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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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hazbo

IMPACT, Blair Oliver Scott, Cabot, Wescott, Very, MiB, Debts 30k+ HELP!

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I'll start from the beginning.

I am an engineer and made decent money when i was in the job i had from leaving school at 17, im now 33.

Back in 2006 i had debts close to 40k, which i was paying all ok, as listed below:

 

Barclays loan - 19k

Barclaycard - 8.5k

Halifax CC - 8k

MBNA CC - 8k

 

A sudden, unwanted change of job meant i couldnt afford the repayments on above debts.

I contacted all the above and after defaulting on payments (adding charges for late payment etc) etc and sending SoA's they all eventually agreed to freeze interest and enter repayment plans (Barclays were v.helpful with the loan and offered a Resolve loan for the 19k completely interest free over 10 years, so instead of paying £400 p/m the repayment was down to £170) the others were all £100 p/m each.

 

As of now the Barclays Resolve loan stands at £8k and all the CC's are down to around 4.5k each. So total was paid down to around 20k from original 40k

 

Around 6 months ago I received a demand for £18500 for an uninsured car accident from 2007 from Weightmans DCA Via MiB (Motorist Insurers Bureau) I hired a solicitor to deny any involvement in this accident and Weightmans have now dropped the claim and returned the file to MiB. However i have since read that MiB,s next step will be to take me to court where they *may* be able to prove my involvement and therefore my liability to pay the £18500

 

I now find myself working a 2.5 day week on minimum wage, earning £670 p/m.

I have Vanquis/IMPACT DCA chasng me for a further 2k CC debt and 1.4k owing to Very catalogue as well as the above debts.

 

I am sinking, really stuggling to pay the bills, let alone all the debt repayments.

 

I really think Bankruptcy is my best option, I have no assets and no savings.

 

I have some questions if anyone is kind enough to help:

 

1) My wife and her father own our home, I have never owned the house or even been on the mortgage, will bankruptcy have any affect on this?

 

2) My wife is currently on maternity leave, however she will be made redundant in March 2013 and get a payout of 17k, will bankruptcy have any claim on this money?

 

3) Our family car is registered on my name, however it is owned by my wifes father, he paid a £1500 deposit and financed £4.8k and we currently pay standing order to him of £140 p/m which covers the payments, The car is legally his and untouchable in Bankruptcy, right?

 

4) What should my first steps be regarding the CC debts as I have so-far ignored all calls, (Vanquis/IMPACT are making lots of noise about doorstep collection etc) should i offer a £1 payment or such in the meantime?

 

5) I also owe approx £1500 to HMRC which will be due on 31st Jan 2013 which i already know i wont be able to pay, how should i deal with this?

 

Any help on the above is much appreciated, Thanks in advance :)

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Also, with the exception of IMPACT who i am sending a CCA to today, is it too late to CCA all the above DCA's since i have already been paying them?

 

Thanks again.

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Also forgot to add that the following lenders in 2008/2009 then passed my debts to:

 

Barclaycard - Cabot

Halifax CC - Blair, Oliver and Scott

MBNA CC - Wescot

(All the above I have been paying up until Oct 2012)

 

And more recently:

Vanquis - Impact DCA

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I

1) My wife and her father own our home, I have never owned the house or even been on the mortgage, will bankruptcy have any affect on this? I believe that creditors can only go after assets in joint names.

 

2) My wife is currently on maternity leave, however she will be made redundant in March 2013 and get a payout of 17k, will bankruptcy have any claim on this money? Again this is your wife money and I don't believe they can legally touch this.

 

3) Our family car is registered on my name, however it is owned by my wifes father, he paid a £1500 deposit and financed £4.8k and we currently pay standing order to him of £140 p/m which covers the payments, The car is legally his and untouchable in Bankruptcy, right? Make sure the car is clearly shown as being the father in laws. If the car is his, if the Insurance is currently in your name, make sure they are aware of the exact ownership. They may say that the Insurance should be in his name, with you as the main driver. If you have the DVLA reg doc in your name, in the event of court and then bailiff action, they might think it is yours. Then you have the hassle of proving it is your FIL's.

