Help needed as im struggling with everything

[jonjokes12]

Hi,

 

I have read and read through these forums, and some people seem to be brilliant at helping out others, so im hoping that you will be helpful with me.

I have searched the forums, and the rest of the internet but i just cant make heads or tails of things as i have so much going on in my life. Im not looking for pity or sympathy, just the help of someone to point me in the right direction.

 

What happened was a few years of going off the rails, and not being on top of things and now i have a few loans / credit cards catching me up.

 

Currently i have received a letter from howard and cohen regarding a welcome finance loan of £2500 taken out in january 2008. They are requesting i make payment of £5780 immediately or they will take me to court and either get it listed against my property or directly out of my wages.

 

Should i try and negotiate with them, or pay up, or go to court etc?

 

I also have a similar one with black horse finance but for £1500, but thankfully they are only asking for £1400 as i have made some payments. Should i try and work out a plan with them?

 

 

I have a pregnant girlfriend right now, with our first child and i really dont want to bring my baby up with the fear of having the door bell go that the two of us currently do.

 

I appreciate any help that anyone can give me.

 

Thanks

[dx100uk]

well if you've read up you know then that DCA's have no legal powers so even if they do doorstep you

you know whatto do .....call the police

 

you are under NO LEGAL obligation to converse with them on phone or at the door.

 

they are DCA's and have NO LEGAL POWERS

 

now.

 

welcome.

 

your agreement is prob pants and i bet you've got ppi/gap/etc etc

 

start a thread in the welcome forum.

 

as for blackhorse

 

same game really, rip-off merchants.

 

please dont pay attention to the threat-o-grams and stay off the phone too.

 

what about unlawful charges & ppi reclaims

 

bet you got lots you can pullback

 

dx

[harrassed senior]

Firstly I would advise caution with Cohen and Co. They will push a CCJ through at an old address if they can.

 

However, they have to first get the CCJ and you have to default on the payments ordered before further action on enforcement can be taken.

 

I would not advise speaking on the telephone, everything in writing to creat a 'paper trail'.

 

Follow the advice as above and we will offer assistance along the way.

[Mr Worried]

Hi jon

 

I bet you had a sigh of relief when you pressed the enter button on your keybord with ya ' shaken finger' at 13.21 pm today.

 

Cos believe me it will prove to be the best thing you have done for a long time. as you have been advised, get your threads started and the help will arrive forthwith.

 

I remember my first thread, frightning eh! but not for long.

 

Good luck,

 

Mr W

[diamondgirl]

Sit yourself down and do an I&E

 

List your priorty debts first such as mortgage/rent, water, gas electric, insurances, food, clothing etc., out. Look at your incomes, deduct from one another whats left is what you may have available to pay the creditors.

 

Do CCAs to all the credit card companys and any loans you may have. 1 pound (pound sign not working ) PO to each of the creditors along with the cca letter, typed name not signed. They then have 12 + 2 days to respond otherwise the "account in dispute letter" off to them. Make sure all your letters state COMMUNICATION IN WRITING ONLY. Send letters recorded delivery at the very least, keep a copy of any letters you send to them and any that are received.

 

DG

[PGH7447]

So a £2000+ loan from 2008 is now £5000+

 

send cohen a prove it letter and also ask him if he has a credit licence, he is a "solicitor" not a dca, add in the letter that until he can prove he is working for welscum or whoever he can take a running jump, in the meantime send welscum a sar for the loan agreement and all statements, see if you had ppi which you can claim back plus any and all charges they have applied

 

sar cost £10 they have 40 days to reply, send recorded , also infom cohen that you are waiting for a sar to be complied with and until such time the account he can swivel

[jonjokes12]

Thank you very much for the responses, i did have a private message that mentioned going bankrupt but really would prefer to avoid that route if at all possible.

 

I think what cohen are requesting is the full fee including all the interest that would have been due on the account had it been paid in full from day one to closure of the account.

