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

[papasmurf1cx]

You have come a long way since that first post..... reread it and I would be interested in how you feel today?

[Bigdebtor]

Wilchil

 

That's good. It might be worth letting MBNA know you know their card's marked. I would say it's time to use the cheque in the sealed inner envelope with them as I suggested earlier and to say something along lines of

 

"You will be aware of the heavy critisism levelled at your own organisation by Judge Nicholas Chambers QC in Court in Mold last week and I trust it will not be necessary for me to escalate matters in order to ensure your organisation treats me fairly whilst we remain in in financial hardship. In marked contrast to the behaviour of other creditors you have repeatedly banked my cheques whilst ignoring the accompanying conditions which have been clearly laid out and visible. I am giving you onme last opportunity in case this has been an oversight on your part. I have therefore deliberately modified my packaging arrangments in order that you cannot be left in any way unaware of these conditions and you should NOT open this envelope and bank the enclosed cheque unless you DO intend to honour your side of the bargain and comply with the conditions of my proposal and remove all interest and charges imposed sinc eyour acceptance of my fisrt cheque number XXXX on or around XX Month 2010.

 

I have photocopied the entire contents of this communication and have an independent witness who testify to the contents and the nature of their packaging."

 

That should at least get their attention this time !

 

Glad to hear its 5-2 to you at present - soon it will be 7 - 0!

 

BD

[victoria_siempre]

Hi wilchil

 

good to hear from you.

 

Santander accepted my token for 6 months and MBNA have one one account but won't reply to the other; there's no rhyme nor reason to any of it.

 

I now receive totally bizarre letters from DCAs; one finishes with, " The conclusion of this matter now rest (sic) in your hands."

 

keep fighting.

 

x

 

v

[Bigdebtor]

I agree with Vic. There is no real pattern in how any of them act.

 

You might want to put in your next letter to both MBNA and Santander something like "I know you have agreed to similar token payments with other creditors in similar circumstances and do not understand why you will not agre eto do so in my case" just before the "you will be aware...." in my last suggestion.

 

MBNA was the first of my creditors to freeze interest and accept token payments - admittedly then I had to pay 1% of the debt off every month (so it would have been repaid in just over 8 years - unlike one now where the £5 per month I'm paying will continue for 2000 months - i.e. over 133 years - or until I'm approaching 200 years old!). As I have said before I think MBNA didn't have any good paperwork to enforce - so were keen to settle PDQ! How I wish I had known of CAG then!

 

BD

[wilchil64]

Thanks guys (and gals!), I'll see what the post brings over the next week or so, as have just written to them, sending £1 token payment for this month.

 

Papasmurf, I feel a lot more positive at the moment, without all the phone calls, letters etc. and having had most payments accepted and interest and charges frozen. Admittedly I know we'll be paying off our debt for the rest of our lives as it stands at the mo, but we are no longer worrying about how to pay bills etc, as everything is now accounted for, we have budget sheets so we know what we will spend in the month and we have cut our spending wherever we can. All that thanks to Caggers! A huge thanks to everyone who has helped us so far.

[Bigdebtor]

Wilchil

 

Are you able to put anything by - so you can negotiate low (25% or less) F&F's anywhere in a few months' time? This is the best way to get rid of debts faster and cheaper if you can manage it in any way!

 

BD

[wilchil64]

BD, that's what we were trying to do with any spare money until hubbie was out of work in December/January. Pay is now trickling through so at the mo still trying to get back to normal and not sure how much we have to put away at present, but we will as soon as things return to normal. When we have some sums together, will come back here for advice on making F&Fs again.

[Bigdebtor]

OK - fair enough - hope things are getting better for you soon now hubby is working again - remember to look after him properly - no kipping on the kitchen sofa and burning his tea!

BD

[victoria_siempre]

Hi BD

 

Any woman who seeks equality with men is suffering from an inferiority complex.

 

love

 

vic

[Bigdebtor]

And ends up getting her car and life insurance premiums jacked up!

 

BD

 

PS - As a woman you'll be able to work out if I'm laughing with - or at!

[victoria_siempre]

Hi BD

 

Notwithstanding that I am pleased that you appear to imply that women are actuarially safer drivers than men, I take you to mean, "

“The doctrine of equality! There exists no more poisonous poison: for it seems to be preached by justice itself, while it is the end of justice.”