4) What should my first steps be regarding the CC debts as I have so-far ignored all calls, (Vanquis/IMPACT are making lots of noise about doorstep collection etc) should i offer a £1 payment or such in the meantime? Send them CCA requests as these are not priority debts. The tax debt is the biggie. You really should speak to Citizens Advice, National Debtline or CCCS as a matter of urgency.

 

5) I also owe approx £1500 to HMRC which will be due on 31st Jan 2013 which i already know i wont be able to pay, how should i deal with this? This is where Citizens Advice are worth their weight in gold. They might be able to help you understand your exact liability situation and help you negotiate with HMRC. If HMRC know of your position, they should be able to help you, perhaps with a repayment arrangement over a period.

 

Any help on the above is much appreciated, Thanks in advance :)

 

See above. Really think you need to see Citizens Advice to run through all of this, as they may be able to guide you about the path you should take. When you wife gets her redundancy in March, any tax credits/benefits either of you receive will be affected. I am also thinking that MIB claims should be taken into account in any bankruptcy, if you had this accident and could be held liable at a later date.

 

Do you know when you last made any payments towarfs some of these debts? If you have not made any payments for 6 years or admitted to owing them in writing, there are no CCJ's., then the debts will be statute barred so could not be enforced. It is worth sending CCA requests for the credit card and catalogue debts, to see what they come up with. If they can't supply the CCA, then the account are in dispute until they have supplied the CCA or a copy of what you would have signed.

 

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


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You name 3 DCAs in your post title but not thereafter. BOS are Halifax internal DCA but Cabot usually appear on these forums as debt purchasers: was your MBNA account assigned (ie sold) to them? And where do Wescot fit into the picture?

A short history of each debt would be helpful.

Yes, you can and should CCA for each debt. Send to whoever currently managing it.

I would cease to pay if they don.t deliver within the statutory 12+2 days and send them an account in dispute letter.

If they do deliver, get it checked out here for enforceability. If enforceable, write to say that you are on a very low income and will, until such time as your situation picks up, be paying £1. They will create a stink but know they cannot get more out of you as you have no assets.

The unenforceable ones, tell them go whistle in the wind. You'll get stink from these too, but if you read other threads here, you'll find plenty to inspire you for the fight.

Court claim for the accident would become statute barred if not initiated within 6years (Scotland 5) of the event, so long as you don.t acknowledge involvement.

If before statute bar and taken to court, the judgment obtained would constitute a new debt.

But what do you mean, you've "read" that they'll take action???

Bankruptcy is messy, best avoided and I honestly think you don.t need consider that route. In any case, don.t fret over your wife's assets or those of her father. They are untouchable.

Others may have different views, but these are what I would do myself.

Good luck.

Olég

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Sorry, I didn't see the subsequent posts when I wrote. I am writing at snail pace in a clapped out mobile and was responding to the latest in the thread at the time my snail started pacing. :(

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Hi Unclebulgaria and thanks for your reply.

 

Its good to know that my wifes property/money will be ok if i do go down the bankruptcy route. I have already had my maximum (2) amount of "time to pay" arrangements with HMRC so will contact CAB/National Debtline to see where i stand now.

 

Hi Oleg and thanks for your reply also.

 

But what do you mean, you've "read" that they'll take action???

 

I have read on other forums that after MiB have had a DCA chase you for money with no joy, their next step is to take you to court and prove that you owned such vehicle by producing signed copy of vehicle log book with your signature. Still not sure how they can prove it was me driving though.

 

Do you really think that with possible £38k debt and making £670 p/m before deductions i should not go for bankruptcy?

surely a fresh start would be better than this noose around my neck?

 

Thanks again.

