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davey77

Debt written off due to Carers Allowance?

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I am 28,000-30,000 in Debt on Credit cards and loans. First wrote to my creditors in Oct 2006 offering £5 a month until i had found work etc. Two of them have agreed and frozen interest and charges. Others, like MBNA, Cahoot and Barclays are still being difficult and obstructive.

 

My situation has changed. I now have carers allowance and income support. My retired Mum, who lives with me in a joint tenancy, gets attendance allowance etc. Housing benefit will pay 100% of the rent + council tax.

 

My question is: Can i write to all my creditors asking them to write off the debt in view in the slim chance of me gaining a well paid job in the near future. Mum's health is not likely to improve (she's 70). I know i would have defaults for 6 yrs but i'm going to have them anyway even if i do get a good job as it will take yrs to pay it off and have them removed.

 

The downside perhaps is wanting to rent somewhere else as estate agents all seem to do a credit check. But again, i have some defaults already, so that wouldn't make any difference except for the fact of knowing that they will be gone in 6 yrs.

 

am i looking at this too simply? are there aspects i haven't considered?

 

Thanks, David


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Guest Battleaxe

Davey,

 

I take it you have sent them all an income and expediture sheet, showing exactly what is what.

 

I take it you are claiming back unlawful charges on everything.

 

You could write tohem with your request but I doubt that they will agree. They will want their money.

 

Have you spoken to CCCS about this? Even going into a debt management plan with them, it will take quite sometime to pay the debts off , but give you some breathing space, and MBNA will be the stumbling block, but I believe there is some leverage if the other creditors agree. This is not an IVA or bankruptcy, but it could be a possible solution for you until you are able to settle these debts. You have nothing to lose by talking to them and they might be able to offer another solution.

 

Also the CAB is an option. Sadly there is no quick fix and these companies you owe money too are profit driven so they will protect their own interests before yours.

 

If you make a sensible offer and they refuse it and then they take you to Court you will be able to demostrate to the Judge that you have done everything you can to pay your debts. The thing is the Judge will want to see this and will order what he/she thinks is an acceptable repayment for you.

 

I hope this helps a bit and I am sure by me answering might give this post a bump for others who have more experience than I, will be able to advise you.

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In all honesty mate, if it was me with debts like that, and no property of my own.......

 

I'd go bankrupt.

 

It gets them all off your back, and as soon as you can say boo to a goose, you're discharged and back on the straight and narrow.

 

You'll still be buggered as far as credit goes for 6 years, but CCCS and other options could keep you tied up in debts for quite a few more years to come.


Nil Illigitimus Carborundum

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Thanks for the input! I have been doing some research and there instances where debt has been written off due to personal circumstances and the obvious impossibility of creditors ever getting back the monies owed.

 

I think Bankruptcy really must be the last resort and i'm not sure i ahve reached that point as yet. (Still some fight left in me!) Also i have no assests to liquidate. No home, a 14 yr old car and no savings.

I have sent all an income and expediture sheet which should be ammended due to the benefits coming in but even then doesn't leave any extra.

 

DMP was the way i wanted to go but without anything left over each month i have nothing to offer a DMP. I'm not reclaiming charges as from day one i haven't paid anything towards my debts. (Apart from a £1 a month token payments to a couple of lenders the last 2 months.)

 

Think i'll draft a letter asking for the debt to be written off (with a great deal of care in my choice of wording) and post it here. Watch this space! :)


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I was wondering does anyone know what the law is regarding the liability of someone else to contribute to payment your own debts? I mean, a spouse can be asked to help repay can't they but what about a parent? In my case, my mother living in a joint tenancy although the debts are in my name can a creditor (for bunkrupty or before that stage) ask for my Mother's assests or income to be taken into account in repaying a debt?

 

I am composing my letter (writing off the debt) and am stating i have nothing to liquidate and no assests but want to make sure the creditors can't turn round and say well, your mum bought the tv and you both watch it so sell that, kind of thing.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I was wondering does anyone know what the law is regarding the liability of someone else to contribute to payment your own debts? I mean, a spouse can be asked to help repay can't they but what about a parent? In my case, my mother living in a joint tenancy although the debts are in my name can a creditor (for bunkrupty or before that stage) ask for my Mother's assests or income to be taken into account in repaying a debt?

