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donna39

advise please !i wish i knew then what i know know

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We moved 4 years ago from the uk to France,we brought a small house, we had credit cards to renovate the property, when the time was right we put our Uk home on the market which would have paid eveything!! but the market crashed!!from 160,000. to 130,000.!!! We have 2 sell the Uk home at a cut price as we can't cope anymore,so i phoned payplan to sort my credit cards to a minimum payment untill the house goes through,but now after adding all the debts and the interests, i'm worried about paying all of them !! so far i know we can afford to pay the mortgage off and 1 loan to the bank, but as far as the ccds cards i will have 20,000. to share between them!!!! what makes me mad is how stupid have been as some of them the interests were ridicoulos!!!! (m**a= 118.00 x month 12.00 went off the capital the rest interest!!)

My major worry is if they wont agree to a payment with payplan can they make me sell this house to pay the debts? or send it through to debt collectors here??i got no mortgage on this house and i dont know if that's a pro or con for us,we live on a budget so we have no savings and if i sell this house i would not b able to buy another one!! any advise please

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Technically speaking because of reciprocal agreements between EU members a debt can be pursued cross border, however they would need to obtain a CCJ against you within 3 months of you leaving the UK or use the laws of the member state of which you are resident. A lot depends on the amount of debt owed & this should be looked at as separate debts not the whole amount because in most cases it's not financially viable for a creditor to pursue, particularly if they don't know your whereabouts or what assets you may have.

 

It would be prudent to send a CCA request to all your creditors where the debt is covered by CCA 1974 such as credit cards, loans or catalogues. Doing this will enable you to discover which debts are indeed legally enforceable. You would then be able to include the enforceable ones in your payplan & but the others on the 'back burner'.


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Hi

my highest ccd is 9,000.the lowest 2,000. they add up to 30,000.!!all 6 of them!!!then an overdaraft with my bank and they know i'm in france which worries me!!!! Payplan told me to change bank, redirect the payments for the mortgage and that they will freeze the rest it sounds to easy!!!

What if they come over here (The bank? can they get my address???) I dont owe nothing in france as i learned the hard way but i would be so ashamed if i lost the house!!

thanx for ur quick reply

i'm so stressed out as we got a young family

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Payplan told me to change bank, redirect the payments for the mortgage and that they will freeze the rest it sounds to easy!!!
That's correct, you should open an a/c with an unrelated banking group which will prevent them offsetting between a/cs... which means they won't be able to transfer monies from one a/c to pay another.

 

When you enter into the Paylan it is usual for creditors to freeze interest & charges.


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we did leave the uk and got the p85 to prove it,what's a CCA and what regulations are under 1974??did i do a mistake by going through payplan first??can they take my property off me as it's in our names ..and i'm thinking could i put it under my parents name or my maiden name would that make any difference?? which way to turn please!!! i'm not a con artist i only whish i could pay all of them off!!!

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did i do a mistake by going through payplan first??
No... they'll keep your creditors off your back.
can they take my property off me as it's in our names ..
Not unless they are joint debts... the most they can do is apply for a charging order which would make them a priority creditor if you ever sold the property.

 

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 working days from receipt, 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). 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 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.

 

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.

 

 

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)


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Thank u but sorry to ask x advise again but

do i recorded delivery from france,to which address do i ask them 2 forward it to?? should i open a po box over here or should i let them send it to the uk address as i have 2 go back 2 the uk in a couple of weeks??the credit cards and the house ( to which i owe my parents money for !!also) it is in joint names :( what if i change the house in my maiden name or my parents ??? would that keep them away??

thank you

Edited by donna39

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do i recorded delivery from france
Is there anyone in the UK who can do it as it would be cheaper... or you could do it when you come back to the UK.
the credit cards and the house it is in joint names
With credit cards it's the main a/c holder who is held responsible not the nominated second user.
should i open a po box over here
If they are not aware of your present address then a PO box could be useful
what if i change the house in my maiden name or my parents ???
If a creditor did a deep enough search it would reveal a recent change such as that and if it did go to court it could be seen as an attempt to avoid payment. I'm not saying that would happen, just pointing out pitfalls.

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Thanx Cerberusalert

Ok if i put the right details and print out the above letters,then when i'm in the uk i will put a 1£ postal order and send them recorded delivery,we only stopping x 4 days in the uk so i will have to get someone to forward them 2 me, 4 ccds cards r in my name and 2 in my husbands,the ccds cards do not know our address here but the bank know that we are somewhere in france,but they do have our bank details (money transfering between countries!) and we owe them 4,000. overdraft and 8,000. unsecured loan (to which i did not apply for but they gave it as a mortgage reserve account!!!and when i was struggling i took advance of!!)

