Reached the Point Where I Cannot Go on Shoring things up......

[laalinz]

watching with interest, same postion as you

[Old Cogger]

Yes you must open an account either with somebody else that you have dealings with which in no way are connected with your Bank Group, or as said another instituion for your every days banking, even a Basic Bank Account so your income goes in and cannot be touched.

[scoobysnaxx]

I have been trying find out (from the internet) just how a CCA can be considered unenforceable...the results I found seemed somewhat 'out of date'.

Just wondering if there are any successes out there?

 

My CCA would be dated in the 70's!!!

 

Thanks!

*

[scoobysnaxx]

Had reply back from my cc company. Due to the age of my account they no longer 'hold a copy of my executed agreement'.

They have sent me their latest 'terms and conditions' though...phew!

What do you think I ought to do next?

Thnxs

[means2anend]

scoobysnaxx...

 

write to them NOW and ask for what I have explained up above...due to the length of time..they will not be able to adhere to THAT PART OF WAKSMAN'S requirements..i am sure that your alleged agreement has had it's terms varied throughout the years...so their is your answer and ask them for their responsibility under the Waksman ruling about variation in terms and either the originasl or a copy of the original.....remnember waksman said that s78 copies were for information purposes and they could get that from 'other sources that existeed AT THE TIME OF THE AGREEMENT was signed...BUT his other statement of variations of terms does not say that a copy can be constituted 'from other sources existing at time of executed agreement'...put pressire on them on this point and I guarantee that they will remove your defult...IT HAPPENS TO ME

 

rgds

m2ae

[scoobysnaxx]

Thanks for that means!

The situation as it stands for me now, is that I have not yet been defaulted, and am only approx 1 month behind. The ccc has so far been excellent with me and are ready to help me. I have had a massive change in lifestyle due to lots of things and can see things going array big style where the cc's are concerned, so I am worried and just want to be prepared for what might come my way.

I really need every bit of help I can.

The credit card in question was one where THEY increased the credit limit over the years...and now it has gotten a tad 'out of control'. From all i have read on this board I do think that the CCC should take some of the responsibility for this (re:increasing the cc limit without me asking).

Thoughts anyone?

 

[scoobysnaxx]

Ok….I’m done

I have now reached the point that I have no other choice other than to let the fallout happen…and I cannot deny that I am scared.

I have another account where I can have any income directed to but the other main account which I have managed for more than 25yrs on kept in perfect order will now go into meltdown.

The two main reasons for this are due to

1) Health (hubby 2) Subsequent marital breakdown…which sadly, now seems irreconcilable.

[victoria_siempre]

Hi scooby

 

What's the background of the meltdown; debts etc?

 

love

 

vic

[scoobysnaxx]

Hi Vic, just click on my name and have a read of my first post...thanks!

[victoria_siempre]

Hi scooby

 

I have done.

 

Read sequenci's blog for a very good general guide.

 

I would start with an I&E for your own purposes only; then talk to Nationaldebtline.

 

Then look at PPI & silly charges.

 

Tingy will no doubt comment as well.

 

x

 

v

[minmoo]

You have to try to relax about this scooby. Consider what is the worst that can happen and what is best for you. Listen to the guys (and girls) on this site and you will learn to get in control of who has what out of your finances.

I see there has already been some good advice given on your other thread re. bank accounts. Be sure to do this. Then do an honest I & E and see what is left. This is what you will offer to your creditors whether they like it or not!

They will scream and shout but eventually you will get used to it. An empty vessel make the most noise remember!

Get past the threat of ruining your credit rating and what have they got? Court? A judge will only make you pay what you CAN afford and not what the creditor wants which may well be less than you initially offer. (and without relevant paperwork that may not happen!)

 

Please read some threads and get a feel for how things can progress. This is a good one i first read when i came here. You can see the transformation from the woman at the beginning to how she is today.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?263744-We-have-so-much-debt-it-seems-only-hope-is-selling-house!

 

Be strong

[victoria_siempre]

Hi scooby

 

Good advice from minmoo.

 

wilchil's thread is a good narrative of the journey that many of us are voyaging.

 

At the end we all have to decide our own tactics; but whatever you decide you are amongst friends here and now.

 

love

 

vic

[scoobysnaxx]

Thanks for the words of wisdom..and encouragement...I need it right now!

...i will have a good read later when the kids are settled...try to clear my head!

