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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report?   The three I have with the May date are moot anyway as either way they are gone - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August so I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they.   I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc?   I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's.   Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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Start of my journey - +£70k debt


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Hi everyone,

Firstly quick background I owe about £60k all in unsecured thankfully.

The largest is to Nationwide £22k

rest is split amongst various loans and credit cards.

Halifax

MBNA.

Only one other is above £10k just.

My fault entirely fantastic job changes to mediocre one.

Trying to keep head above water and latest bill increases have caused me to take control of my past idiocy.

Home is in joint names no loans on car.

These accounts are all only a few years old all in my name.

Am I right in thinking

1. Create a parachute bank account.

2. Allow the accounts to default.

3. Wait for them to be sold or legal action started.

4. Request the CCA's

5. Then decide payment plan etc if applicable.

Do I only make contact if I receive a claim form etc. 

Do you then make payment arrangements etc if I feel it and they supply the CCA's?

Thanks very much in advance

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Welcome to CAG
best to list each debt and when account started individually for better advice
Your certainly along the right lines on your general understanding

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Welcome to CAG, another great first post! :)

 

Yes, list all debts as there could be something else worthwhile depending on what info you provide us.

 

I agree you're definitely on the right track, a couple of notes to add to your already decent understanding though:

Once defaulted start pro rata payments at £1 PCM

Only once a debt is sold should you CCA

 

BT

  • Thanks 1

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

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7 hours ago, Badtimes123 said:

Only once a debt is sold should you CCA

if the debt is seriously old from takeout date say 10yrs+ , then CCA regardless as long as it's covered by the consumer credit act.

if its an OD i would seriously consider an SAR and stop any payments if its opening date is that historic

 

this 22k nationwide one concerns me the most..

 

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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Yes it's a big one. Luckily it's not secured.

 

Would you let it default and see what the postman brings?

 

Thanks for your advice

 

Missing information as promised

 

Credit cards

 

MBNA £7000

 

Halifax £8000

 

PayPal credit £5000

 

 

Loans

 

Nationwide £22000

 

Shawbrook £9000

 

Hitachi (Novuna) £6000

 

Post office (Bank of Ireland) £10000

 

Creative Finance (CURRYS) £4000

 

Sorry it's actually £71k I added wrong, good god.

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and the dates the various accounts started? seems to be a lot of loan accounts were they all taken out around the same period of time?

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi,

Most of the loans were taken out during 2021. The Hitachi one was the start of this year 2022. Mbna 2017, Halifax 2019.

 

Thanks 

 

Do just to confirm a few things :-

 

1. Don't speak to them on the phone.

 

2. Pretty much ignore letters.

 

3. Safety save everything  in folders (I usually take photos and keep important letters). Especially official notices.

 

4. If I get a letter before action post it up. Would you then consider pro rata payments if it's a large amount and CCA is supplied or wait for PAP to be adhered too?

 

My employment would not be affected by CCJ's luckily.

 

Thanks again all for your help.

 

I know it's a long road but I slept much better last night. 

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Glad you slept better! :) that's a good sign as you are taking control.

 

1 - yep, letter only comms

2 - All EXCEPT a letter of claim, but return to CAG if you're ever unsure about a letter

3 - yes definitely will help

4a - If you get a letter of claim <-- click and follow post 2

4b - Guidance here suggests starting pro rata payments as soon as the account defaults

 

Lastly, spend a few evenings reading up threads on CAG so you get even more comfortable with what's to come

Edited by Badtimes123
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CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

 

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seems to me 51k in loans in one year is verging on irresponsible lending, unless your income at that time warranted it
the two to be most wary of are as dx says Nationwide and imo Bank of Ireland 
Organise your parachute account asap
You need to be careful being a home owner
Are all the debts in your name only?
 

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  • dx100uk changed the title to Start of my journey - +£70k debt
  • 1 month later...

Just like to give a very brief update.

 

Firstly Shawbrook are a persistent bunch over 5 letters and 16 calls none answered.

 

Secondly Post Office (Bank of Ireland) have started ringing a company I used to work for over 3 years ago. I wouldn't have given them the number as I didn't work there when the loan was taken out. Really not happy about this at all as I never gave it them or told them I worked there. My friend forwarded a recording of it to me.

 

I opened another bank account just to be safe. Neither NatWest or Coop would let me open one this was at the beginning. Luckily HSBC would not trouble at all. 

 

That's about it so far

Edited by Mr Ploppy
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you must have put where you worked on the agreement.

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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simply to try and pressure, harass embarrass and intimidate

thats all they can ever do.

 

 

 

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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As I said previously Bank of Ireland are one to be very wary of

Start researching CONC in regards to debt collection 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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Another brief update. Today I received a Default Notice from Novuna. They were quick but at least it will stop the amount increasing.

 

It seems compliant has the latest notes on etc. Dated 28th July arrived 5th August, action required before the 18th. I'm assuming it's 3 working days for 2nd class post.

 

Once it's defaulted should I write to them offering token payments or sit tight?

 

Thanks in advance.

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Yes you can start the pro rata process.

 

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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Share on other sites

So the time line would look like this.

 

1. Default.

 

2. Token £1 payments by standing order.

 

3. Sold or Letter before action received 

 

4. Request CCA

 

5. Agree Pro rata payments on receipt if everything checks out.

 

At the pro rata stage would you supply your own IE breakdown?

 

Just planning ahead.

 

Thanks again for your assistance 

 

 

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  • 2 weeks later...

Just a brief update.

 

Received a DN from Nationwide which is good as being the largest one I'm glad it won't increase anymore and I can get it sorted.

 

I have decided to change my plan of action to the following. I think I would prefer to deal with the OC. I know this will change but it can't hurt. Plus I would rather pay them than the other parasites.

 

I have prepared all my IE forms and Pro Rata letters for defaulted accounts. Once the default date is passed I will send them. 

 

Thanks all

Edited by Mr Ploppy
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Yes always only deal with the OC if the debt has not been sold 

 

 

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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Yes agreed far preferable than dealing with the parasites 

If or when they do sell the accounts then change your approach 

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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Just a thought if you come to an payment agreement with the OC is this binding even if it gets sold on?

Especially if it has no time limit.

 

I have heard some DC's can get a bit excited if they know you have some money or property.

 

Thanks in advance 

 

 

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