 

I am composing my letter (writing off the debt) and am stating i have nothing to liquidate and no assests but want to make sure the creditors can't turn round and say well, your mum bought the tv and you both watch it so sell that, kind of thing.

 

Hi there, I am so sorry to hear about your predicament. I would not usually advise bankruptcy (and neither am I qualified to!) but I do think you should give it due consideration. Please consider speaking with Consumer Credit Counselling Service or National Debtline before you make any decisions. I don't believe that your Mother's assets or income could be taken into account, unless any of the accounts are in joint names with her, which I assume is not the case. There is already a letter in the templates library where you can ask your lender to consider writing off your debts. It is important that you include a full asset and expenditure breakdown in order that they can see that you really can't pay the money back. Include everything you can ie : bank statements (but with account details etc blanked out). You might be lucky, but with such large amounts I think they will want at least something back. Could I just ask? I notice in one of your earlier posts that you say you are not claiming back charges because you haven't made payment towards the debts at all. You surely don't mean that you have never paid towards them? I assumed that you stopped paying or asked for reduced payments because your circumstances changed. If this is the case, then you are perfectly entitled to claim back every penny in charges plus contractual interest. This could reduce the sum significantly under the circumstances so I would advise you to not hesitate to follow us all on here!

 

You seriously need to take professional advice with this and I would delay no further in contacting one of the two agencies I mentioned above. I guess it may also be possible for you to come to an arrangement with your lenders where they might accept a settlement figure and reduce the debt substantially, but I am not sure that they will not want this in a lump sum rather than small payments towards it. I hope that makes sense!

 

Please keep us posted and do check out the template before you post your letter to ensure you have everything covered.

 

Good luck!


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks Cornucopia. I rang National Debtline when i first started out on this rocky road and there are certainly very friendly and helpful. Perhaps i will ring again now my situation has changed.

I couldn't find the letter in the templates library re write off debts. I'll keep looking though.

I'm having trouble getting my head round this claiming charges business but i'll sit down and go through it in more detail here when i have a free moment. From what i read so far i didn't believe i was entitled to claim back anything as i paid my monthly credit card bills on time and when i realised i wasn't going to be able to keep up payments i wrote to them all and told them just that and from that day on i haven't paid anything. I haven't got any money lol Yes they have lumped on interest and charges to my statements but i have never paid anything towards them and don't intend to either.. so think i am right in beleiving there is nothing for me to claim back. I'll do some more reading though...


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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This is how the letter has come along so far. Any suggestions or thoughts gratefully recieved!

 

Dear Sir/Madam,

 

Thank you for your recent letter regarding the intention to serve a Default Notice if your payment request is not complied with.

 

It has always been my sincerest intention to repay the debts I owe to all my creditors and I have communicated to that effect very clearly in my correspondence. You have received my income/expenditure statement last year that showing at that time zero disposable income and also debts totalling over £28,000.

 

For some time I have been trying to gain a consistent income working from home as you know: The financial markets, Ebay and various enterprises have all been very unsuccessful. Full-time employment outside of the home was something I had hoped would materialise and be made possible but due to my Mother’s bad health my enthusiastic ideas for becoming financially secure this year seem very unattainable. Perhaps more hopeful rather than practical.

 

To this end I find myself now in receipt of housing benefit which pays 100% of the rent in this bungalow with a joint tenancy with my 70 year old Mother and also receiving Carers Allowance (as her carer), Council Tax Benefit and with an application for Income Support in the post.

 

With her age in mind and her many ongoing medical problems which have plagued her for many years which only ever seem to worsen over time and not improve and with her long term care becoming more inevitable I am at a loss to know how I will be able to make enough money through working to pay everyday living expenses and give her the support she needs at the same time. I am certainly loathe to try (and have no funds for) any home based business opportunity that would enable me to have both a high income and to be a carer at the same time considering my past failures in this area. So therefore must resign myself to fulfilling one of those objectives only and of course my Mother’s well-being and care comes first. She looked after me so it’s my duty to do the same for her as there is know one else who can.

 

I have enclosed with this letter a more up-to-date financial statement which takes into account all the Benefits I receive and anticipate receiving shortly. (Namely Income Support.) As you will note there is nothing left over to offer any of my creditors. I do not anticipate this will change in the short or long term.

 

IVA’s, DMP’s and Bankruptcy are for those with money left over after priority debts, of which i have none, and can be a costly undertaking for both parties. I have no assets as this is a rented property.

