Please can someone advice me

[charliemonkeyface]

i will try and keep a long story short, i have several unsecured debts in my name alone which since losing my job 12months i have been managing my own DMP with the support (financially and emotionaly) of my partner. Due to a change in our circumstances i am unable to now honour the agreements i made with all of them.

 

As it stands i currently owe

£445 Vanquis/Impact pay £28month

£320 Fredrickson International pay £33month

£1380 Capquest pay £20month

£2350 Capquest pay £30month

 

I have no income i can call my own, my partner works and she pays our rent, bills, ect.. i currently look after our 2 kids while i look for a full time job, we recieve working tax credits and although i am job seeking i am not entitled to JSA as my partner works.

As it stands today i could manage to pay 2 of these the agreed amount each month.

 

What should i do, and how bad will it get?

[dx100uk]

welcome

 

firstly i'd question these debts you are paying to CQ..

 

anyhow

 

have a read sequenci's excellent blog in my sig.

 

dx

siteteam

[charliemonkeyface]

Thank you for taking the time to read my post and replying and i will read through the blog you have suggested.

 

The money i pay to CQ are for 2 shop direct accounts which they passed on to CQ after refusing to deal with me direct and repeatedly stated they would only agree to a payment plan if i went through a 3rd party such as CAB.

I found CQ very difficult and aggresive to deal with and they wanted more than twice those amounts and the agreement i made with them has only been in place for 4 months.

Also is it significant that those are the only 2 debts that do not appear on my Experion credit report.

[Tingy]

As DX says, read SEq's blog and then come back and ask questions. Bear in mind they can't take what you haven't got, so I would imagine there will be a resolution to this somewhere along the way.

[dx100uk]

yes it is sig...

 

i bet you are being fleeced here

 

if they are not on your CRA

stop paying them

 

i seriously think you need to CCA everyone as you appear to have taken what a DCA says as being the law ...its NOT.

 

they will fleece you blind on debts you have no need to pay.

 

and i bet they are all unlawful charges by the creditor too.

 

dx

[charliemonkeyface]

Thank you for you time and help dx100uk & Tingy but really just stop paying them, wont they take me to court?

 

There were alot of charges added before the accounts were sold to Capquest but i dont know if they are unlawfull. I will request a CCA from all of them.

 

As for this months payments what should i do?

i couldnt give a monkeys about the state of my credit score but after reading sequenci's blog which was very informative am i right that i should only pay the amount i can afford to each creditor (currently £10 each) as well as putting a formal offer in writing.

[dx100uk]

no they wont go near court

 

this is the thing about DCA...

 

people BELIEVE what they say

 

but in all legal truth...all they send is THREAT-O-GRAMS

 

and you've fallen for them

 

they don't want to lose their cash cow.

 

carry on being 1 of the 100'000's that take notice of these fleecers.

 

your choice.

 

dx

[charliemonkeyface]

Thank you dx.

I am a little bit out of my depth and i am grateful for all advice and guidance you can offer me, thats why i came to CAG.

I have a CCA request for all 4 DCA ready to be posted in the morning, but what should i do while i am waiting, do i pay nothing, do i ignore them or should i pay what i can regardless of what they say.

Why wont Capquest take me to court for a CCJ or try to bankrupt me, is the amount i owe not enougth.

Also i dont really understand why they dont show on my Credit File.

[dx100uk]

Thank you dx.

I am a little bit out of my depth and i am grateful for all advice and guidance you can offer me, thats why i came to CAG.

 

I have a CCA request for all 4 DCA ready to be posted in the morning, but what should i do while i am waiting, do i pay nothing, do i ignore them or should i pay what i can regardless of what they say.

 

i'd take them all down to £1PCM & for the minute, post up reports of what letters you get.

Why wont Capquest take me to court for a CCJ or try to bankrupt me, is the amount i owe not enougth.

 

they wont go near a court if its mainly made of unlawful charges or PPI or if the debt 'does not actually exist'

Also i dont really understand why they dont show on my Credit File.

 

it prob does not show on your credit file because the OC wrote the debt off against tax years ago, then sold it on a phishing list.

 

the people got a hold of it - sent out a threat-o-gram - and you fell for it.

 

if no cca exists then i bet thats the case.

 

you are not the first nor the last.........

