Jump to content


  • Tweets

  • Posts

    • Well I'm just butting in on this thread and I don't really know at all what's going on – but what I am certain of is that if you decide to take a legal action against somebody – it means that you have a plan to do so. This means that you understand the route, the threat you are going to make, what you are asking for, and when the deadline for the threat has expired then issue the action – no delays, no discussion – nothing. So I understand here that you not even sure who you are going to sue. This means that effectively you may not even have sent your letter of claim to the correct party.
    • Yes BF. I was about to issue that evening before I wondered whether the summons should actually be issued to them (Barclays Partner Finance at their head office) or to Clydesdale who own them? Or even to Barclays  as the owners of the groups. Thing is, I will issue as soon as I know and they have had a few more days grace if they think an NBA during Covid should allow more time.  
    • Johnson and Gove must think that Scottish independence is a certainty and Irish reintegration in the EU very likely - and they dont give much of a monkeys about wales Knowledge of Scotland not essential for government’s new ‘union unit’ jobs https://www.independent.co.uk/news/uk/politics/scotland-uk-union-unit-jobs-gove-b1800250.html   "The job ad at Michael Gove’s department demands candidates “demonstrate good political judgement” and have the “credibility to build a strong network of relationships across Whitehall”. " "However, it states that “understanding of policy issues relevant to Scotland, Wales and Northern Ireland” is only “desirable”"
    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

After13 defaults, i am paying £1 per month to each credit card, what happens after 6 years?


Please note that this topic has not had any new posts for the last 2215 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello, this is my first ever post!!!! I am looking to clarify some information i have heard please if anyone can help.

 

I got into and am still in a big financial mess due to long term ill health and not being able to work.

I had 13 credit cards and 4 bank accounts that all defaulted about 2 years ago. They are with all the main institutions... Halifax, RBS, MBNA , Barclaycard, HSBC etc. I have standing orders set up paying them all £1 per month, as advised by the debt charities i spoke to. All have frozen interest and charges, and have not sold on the debt due to my ill health.

 

This is what i want clarity on please:

1. After 6 years, I understand all info relating to those cards disappears from my CRA files, but what happens to any debt still left unpaid? Does this just get written off? Clearly at the rate of £1 per month, in 6 years, only £72 will have been paid off of each card!

2. is it a good idea to continue paying £1 per month for all this time?

 

Thanks you all in advance.

Edited by panda51
spelling mistake
Link to post
Share on other sites

Hello,

 

Thanks for your email.

 

My situation is a lot more complicated that just this, but i didn't want to confuse things.

The credit cards are the one area I have 'dealt' with for now, with the £1 per month payments... so i wanted clarity on that first please if anyone knows.

 

The total debt on these cards and bank accounts is approx. £130,000.

 

(I have Residential house and 4 buy to let properties, so 5 mortgages in total, but the monthly income from these does not cover the monthly mortgages, and overall all combined together ( total property values minus total mortgages), there is a huge amount of negative equity.

I have no earned income due to ill health.).

Link to post
Share on other sites
This is what i want clarity on please:

1. After 6 yearslink3.gif, I understand all info relating to those cards disappears from my CRA files, but what happens to any debt still left unpaid? Does this just get written off........

re this question. no, they dont get written off after 6 years. its only the recorded default that goes.

 

130 is alot at just 1/mth. at some point they'll prob start going further to claim back.

is there any missold ppi/packages to be claimed back?

IMO

:-):rant:

 

Link to post
Share on other sites
Hi,

 

Unfortunately there is no missold PPI

 

ok

need to take stock.

maybe due to ill health they might do something, eg write off, wld need a letter to request that. but, as there is property...?

another option is to consider cca requests to see what documentation they have. if nowt else to lose, maybe worth doing?

have you been to the likes of the cab/nat debtline?

IMO

:-):rant:

 

Link to post
Share on other sites
Hello Ford,

So are you saying that after 6 years, even though it no longer shows on my credit file, the card companies can still sue me, ....?

 

 

yes, depending on the circumstances.

IMO

:-):rant:

 

Link to post
Share on other sites
hmmm... forgive my ignorance, what is the purpose of a CCA request?

....

 

to see what documentation they have. if they dont have any required documentation/cant satisfy a cca request things maybe different in yr favour.

have a read around threads, see what you think

IMO

:-):rant:

 

Link to post
Share on other sites

Ok i will look.

Thank you so much for your help.

 

Do you think requesting this will annoy the card companies who for now are accepting this £1 per month?