 

My car, which is not a brand new £30,000 model, is 14 years old and as my Mother has no licence I use to take her for hospital and GP appointments etc. The last few months I have sold many household items that were mine to sell but it didn’t stop last months rent cheque bouncing. Anything left are not my assets but my Mothers as I do not buy furniture, kitchen appliances etc. That’s not my dept. And so I personally have no goods of significant value. (Unless 4 Primark shirts and a pair of boots are considered otherwise.)

 

The conclusion to all this is that for the foreseeable future my financial position is highly unlikely to change for the better. In no way do I consider this an easy option for me but my only viable recourse is to ask that you write off in full the balance owed on my account/s. I realise this will mean a Default Notice on my credit file for 6 years and ask that it be marked ‘settled’ or ‘satisfied’ with the Credit Reference Agencies. (If you do not agree to my request then based on my current and and long term prospects I can only continue to ask you to freeze Interest and charges indefinitely.)

 

Of course, you cannot take my word entirely regarding my circumstances and am able if you request it to forward copies of the Benefit entitlement letters as and when i receive them.

Although I feel I cannot go into my Mother’s medical conditions in detail as I regard that as a private matter the fact I receive Carers Allowance and am exempt in seeking employment in itself is proof of her need for care and my responsibility to provide that care and support.

 

Given my very difficult circumstances I ask that you give my request serious and sympathetic consideration as this course of action would greatly relieve the anxiety and distress that the simple existence of these debts are causing, especially as I cannot foresee a time when I will ever be in a position to pay.

 

Yours sincerely, ** ****

 

CC:

 

Barclays

Cahoot

Halifax

MBNA

RBS Mint

Capitol One

 


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi Davey,

 

Sorry to hear of your situation. I am unsure as to why you think that Bankruptcy is only for people who have a monthly surplus - this is not the case at all. Read here for further info. http://www.consumeractiongroup.co.uk/forum/general-debt/56970-insolvency-dealing-debt.html

In your situation having no assets and large debts, and no prospectr of income increasing in the near future BR is probably the best solution for you. have a good think about it before you reject the idea.

 

As for your credit rating, it is most likely wrecked now anyway, so whatever you do this will not improve for quite some time.

 

The letter you have written whilst informative is too long and gives far too much unneccasary information about your situation - modify the letter below fro mthe templates to suit your circumstances andsend with an I&E form to each vreditor.

 

Good Luck whatever you decide - let us know how your plans and how you get on.

 

Ask creditors to write off the debt due to your circumstances

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

Further to our recent letter, we enclose a copy of our Personal Budget sheet which gives details of our present financial circumstances.

 

As you can see our outgoings are more than our income and we are experiencing extreme financial hardship. We would be very grateful if you would consider writing off the outstanding debt owing. We have always taken very seriously our financial responsibilities but unfortunately our circumstances are so bad that we cannot realistically maintain payments of any kind.

 

Please take the following special information into account when making your decision.

Paragraph outlining the special circumstances you have that you want the creditor to take into account.

 

As you can see our situation is very unlikely to improve in the future, and our continued high debt level may have a serious effect on our physical and mental wellbeing. We would therefore be grateful if you would seriously consider our request for the debt to be written off.

 

We would appreciate any help you can give us.

 

Yours faithfully

Mr A N Other


Consumer Health Forums - where you can discuss any health or relationship matters.

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Thanks Cornucopia. I rang National Debtline when i first started out on this rocky road and there are certainly very friendly and helpful. Perhaps i will ring again now my situation has changed.

I couldn't find the letter in the templates library re write off debts. I'll keep looking though.

I'm having trouble getting my head round this claiming charges business but i'll sit down and go through it in more detail here when i have a free moment. From what i read so far i didn't believe i was entitled to claim back anything as i paid my monthly credit card bills on time and when i realised i wasn't going to be able to keep up payments i wrote to them all and told them just that and from that day on i haven't paid anything. I haven't got any money lol Yes they have lumped on interest and charges to my statements but i have never paid anything towards them and don't intend to either.. so think i am right in beleiving there is nothing for me to claim back. I'll do some more reading though...

 

Hi Davey, please do consider ringing National Debtline or CCCS again, I see that somebody has posted below the letter from the templates library that asks your creditors to write off your debts. While you letter was beautifully composed, I too feel it has far too much information and you need to keep it short and concise. You are wrong in believing that you cannot claim back charges. Had they not lumped them on, the situation would probably not be as severe, so go ahead and get them back!

