good morning to you as well.

 

Well I do not think it is right just to write to some body with something like "send CCA to A, SAR to B and stick a middle finger up to C" and that is it. People should know why you are doing certain things so they can learn to see the picture and how the jigsaw is going to fall. Later on they can learn to analyse the problem, split it, look at it and then take the appropriate action.

 

CCA Apex in my opinion will be a waste of time. Apex bought the debt not the file. If you read other threads you will notice that basically all DCA's say that they will write to the original lender for a copy. So why bother "writing to the Jester when the person you want to talk to is the King"? So sending a CCA to Apex all she is doing is "showing her hand". At the end of the day, this is like a game of poker. You get the cards, and then you play the game........... Apex's faith has already been sealed. Now it is just a matter as to whether Egg will hand over "the nail to seal the coffin". And also remember, who is it that is claimed to lift signatures and copy them? Lenders or DCA's? Last one, have to be careful how to play this one. All the debts are over £5,000 so it will not be small claims............ So lets play the game nice and slow and see how it goes.....;-)

 

Hi Desperadette,

 

Out of interest, who do you bank with? (fingers crossed it's not Barclays or anyone related to your 'debts').

 

M

You do have a point you Y front underwear wearer, big bellied, bald headed movie star. :-D Though Egg and Marbles I doubt it. Barclays, well it might be. Asking for a CCA to a credit card issuer does not harm relations. But you do have a good point as Barclays is my first bet that will throw the cards in. THEN AGAIN, if you read the contents of the letter template that is sent if no CCA is received, it say "Any action will be understood to be Harrassment and Vexatious". Hence, let us say it is Barclays. The debt folds and is now unenforceable. IF they, in retaliation write they are closing the current account, then that is vexatious. They will have to give 30 days. If that debt folds, it is going to release £110 a month. My automatic reply would be that, either they change their minds OR I will be issuing a court claim for damages especially considering that their action is vexatious in relation to something being contrary to the Law. Furthermore, in the application, I will be asking for refund of all monies that have already been paid. Then it will have to be somebody really stupid to cut their nose to spite their face by risking a Court hearing where first of all, there is a good chance they will have to refund all the monies they have collected up to now and then a Judge is shown how because the bank does not want to abide by the Law they act vexatiously, effect a familys life. Some things ARE what is called "A two edged sword". Do not ever just see things in one way. Learn to use 3D.

 

So Desperadette as the handsome lad that watches tv in his underwear has said........ whos your bank? And, have you done a credit report check lately? To see if any of these have put a default on your credit rating? If not go to Experian and join for the 1 month free trial. (Make sure you make a note in the diary to delete the membership after say 26 days and before the 1 month free is due or you will get charged £6.99p).

 

Please answer these two questions. Also remember. No more deals on the phone. Tell them to write. (This applies most to Apex). Reason: You do not wish to commit yourself to something that later on may not be able to honour so in writing you can have time to assess and work out if possible or not. Posting: Use Second class (shows you are broke but really used to delay delivery (hence again buying time)) and ALWAYS recorded mail. Be polite BUT FIRM. You hold the magical tools. One is called DISPUTE and the other is called CASH.

Edited December 6, 2009 by nick20045
Ahhhhhm usual. Typo errors.

[desperadette]

Nick

 

Ok, all this is clear. The step by step instructions should be easy to follow, even for me despite the lack of sleep!

 

I will finish the I and E form today and it will be ready to post off first thing tomorrow morning.

 

Re property, yes it was OUR solicitors and yes they were negligent. I don't think you realise how elaborate this [problem] was but I was naive and fell for it. Like I say, the SFO are investigating but it takes time.

 

Wrt valuations, ok, what was happening was something like this. Developer buys a bog standard 2 bed house. Converts attic and basement and you get 5 letting rooms in the house. Wants to sell on to an 'investor' for about a 100K more. If he does it to several houses on the same street and then gets some of his mates to buy at the inflated price that sets a precedent. Now Mr Valuer comes along and developer can prove that similar properties on the same street have gone for the inflated price. Also, developer produces a Tenancy Agreement signed by a group of 5 for a a sum of money that more than covers the mortgage with about £300 profit after management fees. So Valuer is shown proof ( by the developer's sales person) that this is a viable business and so the valuation is based on this as well as proof that similar properties have sold for the same price on that street. Similarly, when I checked house prices in that area, I could see that some on that street had been sold for the inflated amount - the ones that had been sold for less were still unconverted. So the more sales that went through at that price, the easier it becomes to sell more properties at the inflated price as it appears to be the true market value, at least to an investor. Allegedly there was pressure put on the valuers. At least I am told that that is what was said when they were arrested, about 9 of them altogether.

