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Help writing off Debt; letters already sent


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Hi new to the forum so bare with me please;

 

I have got around 12 credit agreements on my credit file which about 8 of which have now defaulted and are now with debt collection agencies.

 

I have contacted National debt-line and gone through my financial statement to work out if i can afford any payments. In the end they advised me to file for bankruptcy or ask them to write the debt off, opted to try and get them to write the debts off.

 

I have written to most to all of them and explained the situation to them and attached my National debt-line ref. As expected they sent me template letters saying that they have received my letters and i should call them to discuss the debt.

 

After many letters back and forth I am now in the position where 2 of them lowell and Robinson Way, are offering to accept a token £1 per month until my circumstances have changed. Although my financial my financial statement shows i have no extra income to make that payment.

 

I intend to continue writing to them to try and persuade them to write the debt off because i really cannot afford to pay any of the debts;

 

Would anybody be able to advise me on any other avenues i can take?

 

Thanks in advance

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If it were me, I would file for bankruptcy.

 

I don't know your circumstances but I can only speak from experience.

 

I really wish I had of went bankrupt 7 years ago as I had a similar amount of credit and no way to pay.

 

Bankruptcy nowadays is not as bad as it once was.

 

I 'think' you can be discharged after a year now.

 

If you stuggle to pay these vermin monthly you may still be in a similar position in 6 years time, more broke than ever and defaults and credit accounts all over your CRA files.

 

There will be some here with more experience than me along to advise you.

 

RI

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Hi and welcome

 

A bankrupcy will stay on your file for 6 years and can affect all sorts of things so should not be taken lightly.It would depend on your circumstances and how much you owe as to whether this is suitable.

 

You do not say what they of debts these are but for loans and credit cards you should check out if they are enforcable and how old they are, If a debt is not acknowledged or any money paid within 6 years the debt becomes Statute Barred anyway, making token payments will prolong this.

 

Write to everyone and tell them that you are unable to make any payment at the moment and that you are condsidering bankrupcy, you will reassess the situation if your circumstances change. Add that 'I do not acknowledge any debt to your company and will be seeking evidence of the debt that you claim I owe and the amount'.

 

If you can start threads for or at least describe each of the debts and then we can deal with them one at the time.

 

For loans and credit cards you can use your £1 for a Credit Agreement request to see if the debt is enforcable at all.

 

It is really up to you but you have options.

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Thanks for your replies, was really trying to avoid the bankruptcy route because of the longer term effects, below is a copy of the intial letter i sent to all my creditors

 

---------------------------------

Dear Sir or Madam

Since making the above agreement with you, my circumstances have changed.

I cannot now afford the contractually agreed monthly payments because I am no longer earning enough to make any payments towards my debts, and this situation has not improved for the past 4 yrs. I have been seeking advice from the National Debtline who has advised me due to amount of debt my only options are to ask for my creditors to write of the balances or apply to the county courts for bankruptcy.

As you can see my situation is very unlikely to improve in the future, and my continued high debt level may have a serious effect on my physical and mental wellbeing.

I enclose my CASHflow financial statement, which shows the total income and total outgoings for my household. As you can see, I have nothing left for my non-priority creditors. I can confirm that the information I have provided is a true and accurate representation of my current financial situation at this time.

For more information on CASHflow, please go to cashflow.net You can also view my CASHflow financial statement on the website. I have worked out the offers I have made to my creditors on a pro-rate basis, and I have written to all my creditors asking them to accept my offers.

I would therefore be grateful if you would seriously consider my request for the debt to be written off.

Please note that this is based on a review of my income and expenditure using the Common Financial Statement and therefore I am not in a position to offer any increased payments at this time.

Thank you for your help. I look forward to hearing from you as soon as possible.

---------------------------------

The 6yr statute bared rule does not apply to me in this case because all the debts are within the past 3-4 years. I'm not sure if the what else i can do.

Halifax Current Account Overdraft

BM Solutions Mortgage Shortfall

Capital One (Lowell)

T-mobile

Halifax Credit Card

Abbey Current Account Overdraft

Argos Store card

Mint Credit Card

Natwest Bank charge unauthorised overdraft balance

As you can see theres is quite a bit there all of which i have sent the same letter to, would it be worth my while trying to see if they are enforceable? or am i just clutching at straws.

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I'm assuming you don't own property/assets...

 

Have you checked that these debts are even enforceable? How old are they? Do you have any CCJs (County Court Judgements) in relation to them?

 

Don't assume that National Debtline will give you the best advice.... most of these organisations are funded by the financial industry in the first place.

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I apologise in advance for my bluntness!

 

You have absolutely NO CHANCE whatsoever of any of these debts being 'written off' because you have fallen on hard times.