 

I would still research bankruptcy. I don't think an IVA or DMP would be right for you, certainly IVA's cost money to run and you could really do without that. If you have no disposable income then a DMP is not going to work either. At least with bankruptcy, they will all be off your back and you can work towards discharge. Yes, your credit record will be marked for 6 years but after that you have a clean slate and it has got to be better than all this worry. Obviously, if your creditors do agree to wipe off your debts, then you won't need to worry about it so perhaps wait and see what response you get first.

 

Keep us posted and good luck!:-)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks guys (and sorry for not replying sooner). I have sent the modified and shrortened version off to all creditors but to date have no reply. Apart from the usual automated letters etc and another default for my collection. I will give them a little longer then write again this time by recorded delivery to make sure i get a personal response. I'll keep everybody posted on future developements. Cheers!


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thanks guys (and sorry for not replying sooner). I have sent the modified and shrortened version off to all creditors but to date have no reply. Apart from the usual automated letters etc and another default for my collection. I will give them a little longer then write again this time by recorded delivery to make sure i get a personal response. I'll keep everybody posted on future developements. Cheers!

 

Thanks for the update Davey, we'll see what comes of it. I personally would have sent them recorded delivery in any event, then they can't wriggle out of it. You could telephone each of them and ask them to confirm receipt.

 

Obviously it would be sensible to wait and see what kind of feedback you get, I would be very surprised if the likes of MBNA capitulated to such a request. However, stranger things have happened........!

 

I would still consider bankruptcy at this stage, I think you'll find it to be a huge relief, have you discussed this with your Mum?


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi - i find telephoning for even the simplist of requests to be the road to knowhere but i will do that if they don't respond soon. Generally they say they can't help and suggest getting a loan to pay them all back!?

Unfortunately i can't discuss all this with mum as she is unaware of all my debts. She's 71 and not in great health and tends to worry. A letter from Barclays just now says that as they have "written repeatedly re the amount due on the account which remains unpaid and require immediate payment". Also one from Barclays, "The account is still overdue and we now have no alternative but to pass your account to a local debt collector. We would prefer not to take this action and we are confident that between us we can resolve this matter, Please make a payment etc etc"

It's THEY who have ignored ME and all my requests the last 3 months but they imply i have not writen or informed them of my situation. I am writing a more update financial statement this morning to include all the benefits i now recieve: carers allowance, income support, council tax benefit and housing benefit (which still falls short of my outgoings) along with another bunch of letters asking for the debt to be written off.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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In the end what i sent them was this:

 

On another matter and my main reason for writing I have included with this letter a more up-to-date Financial Statement from the last one you will have received and it clearly shows my income, expenditure and level of debt i owe.

 

The prospects of gaining the kind of income needed to be able to repay all my creditors is hopeless due to my mother’s continuing ill health. As I may have informed you previously I am on Carer’s Allowance and care for her long term. I had hoped matters would improve but I’m afraid it was a false hope.

 

I would be very grateful if you would consider writing off the outstanding debt owing. I have always taken very seriously my financial responsibilities and have always had the best intentions and hope for future prospects but unfortunately my circumstances are so bad that I cannot realistically repay any of my creditors and have sent a similar letter as this one to all concerned.

 

As you can see from my Financial Statement my finances are stretched to breaking point and are very unlikely to improve in the long term and my continued high debt level may have a serious effect on my physical and mental well-being as well as my mother who is 71 next month. I would therefore be grateful if you would seriously consider my request for the debt to be written off.

 

I would appreciate a personal reply and your understanding in this matter.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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First reply back. From Cahoot:

 

Dear Mr x,

Thank you for your letter the details of which have been noted on your account.

 

I have tried unsuccessfully to contact you by telephone today to discuss your letter and provide advice towards rectifying your concerns.

 

Whilst i fully apreciate the situation that you are currently in, i must advise you that we are unable to freeze interest and charges without an arrangement in place and we would not be able to write off the debt as you requested in your letter.

 

Please contact myself on 0845 ... ... at your earliest convenience so that we can update our records accordingly

 

Yours sincerely, K Miller

 

Update their records?! I know what that means. They can't get through because i changed my telephone number. I rang them at the start of this in Nov and the woman was totally unhelpful and wouldn't accept £5 a month (she wanted £40 and no less) and suggested I get a loan to repay them!

