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

[Bigdebtor]

My genius never fails to amaze me! My wife says I'm my greatest fan!

 

BD

[wilchil64]

Would be grateful for some further advice. We had a letter on Saturday from Sainsburys Bank, saying one of their reps. will be calling at our home on 7th October, please telephone if not convenient.

 

What do you suggest? If we write, it may not be read by the right people in time to stop them coming. Are they allowed to come to our house? Would it make sense to ring and say it's not convenient and then follow up with a letter, pointing out rules and guidelines etc.?

 

Thanks.

[sillygirl1]

Their rep may be 'phoning' you on that day, rather than making a personal visit.

 

Doorstep callers have NO legal powers and cannot make an inventory of your goods for pre-legal purposes as some DCAs like to claim. You can quite safely send them packing and should the company concerned CHARGE you for the visit a complaint directly to Trading Standards AND the OFT is in order.

 

There is a letter in the templates you can send them telling them you don't want visits, and you can print a copy of the letter for the 'agent' should one appear.

[wilchil64]

Thanks. I'm not going to "be in" if they call at the house anyway.

 

The actual wording is "Our representative will be calling your home on: 7th October 2010". I didn't even consider it might mean a phone call ...

 

I'll look for the letter in the templates now but am worried it won't reach the correct department in time. My husband is set to call them today to tell them we will only correspond in writing, just wanted to check here that we don't say the wrong thing!

 

---

 

I've searched for the template but can't find it. Any suggestions what to include in a letter to them?

 

Thanks.

Edited October 4, 2010 by wilchil64
Added re template

[wilchil64]

Another question: Are we more likely to get somewhere with lower payments if we go through CCCS or national Debtline etc. I feel we're not getting anywhere with offering lower payments as only 2 have accepted and am struggling with the stress of all the letters, arriving almost daily - I should be concentrating on my family but spend most of my time writing to these stupid companies. I can't keep writing to them daily, getting nowhere - and I'm not convinced they'll ever accept F&Fs either, as they are generally not being helpful at all, don't seem to read our letters or respond to them, just keep repeating that they want our I&E details or they can't help us and can we ring them? I don't want to go to court and don't want them knocking on my door. I just want some peace of mind and to get on with my life. I know we got ourselves in this mess and we are trying to sort it but they don't seem interested at all.

 

On top of everything my husband's pay has decreased a bit and I have less work each month also. In the meantime, everything just gets more and more expensive.

 

What will happen - worst case scenario - if we only write to them once a month, replying to all their letters in one letter from us and enclosing a monthly payment as calculated by us to be what we can afford.

[wilchil64]

Another quick question: If a credit card was taken out 6 years ago but you keep using it, is the debt 6 years old or only if you haven't used it for 6 years?

 

Thanks.

[Bigdebtor]

W

 

I thought you had contacted CCCS already? If not, then do so and let them work out your I&E and then tell each creditor your paymentb of £xx is based on CCCS advice. It should carry a bit more clout than just your own workings - but make sure you hold back money for unexpected repairs and annual cost slike house and car insurance, road tax etc. as well as regular monthly costs.

 

Up to you re the doorstep visit - but as said above there is a "no doorstep visits" template you can send if you donb't want it.

 

I know these things are stressful - but eventually they usually accept low monthly payments and offer F&F's - but you need to persevere to get these down to a level you're happy with.

 

BD

[wilchil64]

Sorry, I wasn't very clear, was I? I did contact CCCS in June and completed a budget sheet online with them to work out how much to pay each creditor. What I meant above was is it likely that my creditors will accept a DMP coming directly from CCCS, rather than from me? i.e. if I let CCCS handle it and just pay a monthly sum to CCCS so that they send the payments and letters to the creditors?

 

I'll get the doorstep visit template sent off to them.

 

Thanks again.

[Bigdebtor]

W

 

Yes - it's worth a try to get CCCS to get a DMP set up - provided they don't charge anything for this service- provided the agreement can be changed if you find you need to hold back more in future if you need to do so - and provided you ENSURE you ONLY allow them to pay what you CAN afford. Remember you ARE allowed some LUXURIES - and UNEXPECTED bills do arise for car and house repairs etc.

 

BD

[wilchil64]

Thanks BD.

 

I wrote to Sainsos on Tues so waiting to see if they turn up today anyway!

[Bigdebtor]

Keep the kettle boiling just in case - but not for tea!

 

BD

[Bigdebtor]

Another quick question: If a credit card was taken out 6 years ago but you keep using it, is the debt 6 years old or only if you haven't used it for 6 years?

 

Thanks.