 

If this worked then we would all do it and we wouldn't be on this forum.

 

At best, the debt will be passed and sold from one DCA to another until eventually you are forced to pay by intimidation, Statutory Demand or something similar OR you have a nervous breakdown.

 

Let's be realistic about it.

 

They don't care about you in the slightest, they do not care if you are starving, have no heating or no electricity, it is entirely up to you to look after your family and yourself.

 

I know because I've been there like many others on this forum.

 

Paying a small amount every month is a total waste of time and money unless you envisage a substantial upturn in your finances very soon and you are just wanting to hold them at bay.

 

These vermin will NEVER EVER go away and will not show you the slightest bit of sympathy for your hard times, they never do, they simply do not care!

 

They will hound you forever, if you pay £1 a month that will not satisfy them, they will threaten and harass you until they bleed you dry.

 

If you DO NOT have any assets or own your own home etc. then going bankrupt will end your financial worries, quick and relatively painlessly.

 

Being bankrupt is no more shameful than being in debt really is it?

 

You credit file is still going to be trashed, bankrupt or not!

 

What you have to remember is, there is no easy way out when you are in debt!

 

You are going to hurt one way or another such is the society we live in.

 

As I said before, IF I had of known/experienced what I've been through the past 7 years I would have went bankrupt.

 

Sit down, think of your options and make a plan.

 

Being in debt is bloody hard.

 

Don't rule out bankruptcy also consider an IVA as this route has worked for many.

 

Don't try and seek sympathy from DCA's or creditors, you will not get any as they are basically vermin that feed of the hardship of others.

 

RI

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hi RoyalIrish thanks your Bluntness

if i was to file for bankruptcy the debt line have adviced me that i would need to pay to for it, which is something that i cannot realisticly afford to do is there a way to do this without paying?

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You have to pay for bankrupcy, but there is the new government scheme for debts under £15,000 and IVAs. An IVA could enable you pay what you can afford for a limited period and then get the debts written off. Google as much info as you can, keep an open mind because everyone is different and you need to know all the options. I would say never get into the trap of the £1 token payment as you will never pay these off and take the advice of the debt charities with caution. Never deal with private firms who claim to solve all your problems.

 

If you are prepared to deal with each debt individually, you should seek advice on each one to establish if it is legally enforcable and you owe the amount claimed. This would involve some time on this forum and your own efforts.

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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pers iwould not go BK

not worth it

you dont sa y how much you owe, but its no walk in the park going BK, regardless to what the people say that have.

 

time to get you ducks in order.

 

CCA everyone.

reclaim unlawful charges/fees

reclaim PPI.

 

typically you can halve your debts by these methods.

 

i dont know where you got the idea from but its not the best one.

you need to do some legwork and you'll get things sorted otherways.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

It is worth your while spending £1 to request credit agreements for the Credit/Store cards. The link to the request is below, send by recorded delivery with a £1 postal order - print name. Send to whoever is chasing the account at the time, adjust letter to suit.

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

They have 12 plus 2 working days to reply, if an executable agreement is not provided you can put the account in dispute (there is letter for this in the library). The debt is not enforcable without an agreement.

 

For bank accounts you need to send a SAR request which costs £10 but will enable you to challenge charges etc on the account. Phone providers and your mortgage shortfall I am not sure, you will have to provide more details and maybe start a new thread. There are a number of things that you can challenge with mortgages and repossessions. Link to SAR letter - sign but put crosses through signature, send recorded with £10 postal order, they have up to 40 days to reply

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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The mortgage shortfall canbe completely disregarded, it is now classed as an unsecured loan and as such is a very low priority one, there will be loads of charges on this and if there was a mortgage indemnity policy on the mortgage the company will have reclaimed against this. They can't take you to court over this as they will have to answer lots of questions as to why the shorfall occurred in the first place. Do not pay one penny towards this.

 

Capital One more than likely will have loaded additional charges onto the account so again this could be reclaimed.

 

If it is possible to pay one of the smaller amounts off then do that and wait for the rest to start offering huge discounts, it is called snowballing. You pay the smaller debts off first, with token payments of £10 to the bigger ones, then they start making offers... much more sensible than pro-rata-ing the debts, this way at least you start getting rid of your creditors once and for all after 6 years.

 

I had nine debts, most under £500 so paid a couple of small ones, then the bigger ones started making offers and all got repaid in 1 year... had I pro rataed I would still be paying.

 

You can also work on the basis that 'them what shouts loudest gets least' which means the ones who put the most pressure on get a token payment.

 

Never give them a complete Income and Expenditure form, they are not entitled to the detailed information on the forms they send out and many of their requests are actually illegal. Only a court can ask for this information.

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