So i have to call them just so they can tell me there is nothing they can do to help? That's not going to happen.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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First reply back. From Cahoot:

 

Dear Mr x,

Thank you for your letter the details of which have been noted on your account.

 

I have tried unsuccessfully to contact you by telephone today to discuss your letter and provide advice towards rectifying your concerns.

 

Whilst i fully apreciate the situation that you are currently in, i must advise you that we are unable to freeze interest and charges without an arrangement in place and we would not be able to write off the debt as you requested in your letter.

 

Please contact myself on 0845 ... ... at your earliest convenience so that we can update our records accordingly

 

Yours sincerely, K Miller

 

Update their records?! I know what that means. They can't get through because i changed my telephone number. I rang them at the start of this in Nov and the woman was totally unhelpful and wouldn't accept £5 a month (she wanted £40 and no less) and suggested I get a loan to repay them!

So i have to call them just so they can tell me there is nothing they can do to help? That's not going to happen.

 

Hi Davey, don't call them and don't give them your new number.

 

I would write to Mr Miller and state that you have already tried to make an offer of payment that was dismissed out of hand and the level of payment suggested was unrealistic under the circumstances. Continue to offer £5.00 or whatever and keep paying it, every single month.

 

To be honest, I would be very surprised if any of them agreed to write the debt off. I would still consider bankruptcy. The fact is, your credit history will already be damaged for the next six years anyway. You can be discharged from bankruptcy very quickly and start again. If you had loads of assets or a mortgage, it would be different, but you haven't. I really do think you need to have a full appointment with CCCS or National Debtline and sort this out once and for all.

 

Alternatively, you can continue to make token payments, if they take you to Court, all your circumstances will be plain for anybody to see. They can't take what you haven't got. Also, the upside of bankruptcy is that this is the last thing your creditors will want you to do because they will get nothing back. They are basically cutting of their noses to spite their face by not accepting your realistic offer. You could put in your letter that you are considering bankruptcy. It wouldn't surprise me if they decided to accept your reduced offer after all.

 

Keep us posted!


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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First reply back. From Cahoot:

 

Dear Mr x,

Thank you for your letter the details of which have been noted on your account.

 

I have tried unsuccessfully to contact you by telephone today to discuss your letter and provide advice towards rectifying your concerns.

 

Whilst i fully apreciate the situation that you are currently in, i must advise you that we are unable to freeze interest and charges without an arrangement in place and we would not be able to write off the debt as you requested in your letter.

 

Please contact myself on 0845 ... ... at your earliest convenience so that we can update our records accordingly

 

Yours sincerely, K Miller

 

Update their records?! I know what that means. They can't get through because i changed my telephone number. I rang them at the start of this in Nov and the woman was totally unhelpful and wouldn't accept £5 a month (she wanted £40 and no less) and suggested I get a loan to repay them!

So i have to call them just so they can tell me there is nothing they can do to help? That's not going to happen.

 

Hi Davey, don't call them and don't give them your new number.

 

I would write to Mr Miller and state that you have already tried to make an offer of payment that was dismissed out of hand and the level of payment suggested was unrealistic under the circumstances. Continue to offer £5.00 or whatever and keep paying it, every single month.

 

To be honest, I would be very surprised if any of them agreed to write the debt off. I would still consider bankruptcy. The fact is, your credit history will already be damaged for the next six years anyway. You can be discharged from bankruptcy very quickly and start again. If you had loads of assets or a mortgage, it would be different, but you haven't. I really do think you need to have a full appointment with CCCS or National Debtline and sort this out once and for all.

 

Alternatively, you can continue to make token payments, if they take you to Court, all your circumstances will be plain for anybody to see. They can't take what you haven't got. Also, the upside of bankruptcy is that this is the last thing your creditors will want you to do because they will get nothing back. They are basically cutting of their noses to spite their face by not accepting your realistic offer. You could put in your letter that you are considering bankruptcy. It wouldn't surprise me if they decided to accept your reduced offer after all.

 

Also, don't forget to send everything recorded or at least get a certificate of posting (which costs nothing) as this would be accepted by a Judge of proof of delivery.

 

Keep us posted!