Again if i sold this property (paid back my parents the money that i owe them) and private rent/or get my parents to buy a smaller house x us,would they see the transfers as they live in Spain

What really worries me is that payplan told me not to try to pay my banks overdraft or their credit card off and they got a branch in Paris too!!!!(when i went to my bank manager in the uk and told him i was struggling with all the debts he adviced against me against going to Citizen Advice bureau as my credit rating would go 2 nothing!!! but i thought it does anyway if u have default payments!!) my head is exploding !!!!

why i've got a watcher on my Post????? it's not a debt collector ???

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Ok if i put the right details and print out the above letters,then when i'm in the uk i will put a 1£ postal order and send them recorded delivery,we only stopping x 4 days in the uk so i will have to get someone to forward them
If you can open a PO box before you come to the UK you could use that address.
the bank know that we are somewhere in france,but they do have our bank details (money transfering between countries!)
They may know your a/c details but not your address & unless it's the same banking group will have difficulty finding it, although not impossible.
Again if i sold this property (paid back my parents the money that i owe them) and private rent/or get my parents to buy a smaller house x us,would they see the transfers as they live in Spain
The bank itself would be unlikely to research that deeply. What normally happens is that eventually they sell their 'toxic debts' on to a debt collection agency for a percentage of the face value... usually between 7 & 15% & then claim tax relief. It is then the DCA who start to dig into the debtors background and try to find what assets they have. Again it depends on the amount to how hard they work, they have to weigh the pros & cons as to whether it is viable to spend large amounts of money trying to trace foreign debtors.
What really worries me is that payplan told me not to try to pay my banks overdraft or their credit card off and they got a branch in Paris too!!!!
Do as they suggest, because they have a Paris branch does not give them access to your a/c unless it's with the same group.
i went to my bank manager in the uk and told him i was struggling with all the debts he adviced against me against going to Citizen Advice bureau as my credit rating would go 2 nothing!!!
That was extremely bad advice & untrue. UK debts only affect your UK credit rating.
but i thought it does anyway if u have default payments!!) my head is exploding !!!!
According to ICO guidelines a creditor is supposed to register any defaults on your UK credit file within a reasonable period of the a/c becoming delinquent i.e six months.
why i've got a watcher on my Post?????
Many people are directed to CAG pages via search engines when they key certain words.. it's quite normal and they will show as 'guests' unless they register.

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I'll try and explain the process a little, the creditor will chase a debt for a while using their own in-house collection team & after a period they'll pass it to an outside collector either by selling the debt or the outside collector working for a percentage. Eventually the debt will be sold but it will become part of a large portfolio containing thousands of a/cs & these are sold for a small percentage of their value. The DCAs will then concentrate on those a/cs it feels will be easier to collect, the more difficult ones will be handled by dedicated teams, farmed out to other DCAs or sold on again. This can take months & in my case six years by which time the debt had become Statute Barred.


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THank you for clearing things x me

With payplan how long before it will go to the collectors,sold on how long would it take????as i got my uk property x sale and hope 2 sell before Christmas???

Should I not worry about the overdrawght and credit card payments??? as i had to cancel all of them as payplan told to do and that the debt department will b ringing me on monday for the next step to take.

 

Do as they suggest, because they have a Paris branch does not give them access to your a/c unless it's with the same group.

 

I mean it's the same uk bank as mine Ba****ys (dont know if i'm allowed to say the name!!)

but they do not know my address as i got a french bank here,can they trace money if i sold the property and sent the capital to my parents??? now i'm clutching straws!!!!!tell me what 2 do please!!

Edited by donna39

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With payplan how long before it will go to the collectors,sold on how long would it take????
Some never pass it on when there is a Payplan in place... usually if they are sold on the DCA accepts the PP agreement although they may try to increase the payments.

 

The whole point of PP is to take the pressure off you, it is them that negotiates with your creditors & makes the individual payments... all you have to do is pay PP x amount per month.