 

I will send off cca letters tomorrow, but am i right in thinking that these should go to the company that i owe the money to, and not the solicitors / dca's?

 

Im pretty sure i didnt opt for any insurance as im in a fairly secure job (if there is such a thing these days).

 

If they dont come back with the original CCA's does that really mean its the end, or could they at any point in the future provide these items and make the debt enforceable again?

 

Thanks you, im sure you all know this but having friendly correspondance regarding debts is such a weight off my shoulders, i really do appreciate it

[harrassed senior]

The CCA will go to who ever is chasing the debt now.

 

When you receive their response, then remove all personal information and scan and post them on here for the 'experts' to give their opinions.

 

If it is deemed they are unenforceable then as you surmise, they cannot enforce the debt through a court.

 

In theory that should be the end of it, but in reality they will still chase and sell on etc.

[Mr Worried]

Thank you very much for the responses, i did have a private message that mentioned going bankrupt but really would prefer to avoid that route if at all possible.

 

I think what cohen are requesting is the full fee including all the interest that would have been due on the account had it been paid in full from day one to closure of the account.

 

I will send off cca letters tomorrow, but am i right in thinking that these should go to the company that i owe the money to, and not the solicitors / dca's?

 

Im pretty sure i didnt opt for any insurance as im in a fairly secure job (if there is such a thing these days).

 

If they dont come back with the original CCA's does that really mean its the end, or could they at any point in the future provide these items and make the debt enforceable again?

 

Thanks you, im sure you all know this but having friendly correspondance regarding debts is such a weight off my shoulders, i really do appreciate it

 

Jon

 

A Private Message telling you to go bankrupt??? on what basis? surely not your first post?

 

Mr W

[jonjokes12]

Hi,

 

The CCA's will all be sent out tomorrow, so i will let you know how this goes on.

 

And the bankrupcy message was a little unclear.

What was said was that if my home was mortgaged then i shouldnt consider bankrupcy, but that if it wasnt it may be an option. I dont mind paying back what i owe, i would prefer not to as i think these companies are absolute vultures, but i do realise that there is money owed by me which i spent at some time.

 

Does anyone know what type of percentage the likes of welcome and blackwhores actually hold and keep the cca's?

[Mr Worried]

Hi,

 

The CCA's will all be sent out tomorrow, so i will let you know how this goes on.

 

And the bankrupcy message was a little unclear.

What was said was that if my home was mortgaged then i shouldnt consider bankrupcy, but that if it wasnt it may be an option. I dont mind paying back what i owe, i would prefer not to as i think these companies are absolute vultures, but i do realise that there is money owed by me which i spent at some time.

 

Does anyone know what type of percentage the likes of welcome and blackwhores actually hold and keep the cca's?

 

Can you explain the above ( red ) please.

 

Hi jon

 

I M O It should never have been mentioned, given this was your first post. cant understand why you would be told this may be an ' option '.

 

Take the advice you have been given. ( not the P M )

 

Mr W

Edited July 20, 2010 by Mr Worried
TYPO

[dx100uk]

please do not tell these leeches anything esp by sending I/E sheets

none of their business.

 

by very wary of PM's

 

pers i'd report the member if thats what was intimated.

 

i'd start a new thread in the welcome forum for that one when you get the CCA back .

 

sit tight

 

dx

[jonjokes12]

having re read my post i can see it doesnt make much sense. What i meant was, how often to these particular companies have the cca's requested, i.e is there a rough percentage. 50% of the time they have the cca....

 

Or is it just a case of hit and miss?

 

And i do believe the person who sent the private message was being genuinely helpful, although they did mention that a lot of people on here dont agree with bankrupcy, but they would seriously think about it

[diamondgirl]

Don't know the percentage but my Blackhorse was taken out in 2004 as is enforceable.

 

DG

[jonjokes12]

like ive said i really dont mind if they are enforceable, i knew i would owe the money when i took the loans out, but asking over double the amount i borrowed seems very steep.