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MIB will only enforce if they have sufficient proof. This could be independent witness testimonies and does not need to be traffic cameras etc. The problem is getting hold of such testimonies years after the event and then the accuracy of these can be disputed. If you continue to dispute, then I can't see it going any further.

 

As for bankruptcy, this is not something that you should consider until you have sat down with someone qualified and looked at all options. It can affect certain types of employment if it involves handling money/financial transactions and for things such as Insurance can be something you need to disclose.

 

I have since read that you cannot include any MIB claim under any bankuptcy, if this was considered. This is due to the following clause under the insolvency act.

 

281(5) Insolvency Act 1986, which reads as follows:

 

(5) Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which—.

(a) consists in a liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other duty, ... being ... damages in respect of personal injuries to any person


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I am suggesting that you only need pay £1/month on each non-priority debt. The HMRC one however is inescapable. It needs to be negotiated, either directly or through CAB or other non fee charging agency.

If you feel you want to go bankrupt and can raise the petition fee, you can do. Each to his own. All I can say is that I, with debts far higher than yours, chose the unenforceability route and feel more comfortable that way.

Given your financial status and the dubious evidence, I would share your suspicion that MiB would try it on.

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I am suggesting that you only need pay £1/month on each non-priority debt. The HMRC one however is inescapable. It needs to be negotiated, either directly or through CAB or other non fee charging agency.

If you feel you want to go bankrupt and can raise the petition fee, you can do. Each to his own. All I can say is that I, with debts far higher than yours, chose the unenforceability route and feel more comfortable that way.

Given your financial status and the dubious evidence, I would share your suspicion that MiB would try it on.

 

As Oleg is suggesting. Don't go down the bankruptcy route in a rush. With debts that you have not paid for a while. e.g. credit card and catalogue debts, send them CCA requests and see what comes back. If they can't send the CCA, then you can send a follow up letter that the account is in dispute and therefore have a legal reason not to make repayments. If no payments or acknowledgement or CCJ's within 6 years, then they could be statute barred. You need to know when the last payment dates were or whether CCJ's have been obtained.

 

So don't enter into repayments with the credit cards and catalogue debts you are not repaying. Just send the CCA requests. These are not priorities. The Tax Man is your No.1 priority and you will need to sit down with CAB to see what you can do. Do this urgently.

 

As for MIB, see what they do, if anything. If by any chance they have proof and take you to court, all you would have to do is gain agreement via the court to make affordable repayments. You would of course defend and therefore hopefully avoid this in the first place.


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Minus the HMRC liability and MIB claim against you.. what is your current debt status ?

 

Vanquis do make a lot of noise.... they are a Pay Day Loan company in disguise.. and work on the premise that he who bullies the hardest .. gets the larger chunk !!

 

Do you have ..

 

Any default / penalty charges on any of these debts ? - You can reclaim these

Do you have, any Payment Protection Insurance on any of these accounts ? - if there is any chance this could have been mis sold - you can reclaim this.

 

If your debts amount to under £15,000 you could consider a Debt Relief Order - to go this route, your debts would need to be under £15,000 and you cant have any assets.

 

Do speak to National Debtline, they will be able to go through all your options.

 

Did you cease payments on all these debts in October ?


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Hi all,

 

Apologies I should have been more clear in my original post, here is where these debts are at now:

 

Wescot (MBNA CC) £4000 - stopped paying Oct 2012, they don't seem to care... Haven't even sent me a notice that iv missed payments!

 

Cabot (Barclaycard CC) £4500 - stopped paying Oct 2012, threatening further action.

 

Blair, Oliver & Scott (Halifax CC) £4500, stopped paying Oct 2012, threatening further action.

 

Barclays Resolve loan £8600 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Impact (Vanquis CC) £2700 - threatening to visit my house, doorstep collection,beat my granny up etc (joking)

 

Capital One CC £800 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Capital One CC £300 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Very Catalogue £1400 - up-to date so far, first missed payment will be 4 Jan 2013.

 

So, should I cca all of the above and then offer minimum payment? Or some other course of action?