X

[victoria_siempre]

x

 

v

 

x

[Tingy]

Hi Scooby,

 

Vic knows me too well!

 

I've read literally your first post, not the whole thread, so am starting from a point of minimal knowledge. I've done this intentionally for now as sometimes it's good to have someone have the chance to do a whole new take on things, even if only to reassure you the advice you've had is spot on!

 

Firstly I am genuinely sorry to hear about your personal circumstances and what the problems these have created. However, on a positive note, always try and keep at the front of your mind that people cannot take what you do not have. I've been at the stage where I was literally physically sick when I had to face the post each day as I was so scared, so I have some idea how you're feeling.

 

You've obviously got quite a few debts. This will almost certainly be repeating stuff from your first thread, in which case I apologise, but do you know the full extent of them? Do you know how much you owe? Do you know who it was originally owed to? Do you know who it is owed to now?

 

Another couple of questions - are you a homeowner? Have there been any legal proceedings against you? Are you repaying any / all / none of the debts?

 

Finally (I can hear you saying, "Thank God!" from here) have you filled in a decent Income / Expenditure sheet for yourself ?

 

It may seem a bit daunting if you can't answer much of the above, but you're doing exactly the right thing by facing up to them. You're not alone by any means, and once you begin to take control of the situation rather than let it control you and your life you will honestly feel an awful lot better.

 

Try making a list of what you know for sure and a list of what you need to find out. Post that up for us to look at and then we can begin to find a sensible way forward for you. Alongside that fill in an IE sheet for yourself (don't post that up!) What I'm trying to achieve is a clear black and white picture of where you are. Only when we have that can we give really constructive advice on where to go from here.

 

You have said in post #1 you can't deny you're scared. Of course you are, you wouldn't be human if you weren't. However, try to do as I said and keep in mind that people cannot have what you haven't got. I won't pretend you're not going to face a lengthy battle and face some nasty letters that may well upset you, but trust me, you do eventually harden to these and learn to realise that 99% of them are just idle threats, nothing else, hoping to scare you into paying. All you need to ensure you pay at the moment are your priority debts - council tax, rent / mortgage, utilities etc... Nothing else matters until such tiime as we've got it to a state where we can look at the picture and say, "Great! We can see where we are now. Leet's start moving forward by doing x,y and z."

 

Also remember that this site isn't just about advice. If you need a rant and a rave or you're just feeling stressed out and need to get it off your chest, post away to your hearts content. This is one place where you will NEVER be judged for anything and will receive massive support.

 

Think carefully about what I've written, then post back letting us know your position. As I said earlier I've intentionally avoided reading all of your first thread as I wanted to be able to look at your situation with a fresh pair of eyes - if you think reading the whole thread would help, then tell me - I totally trust your judgment on that!

 

Meanwhile take care, and remember we're always here - you'll never go too long without someone responding to you.

 

Tingy

xxx

[scoobysnaxx]

Thanks Tingy for all your kind advice.

 

I’m afraid that this is a quick reply.....

 

 

Anyhow, the bones of it are that two creditors have been pretty good with me

One creditor who I owe approx £10K has put me on a payment plan paying £100pmth

1) Another (a lesser amount just want to go through the I/E with me and will then put me on a plan.

2) The other debt in several varied amounts which are tied up under one bank (due to the bank having taken over all these other banks (wink wink) This also, incorporates my main bank a/c . So, if this debt starts to default they will freeze my a/c which I don’t really want. But they are all intertwined credit cards/overdraught etc.

3) I am not in arrears with anything as yet, but am certainly about to be in that situation due to my circumstances having not improved.

 

4)| One of the debts (who have been fab with me) I do know that it is such an old credit account that there is definitely no CA. I have this in writing from them.

 

I will have get back to this later….thanks again to all who have taken to reading this and replying.

xxx

[Tingy]

Hi Scooby!

 

Thanks for replying. I'm afraid this is a quicky reply to as I'm about to go out. It sounds like your situation is not too bad with the possible exception of this one bank. Well done you for tackling it now before you get into arrears.

 

As regards the lack of a CA I wouldn't pay too much attention to that personally as courts are increasingly accepting reconstituted CA's with or without signatures, especially in your situation where there is an established payment plan in force, so you've effectively acknowledged the debt.

 

Fill in more details later and I'll be back on again later too so should pick up whatever you write.

