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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Need help with debts to Original Creditors i can now longer pay


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Currently have large amount of debt,

have spoken a debt management company, as the debt us unsustainable and I can't afford the interest payments on it .

Can't get through to independent debt advice companies at the moment ? 

Looks like I will be facing an IVA or bankruptcy

Last ditch attempt before I go down the above routes, I am wondering what my chances are of getting money back , debts reduce, or  interest paid back on the basis of unaffordable lending. 

My main credit card debt is £21k, this account was started with a  £12k credit limit back in 2003 and there was a steady increase since then, up to present amount.

My income has always been quite low, 

I believe there is an argument to challenge them on the basis that they haven't done their due diligence before making their lending decisions

. I went on from 2008 to take out further credit cards and they kept increasing my limit.

Showing I was struggling to sustain the debts. 

I think I may have a case, but I am wondering about the time limits on my claims.

From browsing the internet I am aware that the legislation I am looking to enact, didn't come into force until 2008 ?

will I be able to claim from 2008 onwards ? 

For the last 10 years or so I have just about  managed to make the minimum payments to pay the interest off, I have made no dent in the credit amount and its just increased. 

Thanks in advance for advice. 

 

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doubt it sorry

 

stop use ruddy debt management companies!!

 

a dmp is easy do it yourself 

 

is all your debt still with the original creditors or have some been sold to debt buyers/dca's?

 

why dont you list your debts please 

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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No not been sold.

I have spoken to them all and I am currently in a 30 day grace period. 

It's with 4 separate cc companies. 

I haven't used a debt management company yet, but they are the only people I have managed to speak with.

Can't seem to get independent debt advice  and I am self employed, cannot use step change or any other others.

Only business debt line - I have been trying for days to get through to, but can't.

Even though its not business debt it personal debt. 

The debt management company I spoke to suggested and IVA, which I understand they are financially motivated to do. 

I really could do with independent advice to talk through my options and answer a few questions, but can't seem to obtain it at the moment. 

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i would do:

 

please list yours debts..

 

original creditor

what type of credit

when taken out

how much outstanding.

 

its consumer credit debt, that is not a crime in this country STOP PANICKING.

 

 

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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  • dx100uk changed the title to Need help with debts to Original Creditors i can now longer pay

MBNA - opened July 2003, unsecured CC debt approx  £21,000

Barclays, opened 2008, unsecured CC debt, approx £7,000

Cap 1, opened 2008, unsecure cc debt, approx £6,000

Marbles opened Nov 2021, unsecured CC debt, approx £4,000 

Upto December 22 -   Feb 2023, I have not missed 1 payment on any of these accounts, but for the last 10 years I have pretty much maintained the debts by making minimum payments. 

Its only when MBNA decided to upped their interest late last year to £350 per month, I spoke to them and said I cannot  afford to pay etc... and I am now considering my options. 

I am starting  to think I am better off with bankruptcy, its just I am self employed and I need a decent bank account to operate my business,

I just don't think I can face 5 years living on a basic income to pay off the debts in an IVA that was offered as a solution. 

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no 

do not ever go BK/IVA/ etc etc for consumer credit debts.

 

i suggest you read a good few 10's of threads here in the forum i've moved your thread too-  debt self help.

 

debt is not a crime

get the breathing space done

 

then investigate pro rata payments. as threads here.

stay off the phone

everything now in writing ONLY.

 

if your situation is not going to improve within breathing space/ pro rata situations then i'd honestly stop all payments NOW

await every one of the original creditors to default your debt, then move fwd with pro rata.

the quicker you get default notices issued, the quicker the debt will be removed from your file, paid or not paying or not at the DN's 6th B'day.

 

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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Thank you. 

If I am understanding this correctly - 

If I allow the debts to go to default, I will then offer a payment plan that will be split proportionally amongst my debtors and on the 6th birthday of the debts anything still outstanding will be written off ? 

 

I don't think realistically be able to pay the debts off within a reasonable time frame, like you say the sooner it goes to default the better, so there is little point me requesting 60 days of breathing space. 

 
I will try to get further advice  and will check out the rest of this forum, but do I need a debt charity to work out the pro rata payments, or can I work out myself what disposable income I have  and draft an offer myself? 

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no the debts are not written of, when a registered default reaches it's 6th b'day, the whole account is removed from your credit file simply they can never return. debt still exists.

 

please be clear there is a difference between a D in the calendar section (that only you can see) and a Default Notice under section 87/8 of the consumer credit act.

 

await that DN letter from each creditor and check it gets registered on your credit file before your enter into a pro rata agreement.

 

you need to spend some time READING like threads here

get upto speed.

 

please dont bother going elsewhere you DONT NEED IT and all these people do is make you pay and enter into debt management plans YOU DO NOT NEED TO DO THIS.

 

once you read threads HERE all will become obvious.

all the docs are already here 

 

Debt management and Debt self-help - Consumer Action Group

 

 

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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  • 1 month later...

just to update all I have had since posting is lots of letters and phonencalls (ignored)  asking me to pay from my different creditors.

Barclays sent me a default notice a few weeks back, but this is just for the payments and interest missed. I have attached a copy of the letter.

Marbles have written to inform me that they have closed my account. 

Just wondering if creditors are perhaps hesitant to issue default notices because it will mean the debt disappears after 6 years ? 

 

Barclays.pdf

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so you've not been reading up then?

they cant do anything else bar issue a dn.

all pages and leave in dates times figures please

or else how can we check its compliant.......

 

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 I have been looking at the forums and get the gist, but its is still quite and overwhelming amount of information to take in.  

Barclays letters attached, with date and back. 

The only other thing that came with this was a generic FCA letter outlining why I have been sent a default notice. 

 

 

They just seem to be defaulting me on the interest and payments missed since I stopped paying, not the full credit balance. 

2023-05-18 BC DN.pdf

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doesnt matter its still a DN. which will remove the whole A/C in 6yrs.

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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open

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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Took my eye off the ball with this, due to personal stuff going on and I have now  received 2 claims (Civil National Business Centre) forms from PRA Group in last few days. 

I have read up on completed the questionnaire(s)  linked below. Redacted copy of one claim, struggling to upload the other one, but its the same. Claim info and figures and info  are on both questionnaires anyway. 

CAG

I have bought 2 x £1.00 postal orders and drafted a letter requesting copy of CCA, is there anything else I need to do  based on the information I am giving. 

Thanks 

 

 

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please start a new thread for each claimform in financial legal issues forum.

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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