 

Will send out the CCA's tomorrow and keep fingers crossed that i get some good news.

[diamondgirl]

There will be plenty of charges added to it which obviously can be looked into claiming back, you need to check to see if you actually had ppi on the loan as it is known for it to be added without people realising.

 

DG

[Mr Worried]

having re read my post i can see it doesnt make much sense. What i meant was, how often to these particular companies have the cca's requested, i.e is there a rough percentage. 50% of the time they have the cca....

 

Or is it just a case of hit and miss?

 

And i do believe the person who sent the private message was being genuinely helpful, although they did mention that a lot of people on here dont agree with bankrupcy, but they would seriously think about it

 

 

The above is really bugging me now, as dx says if this was their advice then I politeley ignore.

 

They would seriously think about it ???? What BR for 5k? NONSENSICLE.

 

Mr W

[jonjokes12]

all in all my debts would amount to around £5800 without any interest or charges etc, in my eyes what i actually owe. But if i were to count what the companies are actually asking for we are probably looking at closer to £10k. I would imagine after all outgoings i have in the region of £125 to £130 that could be used as payment money.

 

I dont want to go BR as in a few years i would like to be looking at a bigger house for me and my family and i know that going bank rupt will kiss goodbye any chances of a mortgage for some time.

[jonjokes12]

and since im brand new on here and appreciating everyone and anyones input i really dont hope i come across as bad mouthing anyones advice. Im happy to take verything on board, and the messages i received were from a long standing member with a high post count. I dont want to tread on any toes or upset anyone

[middenmess]

Hi Jon

 

You've got some very good caggers posting on your thread.

 

The advice may seem a little overwhelming but by reading around the forum on threads that are similar to yours, you will soon begin to understand it all.

 

If you're unsure or confused by anything then just say so and you'll soon receive the explanation that will make it all clearer.

[Mr Worried]

and since im brand new on here and appreciating everyone and anyones input i really dont hope i come across as bad mouthing anyones advice. Im happy to take verything on board, and the messages i received were from a long standing member with a high post count. I dont want to tread on any toes or upset anyone

 

Jon

 

Yr not bad mouthing anyone, however get the BR out of your head, as Middlemiss says, your being looked after, as I was, and we all were at one time, chill m8, it gets better, quickly.

 

Mr W

[jonjokes12]

im a member of a quite a few forums, cars, audio and hifi etc... and i can honestly say i have never in my life come across a more friendly and welcoming group of people. Normally when a newbie arrives on a forum they are just flamed down constantly and told all the answers are there if you search for them. Whereas those who have replied to this thread have probably said these things many times before, but are still more than willing to help someone in need.

 

Big thumbs up from me and my girlfriend

[Halibutt]

Welcome from me too Jon.

 

Something I was always told about bankruptcy is that it should always be a very last resort.

 

If you file for B/R then I believe that a court may order any assets to be sold off to satisfy any creditors. One of my friends filed for B/R ages ago and I think it was six years before anyone would consider giving him credit of any kind - from an overdraft to a mortgage...

 

I'd say take the advice from the experienced people here, try not to worry too much. You've taken the first steps in sorting things out and the chances are that you'll be feeling much better about your situation in just a matter of days.

 

Best of luck with everything mate and congratulations on your impending new arrival!

[jonjokes12]

out of interest, should they come back with the CCA can they request / enforce me having to pay the full £5k+ immediately, or could i offer some form of payment plan...

 

Second to this would it be better if im going to have to make payment plans to go with someone like payplan etc?

 

Thanks in advance

[middenmess]

out of interest, should they come back with the CCA can they request / enforce me having to pay the full £5k+ immediately, or could i offer some form of payment plan...

 

Second to this would it be better if im going to have to make payment plans to go with someone like payplan etc?

 

Thanks in advance

 

Take it one step at a time-wait the 12 + 2 days until they send you a copy of your agreement then post it up here for caggers to inspect.

 

There will be plenty of advice forthcoming I expect about Welcome's paperwork.