 

 

xxx:wink:

 

v

 

v

[wilchil64]

Just a quick update and a question:

 

5 out of 7 of our creditors have accepted token £1 payments. The remaining ones are S antander loan and M BNA. I'm posting out cheques tonight. MBNA are still requesting I&Es from us, which they have had, so think they will just get a copy of them and a letter saying "you appear to have misfiled I&Es already supplies, here's a copy you numties!".

 

My question: Sainsos have sent us a cheque for £250 to make up for their awful behaviour. Should we cash it? The letter that came with it doesn't ask us to sign anything, in fact doesn't even say why they are sending a cheque. Could they at some point turn round and say that as we accepted their £250 compensation they now are entitled to every penny of the loan paid back immediately and we may no longer complain if we aren't happy with how they treat us?

 

Thanks guys (and gals)!

[Bigdebtor]

W

 

If they've NEVER imposed any conditions up until now then I don't see how they can retrospectively impose them regarding this cheque.

 

However if you want to play safe you can write to them acknowledging receipt of their cheque number XXXX which you deem to be compensation for the poor treatement you received between XX and XX (dates). (This means any further bad treatment is not "pre-paid). Stress they MUST reply by return if this cheque was intended to be some other payment or had any conditions attached which they have inadvertently omitted to include. Tell them unless you hear anything to the contrary by DATE (max 2 weeks) then you will bank the cheque without entering into any further communication.

 

Alternatively you could ignore them as they have ignored you - and bank it without accepting any conditions or giving any acknowledgement.

 

Glad to see (most) of the others have now been brought to heel!

 

BD

[wilchil64]

Thanks BD. Would rather ignore them tbh and just bank it as they haven't asked us to sign anything regarding what it's for.

 

Yes, am v happy that most have accepted token payments, although some only for 3 months so up next month I guess. Will see what happens then.

[victoria_siempre]

Hi wilchil

 

You've done really well; nobody's sent me a cheque.

 

My probation period is 6 months; we can compare notes

 

x

 

v

[wilchil64]

Yeah, we didn't ask for one, just kept replying to their letters, saying "Ah but you're requesting info we've already given you" and kept getting letters saying they were dealing with our complaint, then suddenly they offered us a cheque!

[Bigdebtor]

I've found most just keep taking the token payments - even after the "probation period". If any do want to "review" the trick is to tell them your circumstances have worsened - so you need to get them to accept less. They may well agree to this too - if you can show you were either over optimistic in what you thought you could pay or you are genuinely worse off in real terms. They will then NEVER come back again to "review"!

 

I got Egg down from £75 to £5 per month and Barclaycard (via CSL) down form £100 to £5 - both over a period of about 2 years - and both were suppose to be "temporary" arrangements when first agreed in 2007. I think both realise (by looking at my credit file) that I'm not scared to STOP paying ANYTHING at all if they push it. I might be paying £5 when the debt is unenforceable but on balance, at present, it's worth it for peace of mind.

 

I plan to have 2 HUGE parties the first in around 2075 when Egg is paid off and the next around 2200 (yes!) when they're both fully paid off.

 

You're all invited - zimmer parking will be available.

 

BD

[wilchil64]

I've found most just keep taking the token payments - even after the "probation period". If any do want to "review" the trick is to tell them your circumstances have worsened - so you need to get them to accept less. They may well agree to this too - if you can show you were either over optimistic in what you thought you could pay or you are genuinely worse off in real terms. They will then NEVER come back again to "review"!

 

Hi BD,

I thought that too, but the only ones who had agreed to accept a lower payment before with a three month limit did come back to review it after 3 months, starting all over again with I&Es and lengthy discussions!

 

Anyway, I can't go lower than the £1 a month I'm paying and in the meantime DH is working again, should I be providing them with new figures and offering more? I'd rather put the money to one side and maybe pay them off bit by bit, although it's not looking good at the moment, as we're going through a spate of car tax, MOT, car service, DD's birthday etc.! My DD is growing like made (9 years old) and needs new clothes and shoes again. Madness. We're coping but I'm not putting as much aside as I'd like. Really struggling to cut my food bill lower. Also I really notice it every time we do have a family outing, even though I try to take sandwiches and a flask of coffee with us so we don't go into the cafe, the entrance fees still add up. I don't feel I can stay cooped up at home any longer though, it's driving me mad. We haven't been going out at all and I'm going stir crazy!!!