 

Unclebulgaria, the bit about MiB, does that mean the part of the £18500 that relates to injury would still have to be paid, or would the full amount still stand through bankruptcy?

 

Thanks again guys.

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Also forgot to add:

 

Local solicitor £720 - fees for fighting MiB/Weightmans so-far.

 

And yes all the CC's had late payment fees etc Anne's when they were with the original Creditors £100's if not £1000's was added infact.

 

Thanks again.

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Hi all,

 

Apologies I should have been more clear in my original post, here is where these debts are at now:

 

Wescot (MBNA CC) £4000 - stopped paying Oct 2012, they don't seem to care... Haven't even sent me a notice that iv missed payments!

 

Oh they will.. :lol: Give it a few more weeks and Wescott will be rattling their cage - Do you know if this has been sold/assigned to Wescott or are they merely collecting on behalf of MBNA ?

 

Cabot (Barclaycard CC) £4500 - stopped paying Oct 2012, threatening further action.

 

Depending on when you entered into the agreement, this could be worth sending a CCA request for - B/Shark were particularly poor at issuing Default Notices. I imagine this has indeed been sold to Cabot - who can get pretty nasty.

 

Blair, Oliver & Scott (Halifax CC) £4500, stopped paying Oct 2012, threatening further action.

 

Similar to previous comments.. althouhg Blair Oliver Scott are in house collectors/litigation team for HBoS. Send CCA request to HBoS , check for PPI and charges

 

Barclays Resolve loan £8600 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Impact (Vanquis CC) £2700 - threatening to visit my house, doorstep collection,beat my granny up etc (joking)

 

Surprised they havent suggested they can sell your first born !!.. not joking !! Send these the "DO NOT VISIT ME" letter from the CAG library. If anyone does have the stupidity to simply turn up on your doorstep, you can ask them to leave, they have no authority and it is against OFT guidelines, anyway, to turn up without an appointment. If they decide to make contact by phone, then it is your absolute legal right to communicate in writing only and in your best interests to do so. They will make all manner of threat and fibs on the phone - but frequently tie themselves in knots when forced to communicate on paper.

Capital One CC £800 - up-to date so far, first missed payment will be 4 Jan 2013.

 

These will almost certainly offload the account at the first opportunity. Send CCA request to them and check for penalty / default charges

 

Capital One CC £300 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Very Catalogue £1400 - up-to date so far, first missed payment will be 4 Jan 2013.

 

Again, small debt - almost certainly no signed agreement - will make all manner of threats about what they can do to your life and very existence. CCA them, insist on communication on paper. Check for charges and also any kind of insurance.. some catalogues have a nasty habit of adding product protection insurance !!

So, should I cca all of the above and then offer minimum payment? Or some other course of action?

 

Unclebulgaria, the bit about MiB, does that mean the part of the £18500 that relates to injury would still have to be paid, or would the full amount still stand through bankruptcy?

 

Thanks again guys.

 

Yes, I think I would almost certainly send CCA requests to all of them..

 

It is up to you whether you offer a token payment - it does at the very least show that you are not attempting to avoid any liability. Until you have all the paperwork, it is probably a good idea to stay on the right side of things.

 

:)


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Yes you could not include anything to do with personal injury in any bankruptcy. So you would have a debt of whatever amount for the 3rd party injury claim remaining.


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Just to update this:

 

I have sent offers of £1 p/m to Cabot, Blair Oliver &Scott, Wescot and Vanquis/Impact. Also sent Impact the "do not contact me by telephone" and the "do not visit me" letters.

 

As regards the MiB situation I sent a letter asking for disclosure of any information they have on me, just to see how the land-lies.

 

Would like to say that the templates on this site are extremely useful, as is the amount of information available here. I am now getting used to the fact that I will have to deal with this debt problem and not bury my head, thanks to this site.

 

I will keep this updated with progress, and the replies I get from all of the above.

 

Thanks again.

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Sounds like you are well on top of things now :) Well done.


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Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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