help 8k in debt ....unsure of next move

[jaystar85]

hello basically i am new to this and after reading many posts about this im stuck deciding what to do for the best.

 

my situation is that i owe around 8k to 15 creditors and im trying to find out what the best thing to do is regarding these debts.

 

my partner isnt aware of the debt and ive had enough of hiding letters not answering the phone and worrying about bailiffs turning up.

 

should i go on a dmp i have around £70 per month spare. or should i do a f+f settlement? my brother has offered to give me 2k to help pay off the debts but would 2k be anywhere near enough to settle these?

 

most of the debts i have are with DCA now but i have 3 catalogues within the jdwilliams group totaling 2k that are still with them and one with studio also for 2k which is still with them they are both now at the internal collection stage.

 

please can someone advise me what to do for the best and how i go about starting things up.

i rent my house have no assets and have a young son of 4

 

its a nightmare and i just want to sort it asap

thankyou for any help

[harrassed senior]

OK, firstly, we need to know the start dates (year) of these individual accounts, and we also need to know if there has been a period of non payment or acknowledgement during the life to the alleged debt.

 

We would usually start by suggesting issuing a CCA request to each one and see what turns up.

[jaystar85]

OK, firstly, we need to know the start dates (year) of these individual accounts, and we also need to know if there has been a period of non payment or acknowledgement during the life to the alleged debt.

 

We would usually start by suggesting issuing a CCA request to each one and see what turns up.

 

hiya they all date back to around 2005/2006 ish i have previously been paying some on a dmp with cccs but i only ever had 5 debt on the plan.

 

i have stopped the dmp 3 months ago but all the creditors have had contact with me apart from ntl/virgin

 

my creditors are

Wescot £1,708.00 (was housing rental)

wescot £192.00 (was water)

lowel £334.00 (ccard)

eos £54.00 (paypal)

fenton cooper £486.00 (bank acc)

cabot £53.00 (next)

robinson way £382. 00 (02)

avon £48.00

books for children £80.00

ebay £68.00

24 studio £2,050.00

fashion world £1,400.00

jd williams £150.00

simply yours £300.00

the brilliant gift shop £200.00

[BankFodder]

Tell your partner. You will feel a whole lot better about everything.

 

Don't bother about borrowing this money from your brother. It isn't enough to deal with even a small part of the problem so it isn't worth doing.

Your creditors will show no gratitude to you or your brother.

 

Certainly start looking very closely at what is enforceable and what is not.

 

But also to get a proper perspective on it all, try downloading iMoneyManager from this site. The discipline of putting it all down will help you to get a better idea of where you are and also to come up with a manageable set of proposals.

 

Don't get into any verbal arrangements with anyone. No one is to be trusted. Makes sure that every agreement you have is evidenced in writing - or else it is worthless.

[jaystar85]

Tell your partner. You will feel a whole lot better about everything.

 

Don't bother about borrowing this money from your brother. It isn't enough to deal with even a small part of the problem so it isn't worth doing.

Your creditors will show no gratitude to you or your brother.

 

Certainly start looking very closely at what is enforceable and what is not.

 

But also to get a proper perspective on it all, try downloading iMoneyManager from this site. The discipline of putting it all down will help you to get a better idea of where you are and also to come up with a manageable set of proposals.

 

Don't get into any verbal arrangements with anyone. No one is to be trusted. Makes sure that every agreement you have is evidenced in writing - or else it is worthless.

 

 

as some of the agreements are quite old should i offere f+f settlements on these?

and should i put them all onto a dmp to stop any further action and work from there do you think?

[jaystar85]

i am considering bancrupcy do you think this is a viable option

[impecunious]

HUGE step to take - I'd personally advise that you initially determine how many of the debts are actually enforceable - then decide what course of action to take.

 

Take a deep breath and prepare to play the long game. You'll get lots of great advice on here -- don't make any rash decisions which could affect you adversely long-term.

 

With support, you'll get through this. Debt, after all, is really only an entry on a balance sheet. It's manageable when you know how to play the game. It certainly won't seem so daunting once you start empowering yourself with knowledge.

 

Good Luck!

 

Impecunious!

[jaystar85]

HUGE step to take - I'd personally advise that you initially determine how many of the debts are actually enforceable - then decide what course of action to take.

 

Take a deep breath and prepare to play the long game. You'll get lots of great advice on here -- don't make any rash decisions which could affect you adversely long-term.

