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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • 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  
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Got into debt again, yes I'm an idiot, can't have anything coming back to upset my aged parents. i live abroad.


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Hi, not used to forums so if I've posted this in wrong area please move.

I'm about £28k debt right now.

All my fault. No irresponible lending, I knew what I was doing when I took out the 4 credit cards and 2 unsecured loans.

I do have mental health issues, documented with my GP since 2018, but all my debt was accrued after that, mostly due/though pandemic, 2020+

I can no longer afford the repayments and have just been a consolidation loan due to credit rating.

My issue is I'm 52yrs old and currently live at my parents in London.

I work full time, min wage. All my debts are unsecured but registered at their house due to me being on the electoral register there.

They are in their 80's. It would literally kill them to have debt letters, debt collectors arriving at the house. They come from that old school post war generation where if you can't afford something, you save up for it or don't have it!

I have the opportunity to move to France to live with my younger sister. It will transform my life, my mental health, my whole world. However, I can't just walk away from this UK debt and leave my incredible parents with the fallout.

However, if I write to all my creditors and give them my new address in France, then simply stop paying - from what I've read here they'll default me, my credit rating will be screwed for 6 years, then all cancelled? 
I know it's never good to run away from debt. 

All debts are enforceable, no need for SAR or CCA request.

Am I better to apply for a DRO from France once there, or simply make sure all my creditors have my new French address, so they can't do a backdoor CCJ to my parent's address, because it will honestly kill them and ruin my relationship with them for the few years of life they have left.

All constructive, non-judgmental advice welcomed. 

edit to add as it won't let me edit in post - I meant to say I have just been DECLINED a debt consolidation loan due to credit rating.

If it wasn't for my parents I'd just run away and never return to be honest. 

I can't do this whilst they live at this address. I love them. They would be so crushed and disappointed. 

I know it's only money, but people are the way they are. 

Please help with advice if you are able.

Merci. 

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Hello, welcome to CAG.

People will be along later to help with your debt issues, please bear with us until they're able to get here. :)

I'm not saying I'm God's gift to immigration, etc, but I take it you're eligible to go and live in France long-term under the new rules?

Best, HB

Illegitimi non carborundum

 

 

 

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Thanks for quick reply, HB.
I'm lucky enough to have an Irish passport due to my father as well as a UK passport having been born in here. So I retain my Shengen rights apparently for FOM.

All of that is by the by - whether I moved to France or moved to Ecuador and hid, taking my chances, my 100% concern is how to have anything ever coming back to my parents who have been kind enough to let me live here again for these past 10 years after my life went wrong.

I can't pay them back for their kindness by telling them, I've run up nearly 30k debt and am now off. Thank you and goodnight, style.

But I fear this is what I may need to do next month.

How can I inform my creditors I'm willing to pay over time, or even just walk away if they get nasty? But NOTHING must ever come back to my folks house?

Sorry cross posted.

Debts at the moment - nothing defaulted or unpaid so far. Next payments all due end of Jan.

TSB Loan 1: £7.9k d
TSB Loan 2: £6.7k d
TSB Credit Card: £-4,392 d (with £1,108 available credit)
TSB Overdraft: £-2.543 d (with £2,467 available credit)
Barclaycard Visa: £-3,392 d (with £3,607 available credit)
Halifax Credit Card: £-3,796 d (with £704 available credit)
Lloyds Credit Card: £1,497 d (with £203 available credit)
 

All taken out since beginning of 2018. My salary is around £18,000pa. Hasn't changed much since 2018, maybe a few hundred.

Edit to add:

Original 1st loan with TSB was 13k.

2nd loan with TSB was 10k.

I've been paying it down each month since 2019.

My credit rating is great until end of Feb, when I must default.

Edited by dx100uk
Language changed. HB + unnecessary previous post quote removed - dx
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Why not try and fine a job that pays more? - Shouldnt be too hard :) 

Maybe a 2nd job for a little while to help clear it down? 

 

Also @dx100uk will be along I imagine to offer some advice. 

You could look at sending a letter to all of your creditors offering a reduced payment plan. They will all deafult and go to debt collectors mostly. 

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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I can't do that due to my CPTSD and other mental health issues.

 

Edited by dx100uk
unnecessary previous post quote removed
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1 hour ago, Xerzes said:

I work full time, min wage. All my debts are unsecured but registered at their house due to me being on the electoral register there.

debt is not registered against an address.

1 hour ago, Xerzes said:

However, if I write to all my creditors and give them my new address in France, then simply stop paying - from what I've read here they'll default me, my credit rating will be screwed for 6 years, then all cancelled? 
I know it's never good to run away from debt. 

no once the default notice reaches 6yrs and the account is removed from your credit file - IT IS NOT CANCELLED.

1 hour ago, Xerzes said:

so they can't do a backdoor CCJ to my parent's address,

if you inform your creditors you are now resident in france they cannot get backdoor CCJ's - but anyway - so what cant hurt the address ever.

1 hour ago, Xerzes said:

Am I better to apply for a DRO from France once there,

id do the dro now .

but i would start with invoking the

Debt respite scheme (breathing space): Guidance on mental health crisis breathing space - GOV.UK (www.gov.uk)

dx

 

 

  • Like 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 comprehensive advice dx100uk. I hadn't heard of the debt respite scheme. I'll look into it.

thanks to all respondents. 

x

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  • 1 month later...

Hello again!

