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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
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Stopping Payments to Stepchange and going it "alone"


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these agreements are from 20 years ago

 

the chances of obtaining the original agreements /t&cs are next to zero

 

save yourself £45 per month

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks for the reply.

 

The problem being though, they are reporting this as AR. If I stop/reduce payments, these markers will show for the rest of my life. So I need to try and get the markers removed as I have done already elsewhere. If/once this is done, I can stop the payments. I just can't see them agreeing to anything, if I suddenly stop payments.

- BlondieGirl

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  • 2 weeks later...

Barclaycard put AR/AP markers on for a credit card 8 years ago.

 

 

The account never actually defaulted

 

 

when i challenged this

 

 

Barclaycard told me these markers did not put me in a more disadvantaged place

rather than someone who made no effort to pay.

 

 

so i gave up.

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AP markers never go away and can be seen for upto 6 yrs in the account history.

 

 

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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What's AP/AR markers?

 

It's probably something obvious but I can't remember seeing this mentioned before.

 

It's been a while since I heard anything on a thread that I subscribed to on here!

 

arrangement to pay

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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These AP markers are so damaging.

 

 

For a debt which was run up in my 20's,

they can be reported on until nearing retirement.

Hardly fair when someone is trying to pay debts off rather than declare themselves bankrupt

and it means we can do nothing which requires any credit check (including never being able to move!!!!).

 

 

It is a load of rubbish to say that it shows a debtor is doing the responsible thing,

it may not affect credit etc which I have read about.

 

 

They are as bad as a DF, but stay for much longer.

 

 

Anyway, following a letter and subsequent phonecalls,

Barclaycard have removed them from my credit file :-D they have gone!!!

 

 

So they can be removed, depending on who the OC is.

 

 

Barclaycard called me within 24 hours of receiving my letter;

on the other hand,

MBNA have written to say that they've assigned my complaint to someone

and hope to contact me again by mid-December.

Not such a great response.

- BlondieGirl

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Barclaycard put AR/AP markers on for a credit card 8 years ago.

 

 

The account never actually defaulted

 

 

when i challenged this

 

 

Barclaycard told me these markers did not put me in a more disadvantaged place

rather than someone who made no effort to pay.

 

 

so i gave up.

 

Are the AP/AR markers still showing?

- BlondieGirl

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I have started to receive lots of paperwork following my SAR. Quick question! Although I'm not sure there's an actual answer. An awful lot of it is in 'code', different formats and abbreviated which would mean something to the OC but not to me. Any pointers as to where I should start looking and what I should do with all these reams of paper? Thanks.

- BlondieGirl

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scan up sar narrative minus pers details and any interesting/ important docs

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 1 month later...

Rather than go through rubbish Stepchange,

I intend to leave Stepchange and make payments to creditors ourselves.

 

 

But, will making these individual payments hinder our possible mortgage application in a few years??

 

If we start making eg, £1 payments to a creditor, these will show on our bank account.

 

 

If a mortgage provider scrutinises our account and sees payments like this to creditors, will it ring alarm bells/raise questions?

 

 

Some of these debts have vanished from our credit report and I was just hoping that they stay hidden.

 

Thank you for any advice offered :-)

- BlondieGirl

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By the time you apply for a mortgage, will these debts be repaid ?

 

At the present time, lenders are looking for at least 2-3 years with a good credit history before parting with any loans !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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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Hi, thanks for the reply. No, these debts won't be paid off for a long time.

 

 

However, they're not all showing on our credit file.

I don't necessarily think we will want to borrow more,

we may have to accept renting a bigger house and changing our mortgage to a buy-to-let type loan

and rent our house out because I don't want to sell.

 

We got into this trouble in our 20's when we were living in a small house.

 

 

Now in our 40's with 2 kids in our small house, we need to move.

 

 

The only possible way we can do this, is to rent a larger house because I don't believe we'll get a bigger mortgage.

 

Thanks :0)

- BlondieGirl

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Ah righto, well I don't actually see you having any problems coming away from stepchange.

