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    • usual game by erudio in that the last confirmed deferment was about 2011 but erudio didn't issue a DN until some 5yrs later  so i was thinking of:    alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   as we know drydens will claim thus its not SB'd.   sadly this case is somewhat complex in that there was some confusion by the OP upon this being paid off already, so had before they came here filed a defence stating such.    once the story was fully relayed, but which remains somewhat confusing still,  and things sorted out, it transpired this was for an honours student loan settled through Link/Thesis etc and nothing to do with the ones sold to Erudio.   it also transpired that a deferment direct to the SLC before 2013 sale, did not actually happen and SLC kept the details awaiting the OP to resubmit it, which never happened. this resulted in SLC taking payments because the Op's account was in arrears, this also latterly enabled Erudio, without permission nor any contact, to use the existing SLC DD to take payments in 2014 i think. which should not have happened.   i think thats it in a nutshell.    
    • Hi, I just wanted some advice from anybody who may have had a similar problem or might know what's going on please? Last March, just as this pandemic took hold my  husband lost his job. No furlough, no redundancy pay or anything. Just finished. We knew nothing about claiming benefits but we managed to put in a claim for JSA and then UC (they just deducted the JSA from anything we were entitled to from UC) Anyway, later in the year, I made a claim for carer's allowance as I am my mums full time carer. She receives attendance allowance. I waited several weeks to hear anything back but the claim was successful and I reported this to UC. My husband got a job again in August. This too was reported to them and his earnings meant that we received very little or nothing during that time. He then lost this job in December yet again due to covid and again we reported this and he again claimed for JSA. He got another job in January and again told UC and JSA. We received pretty much nothing and the last payment we did receive, they deducted everything that was left for a tax credit over payment that we apparently owe from previous years. We have now received a letter in our journal saying that we have had an over payment due to back pay of carer's allowance that I received last year after all the weeks of waiting. Fair enough, I don't really understand still how all of this works as we have always worked but they told us before that all earnings etc and things from DWP get reported to them anyway so they knew what carer's allowance I had recieved. I then replied to ask if we can set up repayments for this and we then had another letter in the journal saying.. DO NOT IGNORE THIS MESSAGE We are carrying out a review of your information, and so I need to speak to you BOTH about your universal credit claim. We'll be checking a few details with you on this call to make sure you're entitled to universal credit. You might also be asked to provide additional evidence but we will discuss that on the call. If we can't get in contact or speak with you, your claim will be suspended and ultimately closed. There will likely be an over payment and this will be recovered from you.   This seems a bit serious is there anything I should be worried about? Or is it purely just a review to maybe close down the account now that my husband is back in work and earning more money? It doesn't mention the over payment so I am not sure if it is about that or not but my husband suffers very much with stress and anxiety and now he is panicking over this because he thinks that they are going to make out we have been up to something when we most definitely have not. Admittedly, we have struggled with it because we have never claimed before and not been able to attend any face to face appointments etc but as far as I am concerned, we did everything asked of us. The only other thing is that I now have £2000 in the bank sitting there as we are in desperate need of another car as this one we have is on it's last legs but I was told you only need to declare £6000 and over. Any advice or anyone had the same please? Pretty confused. Thanks.
    • Using miley_b ob 's great letter as a template, is the below along the right lines:   Dear Civil Enforcement (CEL) Limited   I write in response to your Letter Before Action - Claim for Debt , which I have received in relation to PCN Number: ?????, you have issued in response to a case I have explained is baseless.   I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Expecting me to pay you a baseless fine for not entering my cars registration details amounts to extortion. You already have my £2 for parking in your car park, a fact I'm sure you realise due to the fact you own all CCTV in the carpark. I would also reference the fact that the parking meter that issued me a ticket without entering my registration has since been fixed, which shows that you are fully aware of the problems it has caused.   You have also scored a big own goal by adding a £82 admin fee. Presumably, this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he?   You can either drop this foolishness now or get a good spanking in court. The choice is yours.   Hopefully we will not be speaking again,   xxxx
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    • 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.
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Hi, 

 

I'm new to this forum and hoping for some advice!

 

I have various overdraft, credit card and loan debts, which are all a bit of a mess:

 

Barclaycard (2 cards) = £14,000 (1 card suspended, but not in arrears)

Lloyds CC= £3,800

Tesco CC = £3700

Natwest CC = £650

Natwest Loan £17,000

Natwest OD = £1,400

Halifax OD = £1,500

 

Currently, I have not missed any payments, but I'm reaching a point where these debts are becoming unmanageable. I have just about kept up with repayments but now all 0% have ended and minimum payments are increasing making it impossible. 

