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We have so much debt, it seems only hope is selling house!


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Thanks Laura. I guess we're not suffering severe hardship as we are still managing to meet payments - just! I got so fed up of A&L, every time we rang they said they'd look into it and then sent out the same old form letter, saying we're waiting to hear from the courts re bank charges.

 

The loans aren't 5 years old. One of the cards may be around 5 years old but not sure. I'm going to write for CCA anyway and see what happens.

 

Thanks for the encouragement. I feel slightly happier, knowing I've made a start, setting up an accounts book and a file and that I'm going to get the CCA letters sent off tomorrow and also going to apply for a basic bank account.

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And claim back PPI too on the cards and loans if you have'nt claimed from it.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Morning!

Hope you're feeling better and more positive this morning :)

Re the change of payment day /Standing Orders..simply tell them that as your source of income is now variable in terms of when it is paid, you want to tidy your finances up by moving the payment day to the most suitable day of the month, and change it to Standing Order to preempt any inadvertant failure of DD's due if your money comes in slightly later than expected. Tell them your prime concern is to ensure that they are paid each month ;)

At the same time, ask them for the details you need to set up the SO.

 

Upwards and at 'em!

 

Elsa X

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Thanks everyone.

 

I claimed credit card charges back when it first became known that we could, so a few years ago? Haven't claimed any recent ones, not sure if I have any, but if I am able to claim for these, I will get out my statements and check if there are any.

 

Thanks Elsa for the tip re standing orders.

 

Feeling more positive today, although also a bit nervous. Husband is going to make calls re mortgage holiday and also for new simple bank account.

 

The company whose loan and credit card payments bounced a week ago keep ringing, they were hanging up without a message over the weekend but today I picked up and they wanted to speak to my husband as the card/loan are in his name. they'll call again tonight. We expected them to represent automatically, but seems they don't.

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UK VoIP Internet Phone Service - VoIP PBX Switchboard and Telephony services

 

Take a look here, the basic service is free, for a voip number. You can even have one with your local STD. You don't need a voip phone or any software...just use it as an online message service.Then change as many accounts as possible online to that number. You can then check the messages online, if you wish. Only the companies you give that number to will ring it.

I don't even bother checking them now..LOL

It's a good log for harrassment claims though.

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Agree with Elsa (I keep saying I agree with peeps but you are getting some great posters on here).

 

Always make them keep to a paper trail. And if you write keep it to the minimum of what you want to say/request.

 

Do not volunteer any information you don't need to.

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UK VoIP Internet Phone Service - VoIP PBX Switchboard and Telephony services

 

Take a look here, the basic service is free, for a voip number. You can even have one with your local STD. You don't need a voip phone or any software...just use it as an online message service.Then change as many accounts as possible online to that number. You can then check the messages online, if you wish. Only the companies you give that number to will ring it.

I don't even bother checking them now..LOL

It's a good log for harrassment claims though.

 

Thanks for the tip, that's a great idea.

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Agree with Elsa (I keep saying I agree with peeps but you are getting some great posters on here).

 

Always make them keep to a paper trail. And if you write keep it to the minimum of what you want to say/request.

 

Do not volunteer any information you don't need to.

 

That suits me down to the ground, I hate phones, much prefer to write anyway - and I keep everything on file.

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Now you know why I'm called Undercover_Elsa... :D

Hiding in full view is my speciality. We have to protect ourselves from stress as these guys don't play fair.

 

Definitely!

 

So, do you not think my husband should speak to them tonight regarding the payments that bounced as we were going to ask them to represent the payments as the funds are there for them now - we had enough on the day but they took the payment out in the morning and husband's pay went into the account in the afternoon! So the bank bounced the payment! I hate banks!! :mad:

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Hello Wilchil64!

 

So, do you not think my husband should speak to them tonight...
No!

 

Never speak to them on the phone, it only encourages them.

 

Nothing they will say is worth hearing, because they cannot be trusted with a Telephone. They seem to think it's a clever and unaccountable lie-enabling device.

 

They call because it's lazy and instant. Their sole aim is to catch the target off-guard so they can get what ever it is they want.