 

If you have a lot of debts, then you will need to be organised - keep each "creditor/Debt" in a separate file. I designed a spread sheet for when I was dealing with ours in order to keep track of payments/letter sent/received etc. It made life a lot easier.

 

You will need an up to date statement for all your creditors from Step Change before you start dealing with your creditors. Then take it from there.

 

Have you done all the reclaiming of charges/ppi and checking the agreements, etc ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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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Hi, I have been attempting to sort our credit files out for a long time.

I assumed that if my bank looks at our account if we try and change the mortgage

and see payments to CCCS/OCs they will know about all the debts

(which aren't showing on our credit file).

 

I have posted on this site under separate debts and so far,

I have written to each creditor.

Some have agreed in writing that that the debts aren't enforceable (I intend to pay them £1 a month).

 

 

Some have sent copies of the signed agreement to me (MBNA).

I have sent SARs and have a mountain of paperwork for each account in reply.

 

I wrote to Barclaycard who actually agreed to remove my account on my credit file (yipee)

and I now have a battle with MBNA to do the same.

 

 

They have declined and report that each account is in arrears.

I have written to them to say that I actually have broken the arrangement with them (I couldn't afford what they stated I had to pay)

, which would place the account in DF.

 

 

I have also said that they can DF me after a time of being in arrears.

They'll be reporting on me being in arrears forever more which is not helping!!

 

I basically have to:

* post a copy of these signed agreements to my separate threads to see if they're enforceable;

* try and make sense of the jumbled coded info that they've sent following SARs;

* reply to MBNA to state that I disagree with the decision to not DF me

* write to the ICO about MBNA and the way in which they report me as being in arrears when I have broken the terms of the arrangement

 

It's so stressful lol!!

- BlondieGirl

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MBNA are probably one of the worse for not reporting to credit files - I think whilst you are paying them even £1.00 they will continue in this manner. It makes a mockery of the system IMHO.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

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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Well, if by some miracle, I can get our credit reports changed like I did with Barclaycard, does anyone know if a mortgagelink3.gif provider will scrutinises a bank account and see payments like this to creditors/CCCS, will it ring alarm bells/raise questions?

 

Or is it better to pay them through a bank even if it's a hassle so that it disappears from our bank account as some of the debts have from our credit reports?

- BlondieGirl

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Hi BlondieGirl

 

Information below from Citizens Advice CABmoney on self administering your own debt management plan (including changing from a provider)

 

https://nedcab.cabmoney.org.uk/dmp.asp

 

http://cabmoney.org.uk/

 

Administering your own DMP is becoming much easier and accessible for those who wish and feel confident enough to manage their own plans or have little other choice

 

Creditors should treat you the same if you self-manage or go with a provider with the FCA treating customers fairly initiative (TCF) now coming into play also

 

http://www.fca.org.uk/static/documents/consumer-credit-being-regulated-guide.pdf

 

Hope this helps some

 

Best Wishes

 

W

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Hi W, thanks. We've been on a plan for over 6 years so I know how to do it :0)

 

I am trying to find out if it will harm us if our bank account shows (albeit small) payments to credit card companies/DCAs (as opposed to a monthly payment to Stepchange) if we were trying to change a mortgage. Most of the debts have now dropped off our credit report so a mortgage provider won't see them. I'm not sure if they'll question every entry on a bank statement hence my question.

- BlondieGirl

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get yourself an additional basic bank ac and make the payments from there just to be cautious

 

certain companies offer bTL mortgages with little/no scrutiny

 

they are basically a business loan, subject to LTV and rental assessment

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thank you theoldrouge. I will sort out a basic a/c somewhere and pay some cash into it.

 

I haven't looked into btl mortgages in any great detail so that's good to know we may be eligible for one. The ltv would be pretty good because we now have quite a lot of equity and renting it out wouldn't be a problem either. The future might be looking up after all lol (except for the flippin arrears markers with MBNA)

- BlondieGirl

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