I dont want to rock the boat, til i work out what i can do....

Link to post
Share on other sites

The bigger picture - (I have Residential house and 4 buy to let properties, so 5 mortgages in total, but the monthly income from these does not cover the monthly mortgages, and overall all combined together ( total property values minus total mortgages), there is a huge amount of negative equity.

I have no earned income due to ill health.).

They class this a business debts i believe, where do i go please to get help with this?

Link to post
Share on other sites

you have your own ppty, which may be subject to if the situ arises.

what are the accounts, business or personal?

are the other ppties under a separate company?

IMO

:-):rant:

 

Link to post
Share on other sites

 

Do you think requesting this will annoy the card companies..

 

 

it shouldnt do, is a stand alone statutory right. if such a request results in adverse action, then shld be a reason for complaint.

IMO

:-):rant:

 

Link to post
Share on other sites

Ford,

My residental property in has a little bit of equity- maybe 20000. 2 of my buy to lets in England also have a bit of equity, say 30000.So i maybe have 50000 equity in total.

I have 2 great tenants. i am paying these 3 mortgages, no arrears. The rent on these 2 buy to lets covers all 3 mortgages. If i just had these i would be fine.....

 

However the big problem is i have 2 buy to let properties in Scotland... these are with lenders closed to new business so on 4.85%, cant remortgage as there is negative equity of a large sum ( in region of 100000 each property), and of course, I have 17 defaults. The mortgages alone are 2500 per month and although fully rented, the there is a huge shortfall per month of over £1000 per month... i would love to get rid of these, but i cant ...All owned in my name, no limited companies.

 

I did struggle to carry on paying these, which accounts for alot of the huge credit card debt...

Its a mess...

Link to post
Share on other sites
Ford,

My residental property in has a little bit of equity- maybe 20000. 2 of my buy to lets in England also have a bit of equity, say 30000.So i maybe have 50000 equity in total.

I have 2 great tenants. i am paying these 3 mortgages, no arrears. The rent on these 2 buy to lets covers all 3 mortgages. If i just had these i would be fine.....

 

However the big problem is i have 2 buy to let properties in Scotland... these are with lenders closed to new business so on 4.85%, cant remortgage as there is negative equity of a large sum ( in region of 100000 each property), and of course, I have 17 defaults. The mortgages alone are 2500 per month and although fully rented, the there is a huge shortfall per month of over £1000 per month... i would love to get rid of these, but i cant ...All owned in my name, no limited companies.

 

I did struggle to carry on paying these, which accounts for alot of the huge credit card debt...

Its a mess...

 

ok. try not to worry.

your ppty (ie poss charging orders if a ccj) maybe in issue in the long run. but that seems a way off for now.

have you consulted the cab/national debtline?

IMO

:-):rant:

 

Link to post
Share on other sites

Yes i went to see CAB in person. Spoke to national debtline, and business debt line last year, cccs...

Its complex they all say... as it is treated as Business debts ( outside of remit of CAB, NDL)

Also with 2 of the properties in Scotland, it is further complicated.....

 

The mortgage company for the Scottish properties have not yet repossessed... I am in huge arrears. Lender is the TMB, based in England.

The reason they have not yet repossessed is due to huge admin cock-ups on their part, which have bought me time... eventually they either will, or i have to try to sell myself, but either way there will be a shortfall over over 200,000 - if not more .... 270000 if dont get mcuh for them

 

So with the credit card debt and this, it will be well over 330,000 i owe, maybe 400000.

 

So... i dont know what to do.

I apparently cant do a dmp as i have no disposable income....only income is the bTL income..

Same with IVA at present.... #The only light as the end of the tunnel is a possible lump sum IVA as my parents may be willing to give me some money to do this...

Does you or anyone else know much about these, and also if there is any way i can save my English properties!!!

Link to post
Share on other sites

does sound tricky. dont know what you shld do either. though am thinking of bankruptcy, but dont know your full circumstances.

surprised the cab etc cant help you!

if your illness is permanent, the creditors might take that into account and be able to do something?

yeah, no point in a dmp if no income.

imo, without your parents.

IMO

:-):rant:

 

Link to post
Share on other sites

I know is a toughie but.... Have you checked Noddle to see what the current state of your CRA is through Callcredit?

Who are the CCs with? Original Creditors or DCAs?

 

Can you list all the creditors below and how much is owing to each?

Yes this is tough, but I think that we can truly understand how bad it is.

Also we wont judge you, we are here to help :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...