 

 

dx

[charliemonkeyface]

Again thank you for taking the time to help me. After losing my job it was a difficult and stressful time trying to set up DMP and the thought of having to go through it all over again was begining to give me sleepless nights so i do appreciate all and any advice.

 

I will follow your advice but i believe i did sign credit agreements in 2008 for the 2 accounts Capquest now hold, before they contacted me i recieved 2 letters from Shop Direct informing me that they sold my accounts to Capquest and then shortly after recieved 2 letters from Capquest outlining consequences and court costs ect.. if i did not contact them to arrange payment.

[dx100uk]

put CQ and anyone else you are paying that has charges/ppi on it the a/c's down to £1 and get reclaiming!

 

dx

[Tingy]

dx is absolutely right. I've stayed out of the thread except for the one post as I could see he was offering good advice, but I can see you find it hard to believe. I can understand this as I did as well to start with. However, you are the one in power here. It is your money and it is up to you what they do with it. The DCA will not go anywhere near a court, or at least of the thousands I've dealt with personally and on behalf of others, not one has ever taken court action - loads have threatened it. They are full of empty threats designed to scare you, that's how they earn their money. It's bullying!

 

Honestly what dx has said is absolutely right and there is nothing the DCA's can do if you decide to reduce your payments.

 

One final thing - the fact that you know you owe these debts does not mean that the paperwork for them still exists or that they are still enforceable.

[charliemonkeyface]

Thank you very much dx and Tingy i am very grateful for all the help and advice you have given me, i only wish i came here 12months ago instead of struggling for the past year.

[charliemonkeyface]

I have done as advised, i sent letters to all my creditiors informing them that due to a chang in my circumstances i can no longer pay the agreed amount and until further notice or a change in my circumstnces i will pay £1 per month, i also sent a CCA request to capquest for each account they hold. After constant phone calls which i have been ignoring and i have recieved 3 letters today.

 

The 1st 1 i opened was from Fredrickson telling me that unless i contact them they will pass my account back to cap1 and advise them to start legal proceedings.

 

Letter number 2 was from capquest informing me that on 10th May they will progress my account to their pre-litigation system. The letter is full of threats using words such as court action, bailiffs, Order of the Court, Court Enforcement Officers, Walking Possesion Agreement. And go on to tell me that after they have removed everything i owe and sold it i will still probably still owe them money.

 

Letter number 3 was from HL Legal Solicitors informing me that capquest have appointed them to act on their behalf and if i do not respond by the 17th May Court proceedings may be issued against me. They go on to outline that £65 court costs and £80 solicitors costs will be added.

 

I should mention that the 2 letters from capquest show the original amount of debt i owed before i made any payments. And the letter from HL Solicitors state i have not made contact with capquest since 22 november when the bought my debt.

 

The £1 payments and the £1 for the CCA requests were postal orders and all the letters were sent recorded delivery and as of this morning have still not been delivered.

What should i do next.

[Tingy]

Let nature take its course. In my opinion they will not take you to court - if I had £1 for every time I've been told that by a DCA I think I'd be debt free and very well off now!

[reacher51]

hi. everyone.

just to say thanks for all the advice concerning cabot. carter. lowell. and all the other bandits out there.

thanks to your letters library they have all now given up chaseing a seven year old debt and they have sent letters to say i was no longer on their files. it has taken three years but it was worth every letter.thanks again. reacher51

[charliemonkeyface]

Hi dx100uk and Tingy

Finally got a reply from the CCA requests i sent out and the first to reply are CAPQUEST.

They have sent 2 SHOP DIRECT credit agreements outlining all the T&Cs BUT they have no signatures or relevent dates anywhere.

Apart from my name and address typed at the top they are just blank copys.

 

So what should my next move be, are these unenforcable and if so what should i do?

[Tingy]

Hi,

 

They don't have to be signed, and it's possible they may need to send you two different lots of T&C's, but there should be a date if this is the case. Can you ppost them up so we can see them please - omitting any personal details!

[charliemonkeyface]

Thank you for replying Tingy.

 

I have been trying to get them posted up but my camera very old and unable and i cant get a decent pic so i will try to get them scanned somewhere over the next week.

 

As for omitting any personal details there isnt any, not even a account number. There are 2 sets of T&Cs for each account and 1 set of each has my name and address typed at the top but all other detail are blank. There are no names, signatures, dates, or account numbers anywhere.

I may be wrong but these look to be blank copys they keep on file for anyone they dont hold a credit agreement for.