 

Hadn't noticed this question before - sorry. I believe the 6 years Limitation (after which debt is SB) is to do with when you last made any PAYMENT - or acknowledged the debt in writing - not when you first took on the debt - but not sure about how any subsequent usage of the card after stopping payments (if they actually allowed this) affects when the 6 year clock starts to tick.

 

Anyone else know?

 

BD

[wilchil64]

Thanks BD. I did keep up payments on the card until June this year so wouldn't apply to us anyway.

[heckmondwike06]

Hi

 

Selling house isn't a decision you should take lightly. I would encourage you to continue your fight and win - as it sounds like you're doing everything right.

 

all the best and let us know about your successes

[wilchil64]

Thanks Heckmondwike. We'll keep fighting.

 

Got a load of letters to plough through tonight from this week, started with a letter to M&S last night, more tonight! What a way to spend a weekend!

[heckmondwike06]

keep going - it will be so worth it.

[wilchil64]

I have a quick question:

 

What is the difference between a Default Notice and a "Notice of default sum"?

 

I take the latter to mean they are just informing us that we didn't make the minimum payment last month, is that correct

 

In that case, I can just ignore them, can't I? I will of course still send the lower pro rate payments each month.

 

We've just replied to a couple of letters from creditors, pointing out that we don't want to call them as we need any agreements in writing. Nothing exciting apart from a Notice of default sum from Sainsos.

 

Thanks for your help. Have a good weekend.

[Undercover-Elsa]

Hi Wilchil,

Yep the Notice of Default Sums is for information purposes only and doesn't need a response. They have to issue them by law (if they don't they can't enforce the debt)

 

Elsa x

[wilchil64]

Thanks Elsa. I'll ignore them!

[Bigdebtor]

Thanks Heckmondwike. We'll keep fighting.

 

Got a load of letters to plough through tonight from this week, started with a letter to M&S last night, more tonight! What a way to spend a weekend!

 

W

 

Try to play them at their own game - with as near a standard computer generated letter as you can sent to each creditor - with minimum editing only as required. Once you have them taking the payment and not complaining the same letter can be sent to them all - or none at all if you pay them by BACS (as you should whereever possible)

 

BD

[wilchil64]

Thanks BD. I copied and pasted the main bits about not talking on the phone, deem them to have accepted proposals by cashing cheques etc. I've now set up a more or less standard letter with the important bits in it so I can delete the bits not needed and reply to their letters with the minimum fuss.

[Bigdebtor]

Ideal! This should save you a lot of time and hassle every month!

 

BD

[wilchil64]

I'll still come back and ask when we get DNs etc tho if that's ok so we don't miss anything important.

[Bigdebtor]

Definitely!

 

BD

[wilchil64]

I've got a pile of letters from this week to wade through tomorrow evening but this one arived today and I thought I'd better scan it in to see how you advise replying to it.

 

This is from Sainsos "the grocer".

 

To recap, we have been offering a payment of approx. a quarter of the original contractual payment since July, they have been cashing cheques and not accepting our proposals, and they are the ones who said they would call our home, which we took to mean a doorstep visit (they didn't come). Our last letter to them, which they are replying to here, said

 

- we'll only communicate in writing

- won't accept doorstep visit and that we are aware of the law and will call the police if they do.

 

Letter prior to that said

 

- we don't understand why they say we aren't contacting them, listing the dates of our letters and cheques, all of which they have cashed.

- we won't discuss by phone

- cannot afford payments previusly made but will continue to make payment of £xx (lower amount). They are only to bank if accepting my proposals to suspend charges and interest.

- won't send more cheques unless they confirm they will not issue DN.

- that they are contravening OFT guidelines re. how they treat those in financial difficulties

- a paragraph saying if they bank the cheque they are deemed to accept our terms and the amount will be deemed to be the new contractual monthly payment (as BD advised above).

 

My thoughts are:

 

I am loathe to stop payments to them as then surely the court won't be happy with us anymore if we do get taken to court? Isn't it better to keep paying the lower amounts? If this is the case, should we ignore their letter and carry on with nice letters with a cheque once a month, or better to reply.

 

How ridiculous! They say they are a telephone based collections centre and can't correspond in writing!!! Idiots!

 

Also, I'm happy to put something in our letter again, saying, thanks for advising we contact Payplan or CCCS, I'm sure you'll be happy to know we have contacted CCCS and are acting on their advice by sending you this payment, etc etc.

 

Would be grateful for advice.

 

Thanks everyone.

sainsburys rcvd b 141010.PDF

sainsburys rcvd 141010.PDF