Should I not worry about the overdrawght and credit card payments???
No... they can be dealt with if & when & by all accounts PP aren't including them in their figures which is good because when a payment plan is in place if you discover that one of the debts is unenforceable PP are loathed not to still pay them.
I mean it's the same uk bank as mine Ba****ys (dont know if i'm allowed to say the name!!)
As long as Barclays are not related to the bank you are using in France you should be o.k, if they are related you should change banks as soon as possible otherwise they will use their right to offset which means taking from one a/c to pay another.
can they trace money if i sold the property and sent the capital to my parents???
It's not impossible but is improbable.

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HI

No barclays is my uk bank here i got axa so thats good,

Sorry but just to make sure=

I open a PO box in france,then i print and send the letters with a 1£ postal order each,i'll wait x the reply within 2 weeks,scan them here and show u if they r legal,(if not i will inform PP and they will stop the payments) ok

then when uk sells PP told me they will ask the creditors x a final amount then the debt will b paid off for good at a discounted rate (maybe half to what i owe??) if i could clear the debt with my equity it would be perfect but these are the amounts that i owe

4,200/6,000/4,000/3,700/6,100/5,100/8,000. plus overdraft,four are in my name and i never worked full time they started as a couple of thousands then they increased the credit then i got in to this mess!!!as the CCDs (except barclays)dont know i have a property in france will they settle x a smaller amount???through PP?? or if i clear half of them and keep making the payments to the others every month so i would be debt free in 10y :) then i would not have to sell this house!

But if they wont agree 2 payments they will sort it through PP and not send debt collectors to france

Sorry for being all over the place with questions but i have not slept x 3 Days though worry!!!

Even if i'm in debt i will b making a donation!!!!!thanx x ur help

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I open a PO box in france,then i print and send the letters with a 1£ postal order each,i'll wait x the reply within 2 weeks,scan them here and show u if they r legal,(if not i will inform PP and they will stop the payments)
yes.
then when uk sells PP told me they will ask the creditors x a final amount then the debt will b paid off for good at a discounted rate (maybe half to what i owe??)
Sounds sensible.
4,200/6,000/4,000/3,700/6,100/5,100/8,000. plus overdraft,four are in my name and i never worked full time they started as a couple of thousands then they increased the credit then i got in to this mess!!!as the CCDs (except barclays)dont know i have a property in france will they settle x a smaller amount???
Depending whether they're enforceable will dictate your next actions, but if there are any unfair charges or PPI you can reclaim the monies thus reducing the debts.
But if they wont agree 2 payments they will sort it through PP and not send debt collectors to france
99% of the time creditors are willing to accept the PP without further issues.

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So i'll start today and open a PO box , and get the letters filled and printed

I will be back with the replies,to see if they are not legal

thanx again for ur help

keep up the good work

i will make a donation

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HI

thanx again x ur help

I 'm changing bank accounts so the mortgage will still get paid, i've sent off the letters with the postal orders, do i send them to the CCDs cards only ?? or the Barclays loans too????

Donna

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Send it to whoever is chasing you for payment now.


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PP still going through the creditors

But i have not heard from the CCds as the post has been forward from the UK so i will receive it this week!(not looking forward to it!!)??I have an address of a friend here in France that i can use would that should b better as i will b able to keep an eye on,and ?? And what are the chances for them to agree with PP for a payment plan???

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what i'm trying to say is that i will receave all the demanding letters from the uk ,PP plan know i'm in the France at a friends house;), but the ccds r still using my uk adress, will they go through pp plan to sort the payments out or should i phone them and give them my friends address,??? or would it b better x me if they do not know/or do know i 'm not in the uk??

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will they go through pp plan to sort the payments out or should i phone them and give them my friends address,???
If you have listed them with PP then they should have contacted them to arrange a payment plan.

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CerberusalertPP phoned me yesterday 2 say they was conctacting the ccds ,but 2day i had a phone call and asked me where my husband was i said at work and if i Donna to which i said yes as he was french and i was expecting the ccds to sell the debt to a uk agency!!! he thanked me and put the phone down!!! what do will it happen now?????? i'm paniking as i got this house on the market what to do????

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Just wait and see what happens next... with you being contacted twice within a day sounds as if there are two people dealing with this and the second one isn't aware of the first conversation yet.


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can they sell on a debt so quick?? a month of non paying them??? i do not know the french law and my french is basic!!! Can they put an order on my property ?? or should i take it off the market and put it under another name????? i feel sick with worry!!!thanx x responding so quickly

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They have probably just transferred it to their French branch rather than a DCA.

Can they put an order on my property ??
Not without a court order no.
should i take it off the market and put it under another name?????
Leave it as it is, even if you changed the name they will find out with a land search anyway.

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