 

With support, you'll get through this. Debt, after all, is really only an entry on a balance sheet. It's manageable when you know how to play the game. It certainly won't seem so daunting once you start empowering yourself with knowledge.

 

Good Luck!

 

Impecunious!

 

thanks for your advice. i know im making rash decisions but im just sick of it all now!!

with regards to enforcability do i send out a cca request or sar request im sorry im so stupid but i dont know where to start

[Seminole]

I agree. Bankruptcy is a last resort.

 

You have a lot of creditors but many of these are under £100. It's not impossible but it's unlikely that anyone will take you to court for these. You may get letters and annoying phone calls but they're not your priority.

 

Of the larger debts it looks as if you could make CCA requests for Lowell, 24 Studio, Fashion World, Simply Yours and the Brilliant Gift Shop. Make the requests (enclosing a Postal Order for £1) and then wait for 12 days. If they don't reply send them the account in dispute letter from the site's library and stop paying if you want to. If they do send anything back then post it up here (minus personal details) for people to look at to see if they're enforceable.

 

Does the bank charges debt include any charges for bounced transactions etc. If it does you can seek to get these refunded by making a complaint to the bank and then to the Financial Ombudsman. It sounds as if you would have a strong argument for hardship.

 

The O2 debt is problematic as it isn't a CCA regulated agreement. However, given who it's with they may have added charges. Can you remember how much the debt was for when it was with O2?

 

Someone with more knowledge than me will be able to help you with the water bill debt. Are you still with the same water company?

 

Finally, was the rental debt subject to any form of court hearing? Is it for a former tenancy and, if so was it a private or social housing tenancy?

[jaystar85]

I agree. Bankruptcy is a last resort.

 

You have a lot of creditors but many of these are under £100. It's not impossible but it's unlikely that anyone will take you to court for these. You may get letters and annoying phone calls but they're not your priority.

 

Of the larger debts it looks as if you could make CCA requests for Lowell, 24 Studio, Fashion World, Simply Yours and the Brilliant Gift Shop. Make the requests (enclosing a Postal Order for £1) and then wait for 12 days. If they don't reply send them the account in dispute letter from the site's library and stop paying if you want to. If they do send anything back then post it up here (minus personal details) for people to look at to see if they're enforceable.

 

Does the bank charges debt include any charges for bounced transactions etc. If it does you can seek to get these refunded by making a complaint to the bank and then to the Financial Ombudsman. It sounds as if you would have a strong argument for hardship.

 

there were charges in here but llyods refuse to send me out the statements and as i dont have any paperwork and cannot remember the account number as it was from 2005ish im not getting anywhere!

 

The O2 debt is problematic as it isn't a CCA regulated agreement. However, given who it's with they may have added charges. Can you remember how much the debt was for when it was with O2?

 

it was roughly the same amount i believe

 

Someone with more knowledge than me will be able to help you with the water bill debt. Are you still with the same water company?

 

we are with the same company but its in my boyfriends name im not on the bill at all

 

Finally, was the rental debt subject to any form of court hearing? Is it for a former tenancy and, if so was it a private or social housing tenancy?

 

it was a flat with a housing association i got behind with rent they then took me to court but i think this was just to regain possesion of the property

 

 

i hope that all made sense

[harrassed senior]

hiya they all date back to around 2005/2006 ish i have previously been paying some on a dmp with cccs but i only ever had 5 debt on the plan.

 

i have stopped the dmp 3 months ago but all the creditors have had contact with me apart from ntl/virgin

 

my creditors are

Wescot £1,708.00 (was housing rental)

wescot £192.00 (was water)

lowel £334.00 (ccard)CCA as below

eos £54.00 (paypal)

fenton cooper £486.00 (bank acc)

cabot £53.00 (next) CCA as below (store card?)

robinson way £382. 00 (02)

avon £48.00

books for children £80.00

ebay £68.00

24 studio £2,050.00 CCA as below

fashion world £1,400.00 CCA as below

jd williams £150.00 CCA as below

simply yours £300.00 CCA as below

the brilliant gift shop £200.00

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days 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).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

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)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[jaystar85]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days 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).

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

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)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

 

brilliant could i do this for llyods bank account again even if i do not have account numbers? And with the catalogues jdwilliams fashion world simply yours and the brilliant gift shop are the same so do i send this once for each account within their group

Edited May 26, 2010 by jaystar85

[harrassed senior]

As Bank Fodder has suggested it would be a good idea to use the Money Software he has suggested.