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks for that! Yes all true what you say and I will follow your sound advice. Here's my reply to Cahoot: (with cerfiticate of posting for sure!)

 

Dear Sir/Madam,

Thank you for your letter received 19th Feb 2007.

 

I am disappointed you feel you are unable to give any serious consideration to my request to write off the debt owed despite having all the necessary facts regarding my financial and personal circumstances in your possession.

 

My initial contact with Cahoot via the telephone was completely unhelpful and my offer of an arrangement in the form of £5 a month was refused flatly after being informed £40 a month was the minimum required even though i stated my income was zero at that time. The suggestion I take out a loan to pay off the debt was also unhelpful and wholly inappropriate.

 

As i have stated on numerous occasions i do not discuss my debt situation over the telephone and given my experience outlined above has only galvanised that belief and for me to call Cahoot just so you can ‘update your records’ seems pointless considering you have all the facts needed to reach a final decision regarding this matter.

 

As you are aware Capitol One, Mint and now MBNA have frozen interest and charges and I await their reply regarding my request to write off my remaining debts.

I will as always keep you informed via letter should the response from my other creditors be favourable or my circumstances change (which is highly unlikely).

 

I am also giving serious consideration into the possibility of Bankruptcy as a means to resolve my long term and extremely difficult financial situation permanently as with each passing week, and letter received asking for payment, i am forced to consider any alternative solutions.

 

In the mean time i respectfully ask you review you current stance in relation to my request to write off the debt owed.

 

 

 

Yours sincerely, me


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thanks for that! Yes all true what you say and I will follow your sound advice. Here's my reply to Cahoot: (with cerfiticate of posting for sure!)

 

Dear Sir/Madam,

Thank you for your letter received 19th Feb 2007.

 

I am disappointed you feel you are unable to give any serious consideration to my request to write off the debt owed despite having all the necessary facts regarding my financial and personal circumstances in your possession.

 

My initial contact with Cahoot via the telephone was completely unhelpful and my offer of an arrangement in the form of £5 a month was refused flatly after being informed £40 a month was the minimum required even though i stated my income was zero at that time. The suggestion I take out a loan to pay off the debt was also unhelpful and wholly inappropriate.

 

As i have stated on numerous occasions i do not discuss my debt situation over the telephone and given my experience outlined above has only galvanised that belief and for me to call Cahoot just so you can ‘update your records’ seems pointless considering you have all the facts needed to reach a final decision regarding this matter.

 

As you are aware Capitol One, Mint and now MBNA have frozen interest and charges and I await their reply regarding my request to write off my remaining debts.

I will as always keep you informed via letter should the response from my other creditors be favourable or my circumstances change (which is highly unlikely).

 

I am also giving serious consideration into the possibility of Bankruptcy as a means to resolve my long term and extremely difficult financial situation permanently as with each passing week, and letter received asking for payment, i am forced to consider any alternative solutions.

 

In the mean time i respectfully ask you review you current stance in relation to my request to write off the debt owed.

 

 

 

Yours sincerely, me

 

I think that is fine but I would rehash the paragraph about you not discussing your debt on the phone. I think it is sufficient to say that under the circumstances, you are unwilling to further discuss the situation on the telephone and for mutual clarity, you would prefer that all further correspondence is in writing only.

 

I wouldn't say that you are giving serious consideration to bankruptcy. I would be rather more blunt and say that they either accept your offer of £5.00 a month with all interest and charges frozen or you will have NO ALTERNATIVE but to file for bankruptcy.

 

I would finish with saying you are giving them further opportunity to reconsider your request that they write off the debt and look forward to their speedy response.

 

I hope this helps.

 

Good luck!


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Cheers Cornucopia.. yes, i will wiggle that about a bit and amend it. Interesting to see what their reply will be..... :rolleyes:


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Cheers Cornucopia.. yes, i will wiggle that about a bit and amend it. Interesting to see what their reply will be..... :rolleyes:

 

No probs Davey, I do feel terrible for you actually, we all know how stressful debt is but we don't all have an elderly, dependant parent to care for. I know aswell how stressful it must be for you to keep this from your Mum. You might find putting her in the picture takes a bit of the pressure off, there is no shame in what has happened to you, we're all in the same boat for one reason or another.