 

I am considering a debt management plan... Reading through other people's experiences, dmp's seem to have mixed opinions and I'm also unsure if I should use a company like Step Change or Payplan whether I'd do better approaching the various creditors myself.

 

My wife also has debts, but much less (approx £10k and up to date, but struggling). Is it prudent for us to both start a dmp, or will that effect our long term plans if/when we want to remortgage/move down the line? (i know it'll be 6 years after default before these will disappear from our files).

 

As it stands, my min payments next month are approaching £1k, which is absurd. What kind of level of min payment would I expect to pay in a dmp?

 

Also, there seems to be a lot of advice on obtaining CCA's. At what point should I be asking for these, or is this something best left until the debts are inevitably sold on?

 

Sorry for the multiple questions!

 

Thanks in advance,

 

A

 

 

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Hi 1983 and welcome to CAG

 

Bear with us as it gets quieter here over the weekend.

 

CCA requests will not be appropriate for the bank account overdrafts.

 

Before further suggestions are made about CCA requests from the creditors, can you give us approx opening dates for each of the 5 CC a/c's and the bank loan a/c.

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yep.

 

if all these are still owned/with the original creditors and you are not paying any powerless DCA's 

then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.

 

our pro rata letters are the way to go

you'll find those in the debt collection section of our library.

 

get any income payments on going or otherwise moved into a parachute A/c.

 

it is most probable that whatever you do most A/c's will be defaulted once this is done if not already.

bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.

 

just be aware that no DMP providers will ever question enforceability, should that be relevant. 

 

 

  • Thanks 1

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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Thanks for the quick replies and advice!

 

I need to check the dates of these cc's, but i'd estimate:

 

Bcard1 - 2001

Bcard2 - 2007/8

Lloyds - 2015

Tesco - 2016

Natwest - 2003

 

The loan was taken out in 2019.

 

Regarding enforceability - this is part of the reason I want to manage any plan myself - I don't want to be cash cowed.

 

I will open a parachute account this weekend, outside the RBS group and move dd's to this account! 

 

Seems scary to just stop making payments, but I agree, the sooner the defaults are applied to my file the better. 

 

I haven't taken advantage of the covid payment holiday on the loan, but i assume that would be fruitless for the same reasons - can Natwest insist I take this to avoid defaulting the account

 

Thanks

 

A

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just be aware that some DD's give their takers the chance to get what they want when they want

standing orders and or manual BACS transfers might be better.

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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IMHO i would never have a DD setup for any consumer credit debt.

they are not a priority, like mortgage/rent/CTAX/Gas/Electric.

 

this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.

 

it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.

 

it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.

  • Thanks 1

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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Share on other sites

Hi guys.

 

Ok - so since I was last here I have set up a new basic bank account, which my salary and priority dd's will come out of from March.

 

Just wanted an opinion on a couple of thoughts I've had -

 

1) I have just agreed with my mortgage provider a 3 month covid payment holiday, which will help for the short term - however, I have an overdraft is with this bank. Am I causing a problem if I contact them now about my financial situation, or should I leave it until the holiday ends?

 

2) My salary has recently come down, which is a contributing factor to my plight - However, my income over the last few months will not reflect this. On my budget sheet, I have put in the new ongoing i and e. 

Is my bank likely to turn down my request of freezing interest etc. on this basis? They can see what has been coming in and going out. I'm concerned they'll think I've been creative with my income sheet?!

Or can I simply refer to this new situation in the pro-rata letters?

 

Thanks again.

 

A

 

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Put money away for the mortgage beginning now. So you have a good buffer when things restart

 

as for the OD follow the pro rata route but if they wont help you then drop them to £1pcm (letter 2).

 

stop worrying about what the banks might think of your offer.

Its your money..take control.

 

  • Thanks 1

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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  • 2 weeks later...

Hi guys. Having spent a few days reading countless threads in this forum, I’ve decided to just stop all payments in these unsecured debts in the hope it leads to quicker defaults.


I’ve started an emergency fund which I hope to build up considerably over the next few months by withholding all payments (unsecured).

 

I’ve created letters to send to creditors with my pro-rata offers ready to go. However, I get the impression I might be better off holding onto these until I’ve missed a couple of payments (again trying to expedite defaults). 
 

Does this seem like a good plan, or am

i overcomplicating it all?!

Edited by a1983
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Default markers are best rather than AP (arrangement to pay) markers ...at what speed they will issue default notices will vary...but as each company write and inform.....create a file for each and retain all paperwork....especially the DN.

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We could do with some help from you.

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