 

There was a 12 month guaranteed rental in place hence the Tenancy Agreement. And I agree, it is entirely possible for people to change their minds but then I was not allowed details of their guarantors or the addresses of the tenants to find out what had happened. In addition, when you find over 130 people who all had Tenancy Agreements and none of these tenants turned up, I think you might agree that there was something suspicious.

 

I do regret that I was so foolish and trusting and I was especially vulnerable as I was ill and had just had a baby. However, many of the others were lawyers, doctors and other professionals so I am not alone. And these guys advertsied in well respected newspapers and I thought that I assumed this gave them credibility. Now of course I know that newspapers will adverstise as long as they get the money!

 

The solicitors who acted and won against the PPP property [problem] are prepared to act for us to get compensation from the valuers and the solicitors who acted negligently. The company I dealt with and the way they worked has been publicised on panorama and othe BBC programs but I do not want to get this site into trouble by naming them on the forum. I am posting details so that if anyone comes across this type of scenario, they know how things can be rigged.

 

It is still completely beyond me why people would take years to train in a profession and then risk it all for a bit of fast cash. And these developers could have done well if they hadn't inflated the prices so much and if they had delivered something similar to what they promised. The developer would have made a profit, the investors would have an asset for a fair price and the tenants would have had good quality accommodation in a newly refurbished house for a fair price.

 

So in the future I hope to resolve the issues with this house but it could take some time - it has already been a few years so I have to focus on what I can do at the moment to improve my situation. I am lucky that I only bought one house - most of the other people involved bought several. Ironically, I am told that the people who allowed themselves to get repossessed are in a better position. The lenders have not gone after them as they know there is a court case pending. We tried to do the right thing and just struggled on and on trying to make the payments.

 

This weekend, there is not much I can do about the house - although I have written to the solicitors.

 

What I can do is address the credit card issues which I am now doing with the wonderful help from all those who have replied to my thread. I am very very grateful that I found you guys. Hope I am in a position to help others and put something back soon.

[Mr Worried]

And a Good morning to you as well.

 

Well I do not think it is right just to write to some body with something like "send CCA to A, SAR to B and stick a middle finger up to C" and that is it. People should know why you are doing certain things so they can learn to see the picture and how the jigsaw is going to fall. Later on they can learn to analyse the problem, split it, look at it and then take the appropriate action.

 

CCA Apex in my opinion will be a waste of time. Apex bought the debt not the file. If you read other threads you will notice that basically all DCA's say that they will write to the original lender for a copy. So why bother "writing to the Jester when the person you want to talk to is the King"? So sending a CCA to Apex all she is doing is "showing her hand". At the end of the day, this is like a game of poker. You get the cards, and then you play the game........... Apex's faith has already been sealed. Now it is just a matter as to whether Egg will hand over "the nail to seal the coffin". And also remember, who is it that is claimed to lift signatures and copy them? Lenders or DCA's? Last one, have to be careful how to play this one. All the debts are over £5,000 so it will not be small claims............ So lets play the game nice and slow and see how it goes.....;-)

 

You do have a point you Y front underwear wearer, big bellied, bald headed movie star. :-D Though Egg and Marbles I doubt it. Barclays, well it might be. Asking for a CCA to a credit card issuer does not harm relations. But you do have a good point as Barclays is my first bet that will throw the cards in.

 

So Desperadette as the handsome lad that watches tv in his underwear has said........ whos your bank. And, have you done a credit report check lately? To see if any of these have put a default on your credit rating? If not go to Experian and join for the 1 month free trial. (Make sure you make a note in the diary to delete the membership after say 26 days and before the 1 month free is due or you will get charged £6.99p.