[Bigdebtor]

W

 

I think you're doing just fine! DON'T own up to ANY better circumstances - hubby's new job etc. If you're quizzed again then just send the same I&E as got you the low payments before. After a couple of tries they'll just lie back and keep taking the £1. It's not worth their time to try for more if they see it's not going to happen.

 

If they DO get heavy then go down the CCA, SAR, CCUPTR 2008 route etc. That way you'll flush out exactly what debts ARE enforecable - but peace of mind for £1 a month is probably worth it!

 

I know you're probably buying as wisely as you can and I wouldn't beat yourself up about not putting more away - if you can keep up the £1 a month deals you won't need it too soon anyway for F&F's.

 

Cutting too far back on food and treats (days out etc.) just makes you too miserable and isn't worth it. My wife has become expert at things like Morrison's BOGOF deals - and when cooking casseroles, curries etc. she makes 2-3 times as much as we need and freezes the rest - much cheaper than "ready meals". We also find Asda's 3 bottles of plonk ( normally over £7 a bottle) for £10 is a good way of keeping up the "spirits" (near oblivion for a fiver each!!!).

 

BD

[victoria_siempre]

Hi BD

 

You might try Aldi cider.

 

Just got an unsolicited 25% discount offer from Egg bandit, then balance written off -FOR A LIMITED PERIOD.

 

x

 

v

[Bigdebtor]

Ignore it - 25% can be given by any junior DCA at the drop off a hat. I've found that such a discount is always be available if you wanted to take it.

 

IMHO only discounts worth up to 50% or more are worth considering. If you've got the funds you might want to counter with an offer to pay 25% F&F - but if you do so then ensure you stress the money is being made available from a family member (not your own funds) and is limited in amount to £x00.00 (a round sum which is around 25% of balance) and only available for payment in next 28 days. You might get something more worthwhile out of this - but it can often take several to and fro ing to get a good F&F agreed - as they'll want to be sure you're not bluffing and simply can't (or won't) raise enough to take up their "attractive" offer.

 

I can let you have a copy of the letter I've used (with varied success) in the past - but it's not that different from templates either on here or MSE.

 

BD

[victoria_siempre]

Hi BD

 

I don't have any money; so I've just emailed them re their further harassment.

 

x

 

v

[Tingy]

Vic,

I know this shouldn't really be on this thread, but what did you use for harassment in terms of legislation? Only ask as I came across a really interesting article on it earlier on.

[stone-broke]

Wilchil.........have read your thread from start to finish and with interest! Taken me hours, but great to see that with all the help and support you have had, you have done so well to date. I was a bit miffed at toymakers comments, but sadly there is always someone who oozes negativity!

Best wishes to you...... SB

[victoria_siempre]

Hi Tingy

 

Harassment: basically the OFT gudelines,

 

“You have telephoned me at work in a manner that appears to breach Office of Fair Trading and other regulatory bodies’ guidelines. I have verbally requested that you cease this breach; I reiterate that now. Your telephone calls have the effect of psychological harassment and act in a way that is likely to be publically embarrassing to me. Your telephone calls may jeopardise my continued employment and result in significant financial loss.”

 

The last bit is what matters because it is cause of action for my potential proceedings.

 

Throughout I hold OCs accountable for their DCA agents’ actions. I always ask the OC to confirm that DCA bandit is in fact acting on their behalf and confirm that the account has been assigned with the bandit itself using European Credit Directive. They all state wrongly that they do not have to provide Notice of Assignment which strengthens my complaint against OC. I repeat offer of affordable to OC quoting OFT gudelines and recent rulings. I then make payment to OC direct whether they want it or not. Every subsequent missive from DCA is then acknowledged by email as further breach of OFT guidelines thereby strengthening my case against OC.

 

This has worked so far and I have CPUTR to fall back on. I have missed a few bits out, but you get the drift. Everyone has to develop their own tactics; I personally follow yours and co-operate fully providing I&Es and I have been known to have lengthy conversations with DCAs along the lines of some of my more bizarre threads on here (this is not recommended) which appears to confuse them.

 

love

 

vic