 

I have used something similar for ordinary home accounts and it is brilliant.

 

Failing that, the first thing to do whilst waiting to the results of the CCA requests is to make a regular £1 per month payment to each of your debts. They won't like it, but tough, so long as you are making regular payments there is going to be no legal action and certainly no Bailff action!

[harrassed senior]

Is the Lloyds account for an overdraft, because if so, this does not apply, and it is best to go down the 'charges' route.

[harrassed senior]

Looking at Pay Pal, ebay and Avon, just to get rid of these I would offer a full and final in writing as a final offer of 10% of each debt. Just phrase the letter that these are desperate times and call for desperate measures!

[harrassed senior]

Books for Children and Brilliant Book Shop - were these store cards? or if not did you sign an Agreement?

[harrassed senior]

OK, I do not know your personal situation, so cannot suggest to tell your partner or not. As BF says it is an enormous relief if you do so, so might I tentatively suggest that you think about telling him, but stress that it was 'hairy' for a while but it is all under control now, which of course it is:).

 

The situation will be that as each and every CCA request is responded to if you remove identifying info and scan and post on here, the experts will have a look and give their opinions thereon. From then on it is in your hands to take which direction you feel is best. If the Agreements are judged to be un-enforceable, (there are several there that we can say with some certainty will be unenforceable) then your decision is this - to tell them the account is unenforceable and you will not pay another penny, or come to an arrangement that is suitable to YOU.

[jaystar85]

Is the Lloyds account for an overdraft, because if so, this does not apply, and it is best to go down the 'charges' route.

 

 

the llyods one was an overdraft but i know at least 60% of the balance was charges

 

the brilliant gift shop is a catalogue from jdwilliams it was opened online as were all my catalogue accounts i have never physically signed any papaerwork for any of the things i have listed

[jaystar85]

OK, I do not know your personal situation, so cannot suggest to tell your partner or not. As BF says it is an enormous relief if you do so, so might I tentatively suggest that you think about telling him, but stress that it was 'hairy' for a while but it is all under control now, which of course it is:).

 

The situation will be that as each and every CCA request is responded to if you remove identifying info and scan and post on here, the experts will have a look and give their opinions thereon. From then on it is in your hands to take which direction you feel is best. If the Agreements are judged to be un-enforceable, (there are several there that we can say with some certainty will be unenforceable) then your decision is this - to tell them the account is unenforceable and you will not pay another penny, or come to an arrangement that is suitable to YOU.

 

thanks so much for your info i feel so much more postive about things already!

[harrassed senior]

Finally, Water and Housing, I presume you were on a lease /rental agreement with the housing, pretty sure this is not covered by a CCA and of course neither is the water.

 

You are hearing from westclots regards the housing, so how long is it since you have paid anything off this, and how old is it?

 

Have to have a think on the Water

[harrassed senior]

Right CCA to Brilliant Book Shop it is then.

[snowy101]

Finally, Water and Housing, I presume you were on a lease /rental agreement with the housing, pretty sure this is not covered by a CCA and of course neither is the water.

 

You are hearing from westclots regards the housing, so how long is it since you have paid anything off this, and how old is it?

 

Have to have a think on the Water

 

Although different circumstances i recently had a DCA come after me for a water bill at a previous address, sent them the prove it letter, might be worth a try.

[jaystar85]

Finally, Water and Housing, I presume you were on a lease /rental agreement with the housing, pretty sure this is not covered by a CCA and of course neither is the water.

yes it was a rental agreement

You are hearing from westclots regards the housing, so how long is it since you have paid anything off this, and how old is it?

 

it was about 2 months ago since i paid something like £5

 

Have to have a think on the Water

 

..

[jaystar85]

[/b]

 

Although different circumstances i recently had a DCA come after me for a water bill at a previous address, sent them the prove it letter, might be worth a try.

 

yes it may be worth a try but i have previously been paying them so dont know if it would work the same

[snowy101]

yes it may be worth a try but i have previously been paying them so dont know if it would work the same

 

 

It cant hurt though & will put a shot across the bows so to speak:D, your still entitled to ask for proof of any debt.

It might not solve anything but it will give you a clearer picture of whats what & also show them you are informing your self with legal knowledge & to be treated with respect. In my circumstances i never heard from them again.