 

It's sadly effective, as reflected by the number of Call Centres and Call Centre Drones they employ to hassle people.

 

The best advice is to keep them all at arms length, and that means communicating with them all via letter.

 

That....S-L-O-W-S....T-H-I-N-G-S....D-O-W-N!

 

It gives you time to think, and that is worth its weight in Gold for the peace of mind that it gives you and your family. You can make the right decisions, and can take days considering them..unlike the Telephone, where these muppets will press you for an instant knee-jerk reaction, one that usually involves your Debit Card.

 

From now on, start playing it as a game, and get to enjoy their increasingly desperate tactics and hollow threats.

 

A nice long audit trail of letters counts for a great deal should anything ever make it as far as Court. Whereas any number of telephone calls will not help you one bit, and anything useful will be denied by the enemy.

 

Cheers,

BRW

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Isn't that typical? They say they'll ring at 6.30 when my husband is home and then they don't!

 

I think he will speak to them or write to them because we don't want to miss the loan payment and the funds are now in our account (well, in our overdraft!) to pay it, so could avoid the problems missing the payment would bring.

 

We just presumed they would represent automatically - I'm sure when this has happened in the past they have represented about a week later and there was no note on our credit rating.

 

We have arranged to open a simple bank account with the co-op with online banking. The mortgage people said that they can't add the extra money onto the mortgage in a longer term if we take a mortgage holiday, it would have to be an increased payment, it would increase by £14. Apparently we could then apply to add time on after the mortgage holiday, but of course they won't guarantee that any of this will be ok'd until they actually process it.

 

Lol re. enemy v. enema!

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Today I have finished the budget sheet and found out that after outgoings (including mortgage, council tax, utilities, food, petrol, HP, insurances., but not including loans, credit cards and catalogue payments) we have only £460 left.

 

The loan payments alone are £164.03 and £108.31. One of the credit cards is set up as direct debit and minimum payment is currently around £150. Another credit card is quite low monthly payment at approx. £25 and another has £4600 on it but don't know minimum payments yet as it is a new one and haven't had first statement through yet. Then there is a catalogue which is about £65 per month. The other catalogue is only £42 in total, so I'll pay that off when the mortgage holiday is arranged then don't have to worry about that one.

 

I have dug out the loan agreements for both personal loans and am about to write the CCA letter to them.

 

I also need to write to the credit card companies for credit agreements, right? I guess there is no point in writing to the new card just taken out as they've only just sent the credit agreement through.

 

I can't imagine how I am going to keep all these companies happy with that small amount of money but hoping you will help me when I get to that bit - I know I've seen an equation for working out how much they get in the CCCS stuff they emailed me actually, so will take a look at that.

 

Can I go ahead and cut up all my cards already? And do I ask them to close the accounts so they can't be used anymore at some point?

 

Does anyone know what happens if my husband's contract ends in October (it is currently renewed until then) and he has a spell without income? Up until now we have used the credit cards at that point to live off and pay bills, which is why we owe so much money. If we have no credit cards (and I don't want any, ever again!) what do we do? We have no savings so wouldn't be able to pay for anything and there is no one to lend us money. I guess he would get job seeker's allowance eventually after they have processed it, but that will only pay for food and possibly some petrol.

 

We have decided not to put the house up for sale, but to sit tight until this is all sorted, we may try and rent out our guest room to bring in a litle extra money though, as I believe you do not have to pay tax on that.

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Wilchill

 

£460 is actually quite a lot left over - and a lot more than many people have who are keeping the B*s turds at bay with token payments.

 

I would say your tactics should be to ensure all SECURED debts are covered and then ensure you have some spare cash being put away every month to cover unexpected bills, repairs etc. Then add up the total of UNSECURED debts and divide the monthly amount available pro rata fairly among them. Don't tell them your full I&E - just something along the lines of "My total unsecured debts are approx £10,000 of which the balance shown by you as outstanding on account no XXXXX is £1000. Based on calculations using the formula provided by CCCS I have £250.00 per month normally available to service my secured debts, provided all interest is frozen and no further charges are applied ot my accounts. On this basis I therefore offer to pay you £25.00 per month on the 1st day of each month. I shall of course contact you immediately if my circumstances change to agree a modified payment based on the changing circumstances"

 

They will interpret that as a higher figure if you get better off - but it leaves you open to give (not agree - impose) a lower figure if OH has to move on to job seekers.

