Me and lots of old debt

[hamadryad]

But if, as I suspect, I come into some money in the near future surely they could say that I should pay them more.

 

And if I did get a job, then surely they could legitimately say that I should pay them more.

 

If I was bequeathed something, as my mate did who was bequeathed a racehorse, then couldn't they say I should sell that to fund the debts?

 

There are so many questions. I won't speculate about what I may, or may not be lucky enough to benefit from, but it's a potential and for sentimental reasons I would not wish to be forced into losing something!

[dx100uk]

I know like me you are 'old school' shall we say..pay what I rightly owe...

 

 

however most of these debts you have probably paid several times over in interest etc already

and you probably got PENALTY [late/letter/return dd] etc ] fees levied too.and PPI to reclaim

if push came to shove too.

 

just remember debt in this country is CIVIL not CRIMINAL

and DCA's are NOT BAILIFFS they have NO SUCH POWERS.

 

no-one not even a judge can force you to sell anything to repay a civil debt.

[SabreSheep]

Also bear in mind, whether they know where you are or not. They *WILL* more than likely apply for a CCJ using your last known address if you do not update them.

 

Without getting the paper work you WILL get a CCJ against you by default. As you failed to update your address getting it set aside at a later date will be difficult OR impossible.

 

That then means they have at least another 6 years to reclaim the money and then using the CCJ they can then move to enforcement.

 

Please consider the impact of burying your head in the sand. *IF* any claim forms arrive, we have people here that can help you. Getting those CCAs off and looking for reclaimables with SARS gives you the TOOLS to fight back..

[hamadryad]

Hi Guys,

 

Thanks for that. My gut feeling is to tell them where I live and deal with the letters as they arrive.

 

I do want the monkey off my back though, and my feeling about telling them not to call & why is still there.

 

I do not want the courts involved at all, so I'll send letters off today advising them of my new address.

 

The matter may very well be resolved this year anyway.

[SabreSheep]

Had a quick look over your list.

Any credit cards before 2007 might be unenforceable if they lack a original agreement.

Now unenforceability does not equal debt write off but does mean all they can do is write to you.

 

The CCA requests for credit card and loans may give you a clue.

 

With your letters to them.

Ensure you start with no debt is recognised to you or your company.

Just to protect the Statute Barred clock.

 

In regards to the sad situation at home with your wife.

I am sorry for what you are going through.

It must be tough.

Dealing with the debt and your wifes illness.

 

Please make sure you look after yourself so you can look after her. If it feels too much please talk too your GP if you are not already doing so.

 

Few things of note.

Unless you receive a county court claim form dealing with the deforestation is done on your time scale!

 

None of your creditors are going to know if you come into money.

Nor do you have to declare it to them.

Only to a court IF they get a CCJ.

Even then you have 28 fays to pay it and it will not get registered.

 

I Hope this helps

[hamadryad]

Hi Sabresheep,

 

Thanks for for your concern, but my wife & I are no longer together. To elaborate, I am single now & have been since Oct 2009. I'm just living with the financial penalty of it. Not all cancer's victims have it!

 

I have been paying the debts, at various levels since my chat with, (and I/E forms from), the CAB so I am not sure I can say the debts are either unrecognized or unenforceable. My understanding may be 'off' though.

 

The letters will go out today & I will head the text as you suggest. I know I will get plenty of mail as a result, but at least it's all above board then. Perhaps, since I have never missed a payment to them, they have not pursued me since I've been moving around.

 

So, I propose to:

1. Tell them where I am, to keep them 'informed' and minimise the risk of a CCJ.

2. Tell them why I am where I am, (sole, live-in carer for my Mother who has Alzheimer's and is therefore a 'Vulnerable Person as defined by the Mental Health Act 2007).

3. Tell them that the only contact is to be by letter, because of the above.

4. Make them respond to the CCA requests, to define exactly who is responsible for the debts are if they are enforceable.

 

Your thoughts are greatly appreciated.

 

Incidentally, If I did manage to get a reasonably well paid job, do I have to tell them?

 

Thanks in advance

[SabreSheep]

Ok if you are still paying them you do have a point there. Thats the problem with me reading things when I just wake up lol.

 

As for job issue, again, no, but a court can demand that if it went to court.

[hamadryad]

Good morning then!

 

I have attached the letter I propose to send them advising my new address. Your comments would be appreciated.

 

Dear Sir,

 

Since I last contacted you, advising you that I had lost my job, I have been staying with family and friends in order to maintain a ‘roof over my head’. I am writing to you now to advise you of my current address.

 

Please take note, however, that the reason I am at this address is to be a live-in carer for my mother who has advancing Alzheimer’s. She is defined as a Vulnerable Person under the Mental Capacity Act 2005 and the Mental Health Act 2007 and therefore must not be caused concern, upset or distress.

 

Clearly telephone calls to the home number would cause great confusion and distress. You are therefore given notice that you, or your representatives are not to call the home number at any time or for any reason. Should you do so, this will be construed as a deliberate attempt to cause upset and distress to a vulnerable person and suitable remedies will be sought and pursued with vigour.

 

It therefore follows that any and all communication with me shall be in writing and I am perfectly prepared to respond to you this way. However, please be advised that my mother, in not understanding what the letters are about, may very well dispose of them as she has done with others in the past. You are hereby advised that while you may have posted a letter to me, there is a distinct and real possibility that I may not get it. Therefore be advised that, for the sake of expediency, all correspondence should be by email. That way you will know that I have received your communication, and my mother cannot dispose of it.

 

There is an implied licence under English Common Law for people to be able to visit me at my home without express permission; the postman and people asking for directions etc, (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. Per Lord Evershed MR).