 

Don't worry!

 

Tingy

Thanks Tingy for all your kind advice.

 

I’m afraid that this is a quick reply.....

 

 

Anyhow, the bones of it are that two creditors have been pretty good with me

One creditor who I owe approx £10K has put me on a payment plan paying £100pmth

1)Another (a lesser amount just want to go through the I/E with me and will then put me on a plan.

2)The other debt in several varied amounts which are tied up under one bank (due to the bank having taken over all these other banks (wink wink) This also, incorporates my main bank a/c . So, if this debt starts to default they will freeze my a/c which I don’t really want. But they are all intertwined credit cards/overdraught etc.

3)I am not in arrears with anything as yet, but am certainly about to be in that situation due to my circumstances having not improved.

 

4)| One of the debts (who have been fab with me) I do know that it is such an old credit account that there is definitely no CA. I have this in writing from them.

 

I will have get back to this later….thanks again to all who have taken to reading this and replying.

xxx

[Tingy]

Scooby - have you opened a parachute account yet? If not, you need to get that done asap - just make sure it is in no way linked to companies you owe any money to.

 

I'm doing battle with a lawyer over the enforceability issue at the moment. A lack of any agreement is pretty critical as if they reconstitute it, on what are they reconstituting it? Also how can they prove you signed anything.

 

You need to answer the questions asked before I can offer any really constructive advice. When you're ready, I'm coiled and ready to leap into action!

[scoobysnaxx]

Dear Tingy,

 

Firstly, I must apologies for my absence. I have been hoping…wishing that thing’s might get better somehow.

I have been to see the CAB...again, and at the mo’ I think I will hand everything over to them. I would like to say that I could deal with it all myself, but I’m just not sure/feeling confident right now…I don’t know. I have looked at the debts each day for two week now, and have done nothing. I have opened another account, so am getting somewhere on that score!

 

The money coming in to my household has not improved, so I guess I have no other option than to hold my hands up and say I cannot pay this anymore. One has to live.

 

Tingy, you asked about:-

The account with ‘no cca’ The account has a balance of about £10k Eeek!.

 

Funny how life changes and you find yourself in a place you have never been before.

 

To anyone/Banks who may be reading this and thinking that I want to simply get out of paying my debt….WRONG I will pay it all back. Life has so many changes that you one simply cannot anticipate. I never imagined that things would not getting better…I’m in a place I could not for see…or want to be in.

 

Deeply appreciate the help and advice offered here…thank you!

[Tingy]

Hope CAB works well for you. Do keep posting what they're doing as we may have ideas that you could rasie in your meetings with them.

[scoobysnaxx]

I am feeling rather pleased that a certain creditor has agreed to accepting 35 % of the outstanding balance on one of my debts.

Are there any catches...? would they likely of gone even lower than the amount of accepting 35% ...it has been explained to me that this will go down on my credit file as a 'partial settlement' ...which i don't mind really.

BUT i am wondering if this all just tooooo good to be true??

Any comments appreciated!

Thanks!

[baz1986]

Great news you have been given a F+F but you should try and go for a 'Settled' on your credit file, Make sure you have it in writing that by paying them the amount then this will be the end of the debt etc, i have read that some have taken the payment and passed onto a DCA for the rest of the amount!!

 

 

[dx100uk]

never ever F&F unless 'they' will remove ALL negative markers and show the debt as setlled.

 

nothing else will do, you might as well burn the money.

 

dx

[scoobysnaxx]

Thanks for the advice Tingy. I spent the morning 'looking at my debts'

In the afternoon, I plucked up the courage and to cut the tale short, I managed to get a creditor to accept 35% of a rather large debt. I was truly amazed!

I am begining to wonder though if there are any catches to this...i know that it will be noted on my credit file that it would be 'partial settlement' which i am not really bothered about.

I have now been inspired to possibly deal with the accounts myself. I later called another cc company, who agreed to continue the interest free period providing i do not miss any payment...otherwise..default

Any advice welcome

[baz1986]

Hi Scooby i am in the same boat as you i think, a few weeks ago i was ready ti give up but found this site and ever since have not even let the debt worry me, i have even done all the work on my own to set up a DMP plan... I only have 3 creditors to agree what i pay them and i can be sure to get somewhere with my debt.. Can i ask how you got a company to accept 35% F+F?