 

Once you have the new lower payments in place for a few months then calculate if you are due any unfair charges refunded and check if the agreements are all enforceable - don't do until the interst and charge shave been frozen and an affordable monthly payment accepted by them.

 

Write to them (don't speak by phone) asking them to refund the charges and associated contractual interest (see other threads on this topic). They won't refund you - but you can tell them the new balance is now, say, £200 after deducting £800 of charges and interest - so your reviseddpayment to them will be £5 per month. They'll scream and shout but won't return the £5 if you pay it. It's important you stop direct debit arrangements to ensurte they CAN't hoover out more -a nd pay buy BACS electonically if you can so you can ensure your payiong with cleared funds and your payments don#t bounce. I have found it useful to pay by BACS, and sometimes pay a few days ealry and then that give syou leeway to pay a few days late when you need to. I also send them "friendly" e-mails to say I have paid and to please e-mail back to confirm they ahvbe got the money - that either puts them to more trouble and expense (paying someone's time) or they don't - which puts you on the moral high ground as you keep in touch but they don't.

 

Now, if you've been salting away a few (hundred) pounds every month then after a few months you can offer a short settlement on the lowest balance (or most difficult OC orDCA) - try for 10 -15% of the balance - but be prepared to offer up to 30-40% to get them out of your hair - assuming they do have an enforceable agreement. If you find the agreement is not enforceable, not sent (breaching CCA S 78) or they have issued dodgy DN's (See Pinky69's thread on this too) then stop paying and put the accounts into dispute or claim Unlawful Rescission as appropriate. Put the money you are saving from these stopped payments away in the emergency fund too.

 

It's a slow process but you can gradually climb out of the debt and get your life back on track without moving house or totally impoverishing yourself too much. Renting out a spare room is a great idea - you can get over £4000 a year tax free with this! This would give you a further £350 or so per month to put away to fund short settlements later - get the reduced amounts agreed before you do this and don't increase your payments to anyone (as the balances will all be interest free by then).

 

Your credit rating will get trashed as soon as you start on reduced payments - but most CAGGERs think this is a price worth paying.

 

Good luck!

 

BD

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I would say your tactics should be to ensure all SECURED debts are covered

 

Is a secured debt just something secured on the house like the mortgage? We have nothing else secured on the house.

 

and then ensure you have some spare cash being put away every month to cover unexpected bills, repairs etc. Then add up the total of UNSECURED debts

 

So including loans, HP, credit cards, catalogues?

 

and divide the monthly amount available pro rata fairly among them. Don't tell them your full I&E - juts something along the lines of "My total unsecured debts are approx £10,000 of which the balnced shown as outstanding to you is £1000. Based on calculations using the formula provided by CCCS I have £250.00 per month normally available ot service my secured debts, provided all interest is frozen and no further charges are applied ot my accounts. On this basis I therefore offer to pay you £25.00 per month on the 1st day of each month. I shall of course contact you immediately if my circumstances chnage to agree a modified payment based on the changing circumstances!

 

They will interpret that as a higher figure if you get better off - but it leaves you open to give (not agree - impose) a lower figure if OH has to move on to job seekers.

 

Great.

 

Once you have the new lower payments in place for a few months then calculate if you are due any unfair charges refunded and check if the agreements are all enforceable - don't do until the interst and charge shave been frozen and an affordable monthly payment accepted by them.

 

So should I write to them asking them to freeze interest and offering a lower payment first before requesting a copy of the credit agreement?

 

Write to them (don't speak by phone) asking them to refund the charges and associated contractual interest (see other threads on this topic). They won't refund you - but you can tell them the new balance is now, say, £200 after deducting £800 of charges and interest - so your reviseddpayment to them will be £5 per month. They'll scream and shout but won't return the £5 if you pay it. It's important you stop direct debit arrangements to ensurte they CAN't hoover out more

 

Yes I will stop the direct debits as soon as I have the new account in place to set up the standing orders.