Please take note that I revoke said licence under Common Law for you, or your representatives to visit me at my home.

Should you do so, this will be deemed a deliberate attempt to cause distress and upset to a vulnerable person. Further, you will be liable for damages for a tort of trespass. In both circumstances action will be taken, and in the case of causing distress and upset to my mother, will be pursued most strongly.

 

Please be assured of my best intentions, and note that I look forward to receiving your acknowledgement in due course.

[SabreSheep]

You might want to add "And remove the phone number from your records. The phone is owned by xxx and I am not authorized to answer or use it."

[hamadryad]

Thank you,

 

At least I know now that I have no overstated my point.

 

It is a shame that the solicitor I have used before is now retired. She was known to be quite direct and forthright with those that crossed her professional path!

 

Anyway, the letters will go out tomorrow am.

 

Do you think that if I do get a job, I should re-instate the original agreed payments, or just leave things as they are?

 

Thanks again

 

H

[SabreSheep]

Think DX suggests what you should do in #20 and #22

[hamadryad]

Do you mean stop paying them entirely?

 

If they suspec ted that I'd landed a job, and I'm looking still, then they'd be in court for the money asap is my guess.

[hamadryad]

I certainly plan to CCA all of them in the days & weeks that follow, the better to define exactly who holds what cards.

 

Then if I do realize a bequest, then I will know exactly what to offer who.

 

I may be nearly 62, but I'm by no means old and I really REALLY want this monkey off my back!

 

Too much and too many things to do to have the legacy of my past generosity haunt me for much longer!

[dx100uk]

you offer nothing to no one if they fail the CCA request

[hamadryad]

OK! Thank you

 

H

[Carlj021]

you offer nothing to no one if they fail the CCA request

 

Hamdryad apologies for using your thread but I have a question ref dx point.

 

DX

 

If the DCA fail the CCA but then pass the debt back to the original loan or CC compaby and they produce a CCA what is the likeliehood of them producing a CCJ if I stopped payments?

 

Thank you to both

[hamadryad]

Hi Carl,

 

My guess, and it's just a guess, is that they would try to insist on your liability for the debt and in the event you continued to withhold payment, they could justifiably pursue court action.

 

Personally, I had a payment plan, as laid out by the CAB, and was paying that right up until I lost my job. I told them of the circumstances and put the payments down to a much reduced figure. I'm still looking for a job, and I'm hopeful, so I may reinstate the payments, thereby demonstrating good faith. They then cannot realistically pursue legal action.

 

I had kept all the letters etc, but I have the detailed record of all my payment via the bank.

 

Incidentally, the CAB advised me to get another bank account which was disconnected from any of my other accounts. Good advice, I though!

 

H

[Carlj021]

Thank you H,

 

My situation is one that I have been paying a moderate amount to many (10) Loan and credit card companies

under an arrangement since about 2008 now.

 

 

Had I gone IVA hopefully it would have now disappeared.

 

 

I decided to do my own self help and agreed a monthly sum to each prorata that I could afford.

 

 

I'm on the opinion that I have probably now paid off the original amount I borrowed albeit without the interest

and so think enough is enough and if I could stop paying them as a result of them not providing a CCA

then given my arrangement has been in place for over 7 years

I would say my concious is clear if I didnt have to pay them anymore.

 

Wish I had discovered this site years ago

[hamadryad]

Hi,

 

I found it, but lost my job so couldn't get myself into the position you're in! My guess is that you have paid back the capital by now, or nearly done so, so could justify not paying them any more.

 

The CCA should provide details. If not, sign up to Noddle. I did and can define exactly what I owe my creditors!

 

It's free, my favourite price, and the response is almost instant!

 

Good luck

 

H

[dx100uk]

well you get the CCa checked here

then we deal with each debt in an individual basis under its own thread

 

each debt is diff and it wrong to generalise.

 

but there no getting away from the underlying phrase of no CCA = NO pay.

 

but it not 'that' simple.

 

esp where the debt is still with the OC.

 

dx

[hamadryad]

Hi Carl,

 

I thought I'd already posted a reply but it seems to have gone adrift!

 

I discovered this site as a result of chatting with the CAB. Glad I got in with them when I did too 'cos they shut up shop, at least the chap I was working with left.

 

I'm not too far off retiring age now, so jobs are quite few & far between, but hope springs, as they say......

 

I will keep up what payments I can for the forseeable future, but if I hit 65 and am still looking, they can go swivel!

 

After all, they can squeal and whine all they like, but they can't have what I don't got!

 

H

[Carlj021]

H,

 

Many thanks for the reply any.

 

Dx

 

I will take your advice and post when responses are received - spent the evening doing the letters for the CCAs, got the postal orders today at a cost of 50pon top of the £1 for each postal order - the cheek of the PO. Ive even made a record of which postal order has gone in with which letter (10 in total)

 

Will keep you updated under a separate thread and apologies again H for jumping on yours.

[hamadryad]

Hi,

 

Mine went today too.

 

I got the list of the recipients and the reference Nos from the bank details, so I know that 4 of them are the originals

 

The other two are DCA's & I'll be very interested to see what they have to say!

 

As you say.....No CCA, no pay!

 

H

[dx100uk]

it might be worth both of you too....

 

 

once each CCA reaches its 12+2 working days dead line

 

 

start a new thread for the debt in the forum of the name of the original creditor

and update us

else it will get MIGHTY confusing all in one thread

 

 

the main forum tab is top left

 

 

off that find the OC's named forum

click that

click post a new thread

 

 

dx

[hamadryad]

I'll do that dx. Thanks for the advice.

 

As 'they' say.....nolli illigitimo carborundum!