I've been reading around the debt forums and I'm confident with how to proceed.

Let all the debts default.

Most, (in my unfortunate previous experience), will either result in an OC letter of claim, or be farmed out to some ****** DCA who will inflate the existing debt with arrears/charges/fines, etc, and will eventually also issue a LOC.

All my debts have been accrued in the past 5 years. All are totally enforceable, (and "morally" should be paid too by me). However!

I can't seem to find a definitive answer to this here -

Once I receive the LOC how can I defend? The debt is owed. I simply can't afford to pay it at this time, and nothing in the future would indicate a change in that.

What happens next?

Does the judge request my I&E and then order I pay £10pcm, thus running the SB to infinity?

Will I get a CCJ or an attachment of earnings set at some random amount?

What's the endgame here?

TIA.

(ETA - I don't want to go down the DRO or Bankruptcy route for various reasons).

Edited by Xerzes
additional info
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Can you list your debts and approximate amounts owed and to whom? and approximately when they defaulted

  • Like 1

We could do with some help from you.

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Nothing's defaulted yet. I've kept up with minimum payments on all. 

It's all about to go south in the next few weeks.

Debts:

TSB: £3,000 od (with 5k limit)

TSB credit card: £5,000 (with 5.5k limit)

TSB Loan 1: 8k remaining from original 14k loan

TSB Loan 2: 6k remaining from original 10k loan.

Plata Loan: 3.5k remaining from original 4k loan

Lloyds Bank credit card: £1,397 (with 1,500 limit)

Halifax credit card: £ 3,997 (with £4,500 limit)

All taken out since around 2018. All currently in good standing. 

Can't make minimum payments on all when fall due around end of month.

Some I can, obviously, but not the whole jumble. 

ETA - the Lloyds and the TSB cc are currently on 0% deals till around April.

Edited by Xerzes
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Let em all default,  priorities are your rent / mortgage , food, utilities council tax.  Nothing will happen except lots of letters. Stop prolonging the misery. Letter of claim isn't a worry for now.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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2 hours ago, Xerzes said:

Most, (in my unfortunate previous experience), will either result in an OC letter of claim, or be farmed out to some ****** DCA who will inflate the existing debt with arrears/charges/fines, etc, and will eventually also issue a LOC

OC's rarely issue a letter of claim neither do they do court.

DCA's do not and cannot inflate debts, neither can they nor anyone FINE you for being in debt.

debt is not a crime in the UK nor EU.

 

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 both for replies.

I hear ya.

My question is - what happens when I get do eventually get a Letter of Claim

What is the endgame?

Please - every thread I've read here just has the same advice but no-one ever seems to comment on the final result.

My debts are valid, they are owed, I simply can't service them.

I don't mean to sound rude but let me spell it out simply.

When I DO get letters of claim for valid debts, what is my defence and what happens after that?

Very simple question.

Very simply reply requested please, for a simple man like me.

Thanks, absolutely avoids my question.

Anyone else, please?

 

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posts moved to your own thread.

@Xerzes

you need to READ UP 

we are predominantly self help

we dont nursemaid.

there are 100's of threads here whereby DCA's whom have purchased a debt and send a letter of claim or PAPLOC as its called

used our enhanced google search box. for that or any other queries.

if you cant find the answer then do pop back on this thread and ask away.

but you dont file a defence in response to a letter of claim.....its not a court claim..

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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I don't get it?

Why can't you answer a direct question?

What happens after I respond to the LOC and I owe the debt?

Surely this isn't rocket science, should be bread/butter question?

I need to know what happens when I allow all my debts to default and I get a letter of claim.

Don't say "oh well, when that happens come back".

I want to know the worst case scenario in advance, please.

Otherwise this is just keyboard warrior stuff.

 

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hit letter of claim and READ all the posts that come up

it's called self help.

its not keyboard warrior..it's knowing how to deal properly and not panic.

also read other peoples journeys

we dont nursemaid

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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  • dx100uk changed the title to Got into debt again, yes I'm an idiot, can't have anything coming back to upset my aged parents. i live abroad.

well seriously you are not understanding advice or not reading advice.

On 10/01/2024 at 18:36, Xerzes said:

I have the opportunity to move to France to live with my younger sister. It will transform my life, my mental health, my whole world.

On 10/01/2024 at 20:04, dx100uk said:

if you inform your creditors once you are resident in france they cannot get backdoor CCJ's 

once you are resident in another country, simply write to each debt owner with proof you are perm resident else where and have been for sometime and thats it, it's all over. they can't do anything.

dx

 

  • Like 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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I just got one, or rather my wife did for her defaulted Paypal (with Lowell), or rather the pre action protocol letter they are required to send. Took me 5 minutes to tick a few boxes and write about 5 sentences requesting the information that neither Lowell or Overdales have a hope in hell of conjuring up in order to successfully take her to court. Which is why Lowell only pay pennies in the pound for these things, being fatally flawed.

 

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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If a debt is defaulted, it will end up with a DCA debt buyer who could issue court claim and if you had no defence, they would get CCJ's, which they would try to enforce. One of the enforcement options is to send around enforcement officers to any address they can find for you. But they could not break in and if not invited in, they could only sieze assets outside which they believe could be your property. So this could be your parents address in a few years time where they harass them during several visits.

Which is why, if you ever move address, you always write to the creditors owning the debt, confirming the address you can be contacted at. And if you send proof of residence, then this might stop visits to parents address.

 

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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