 

-and pay buy BACS electonically if you can so you can ensure your payiong with cleared funds and your payments don#t bounce. I have found it useful to pay by BACS, and sometimes pay a few days ealry and then that give syou leeway to pay a few days late when you need to. I also send them "friendly" e-mails to say I have paid and to please e-mail back to confirm they ahvbe got the money - that either puts them to more trouble and expense (paying someone's time) or they don't - which puts you on the moral high ground as you keep in touch but they don't.

 

Now, if you've been salting away a few (hundred) pounds every month

 

So you think make a really low payment to start with and save as much as possible in order to build up enough to offer a settlement figure?

 

then after a few months you can offer a short settlement on the lowest balance (or most difficult OC orDCA) - try for 10 -15% of the balance - but be prepared to offer up to 30-40% to get them out of your hair - assuming they do have an enforceable agreement. If you find the agreement is not enforceable, not sent (breaching CCA S 78) or they have issued dodgy DN's (See Pinky69's thread on this too) then stop paying and put the accounts into dispute or claim Unlawful Rescission as appropriate. Put the money you are saving from these stopped payments away in the emergency fund too.

 

It's a slow process but you can gradually climb out of the debt and get your life back on track without moving house or totally impoverishing yourself too much.

 

Your credit rating will get trashed as soon as you start on reduced payments - but most CAGGERs think this is a price worth paying.

 

Good luck!

 

BD

 

I don't care about my credit rating at the moment as I never want to borrow again - until we decide to move house, but we have agreed we'd rather stay here and pay off the debt first.

 

Thank you.

 

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Can I just do a quick recap of all advice given as I am getting confused?

 

I am opening a new simple account and will set up standing orders for all payments from that.

 

In the meantime, do I immediately stop all payments including personal loans (both unsecured personal loans), credit card minimum payments, HP (for car, furniture, TV and DVD) and catalogue?

 

Or do I keep paying them until I have reached an agreement re. lower payments and freezing interest?

 

Then I write to all of them (including credit cards, HP, catalogue?) to request CCA. After that I calculate how much each should get using the CCCS calculation and then write to them, asking them to freeze interest and offering them a low payment?

 

Thanks - I've been reading through all the above but am getting confused by conflicting advice!

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Wilchil

 

I think you've interpreted my info correctly. Secured - means secured on your home - it can sometimes include your overdraft (sneaky of them but legal) if with the same bank as your mortgage - but won't include anything else unlerss you've signed a security deed for anything else.

 

Re Cahoot or Santander - doesn't really matter as the "wrong" one will ask the "right" one to send the CCA - but you might give them more work and get more time for "account in dispute" - i.e salting away the witheld payments if the wrong one can't find it.

 

BD

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Regarding stopping any payments until you get new payments agreed, it doesn't really matter - as long as you accept your credit rating will be trashed - which you now do - as sson as you miss monthly payments.

 

Some OC's and DCA's will only agree new lower affordable amounts once you have stopped payments. Also if you do continue to pay them a higher amount then why should they believe you can't afford this any longer? They will probably ask for an I&E - which you should resist as they have no legal entitlement to it.

 

One school of thought is to stop payments and get them to send a DN - which you hope will be dodgy - then do an UR and take that debt off your list for ever! This is worth doing but they tend to be getting better with their DN's now that they read CAG and get the benefit of our superior knowldge and intellect!

 

Yours ever so humbly

 

BD

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DN = Default Notice. UR = Unlawful Rescission. Neither relevant unless/until you get DN's - then read Pinky69's Invalid Default Notices thread - especially posts by Pinky, Diddydicky and Vint.

 

DN's can be good if invalid as you can then write off the whole debt - if you follow the advice given carefully.

 

BD

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It's too much for me today :(

 

My head is spinning, I don't have the time to sit and read through all these threads, find all the papers, write the letters, calculate how much .... and and and ...

 

It was much easier to stick our heads in the sand!

 

I'm going to spend some time with my daughter now !

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