 

The thing is, the only way to look at it is that this is not going to last forever. Especially if you do decide to go for bankruptcy in the end, it will be a huge weight lifted of your shoulders and you are a young enough to brush yourself off and start again. I know at least two people who have gone bankrupt when it all became too much (pretty much in a similar situation as you ie : no assets etc) and they have both gone on to get decent jobs and a mortgage again and keep on the straight and narrow. Everybody deserves a second chance.

 

Chin up love, there is always light at the end of the tunnel!:)

  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks for the kind words and support Cornucopia. :) Well, mum has already had a few financial revelations from me the last year and i really couldn't heap another one on her. It's still my hope to sort this mess out so she is none the wiser (or worried.) I certainly don't feel the pressure i used to about all this as i once did.

It's true. Nothing lasts forever and there is light at the end of the tunnel (i can see it with my binoculars lol) ;)

 

Only reply to date is from Cahoot again this morning saying they are "..disappointed that i have not responded to their previous correspondence... pay in full... agents seeking recovery...please call etc etc"

 

Trying to put pressure on me there but the date on the letter is the same day i replied to them and as yet no others have replied yet so i'll give it a little longer and see what i get back.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thanks for the kind words and support Cornucopia. :) Well, mum has already had a few financial revelations from me the last year and i really couldn't heap another one on her. It's still my hope to sort this mess out so she is none the wiser (or worried.) I certainly don't feel the pressure i used to about all this as i once did.

It's true. Nothing lasts forever and there is light at the end of the tunnel (i can see it with my binoculars lol) ;)

 

Only reply to date is from Cahoot again this morning saying they are "..disappointed that i have not responded to their previous correspondence... pay in full... agents seeking recovery...please call etc etc"

 

Trying to put pressure on me there but the date on the letter is the same day i replied to them and as yet no others have replied yet so i'll give it a little longer and see what i get back.

 

Hi Davey, you're welcome, we are all here to support eachother! Does your Mum have no idea of the situation? I understand that this must be very difficult for you to share.

 

I think at the moment, the best thing to do is wait until you get a full response from each of the creditors. At least then, you can come back on here and we can help you make an informed decision.

 

Also, have you issued each of them with a CCA request? This can be found in the letters templates. You need to send £1.00 with each request. This will buy you some time and put the debt in dispute. It means that your creditors have to provide you with a copy of the true executed agreement for each of your accounts. If they are unable to do this, they will have great difficulty in enforcing the debt. They have 12 days to respond. If they fail to do so, they can't enforce the debt without a court order. If they fail to respond within 30 days (after the 12), they can't enforce the debt at all. They will find themselves in criminal default with the possibility of a £2,500 fine and/or 3 months imprisonment. There is a CCA thread, I think it is in the general debt forum. Have a read through. It may turn out to be another option to explore anyway.

 

Look forward to hearing an update from you!:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hi there - well, very interesting about the CCA for sure, thanks. I will certainly go down that route and have in the mean time been waiting for any replies to my request. First one arrived this morning from Capital One:

 

"Thank you for your recent letter telling us of your current situation. We would like to help you with your account. Please send us within 28 days either:

Proof of DLA/Incap/Carers Benefit.

If you have any queries please call etc etc

 

Well, that's a better reply than i thought it would be. The others are sure taking there time to get back to me. I will give it the rest of the week and then write again to all creditors, by recorded delivery and with the a CCA request.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi there - well, very interesting about the CCA for sure, thanks. I will certainly go down that route and have in the mean time been waiting for any replies to my request. First one arrived this morning from Capital One:

 

"Thank you for your recent letter telling us of your current situation. We would like to help you with your account. Please send us within 28 days either:

Proof of DLA/Incap/Carers Benefit.

If you have any queries please call etc etc

 

Well, that's a better reply than i thought it would be. The others are sure taking there time to get back to me. I will give it the rest of the week and then write again to all creditors, by recorded delivery and with the a CCA request.

 

Hi Davey, hope you are well, sorry for late response! That is a better response from Crap 1! I am pretty sure (anybody else correct me if I am wrong) that they are not allowed to take benefits to repay debt as the benefits are provided by the Government for food, shelter etc.

 

I wouldn't hang about with the CCA request, I would just get them out a.s.a.p. They can do nothing until they comply with the requests. Have a read up of the Consumer Credit Act thread. I would post a link but I can't seem to do that when I try, it's a nuisance!

 

Anyway, I hope everything is otherwise good in your world and your Mum is OK?

 

Best wishes, Corn:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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