 

Please answer these two questions.

 

Hi Nick

 

Like I have said before and I have been told, we all work in different ways, and I fully understand your thoughts.

 

Enjoy your Sunday roast.

 

Mr W

[desperadette]

To the Y front wearer (well both of you???) my salary goes into Intelligent (don't laugh) FInance which is part of halifax. So does my husband's.

 

We also have a joint account with Alliance and Leicester - our salaries used to go into that but they were ridiculous with their charges. I suppose I should close that account but I need to pay off my overdraft with them first. They have made a fortune from us in bank charges!

 

For the rental property, I keep things separate in a First Direct account.

 

So none of them are Barclays!

[MandM]

They have made a fortune from us in bank charges!

We might take a look at this later

 

 

So none of them are Barclays!

Phew! Makes life easier,

 

M

[desperadette]

I tried to get my credit report via checkmyfile but they won't accept my card payment. There is money in the account but I think they want a credit card payment rather than a debit card. I was going to ring them tomorrow and ask to subscribe.

 

And I have got rid of all my credit cards.

 

That reminds me, when I rang Marbles with my £5 payment a few days ago, the lady told me that tha was my last payment under the agreement and urged me to send in a new I and E form asap so that I could set up a new agreement. She then said she hoped I wouldn't mind but could I refrain from using the card until a new payment agreement had been set up. I was stunned!!! Bearing in mind they have frozen interest and taking a minimal payment, I would have thought that they would have frozen the account, wouldn't you?

[MandM]

That reminds me, when I rang Marbles with my £5 payment a few days ago, the lady told me that tha was my last payment under the agreement and urged me to send in a new I and E form asap so that I could set up a new agreement. She then said she hoped I wouldn't mind but could I refrain from using the card until a new payment agreement had been set up. I was stunned!!! Bearing in mind they have frozen interest and taking a minimal payment, I would have thought that they would have frozen the account, wouldn't you?

Bit strange - while she was on i'd of asked her if there was any chance of increasing the limit :D:D.

 

Here's some more bed time reading for you. As has been said before, it's up to you what you use and how you use it to suit YOUR needs.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

M

 

PS. Today i'm wearing clean pants

[nunnyrose]

"PS. Today i'm wearing clean pants :wink:"

I should think so to.... you did have your weekly bath yesterday!

[MandM]

"PS. Today i'm wearing clean pants :wink:"

I should think so to.... you did have your weekly bath yesterday!

Almost christmas - so almost bath time

[desperadette]

Hope they are Christmas pants!

 

Well have gone back to Experian and had to pay a fee as I've had the free trial before.

 

The info seems really out of date - the latest I can see is January 2009 so its not much good really.

 

How often do they update credit files, do you know?

[MandM]

 

The info seems really out of date - the latest I can see is January 2009 so its not much good really.

 

How often do they update credit files, do you know?

I assume you have no Default Notices etc against you yet? Not really sure if there is hard and fast rules as to how often they update - I believe it's up to the providers of the info i.e. the credit companies - i'm sure someone can advise but i don't bother too much with this myself as I accepted quite early on that my credit file would become mush!

 

M

[nick20045]

Hi Nick

 

Like I have said before and I have been told, we all work in different ways, and I fully understand your thoughts.

 

Enjoy your Sunday roast.

 

Mr W

No problem. And I agree with you. Then again, if we all had the same way of dealing with a problem, I think you will agree the DCAs will get bored reading the same things over and over again.

 

Ooops silly me! It is us that get bored reading the same things over and over again from DCA's :lol:

 

Sunday roast! Is it nice and sunny where you live? Got no chance here of doing any sunbathing and getting a good roasting. Too cold where I live.

 

Nah! Divorced Happy and a Single Sod. In fact when people talk about the DHSS I keep thinking they are talking about me. And why bother cooking? Aint got no woman to wash the dishes after so my Sunday dinners are always in some pub or restaurant. Hmmmmm choice: Get a woman and die early or stay single, happy and go on holiday about 4 times a year? You can work out the maths if you want. ;-);-)

[MandM]

Got no chance here of doing any sunbathing and getting a good roasting

ooo eeerrr. Not in Ibiza then :DM