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hannahsmygirl

In debt and not sure where to turn and cant take anymore!!!

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Been there and done that, and now finally beginning to come out the other side, so it does happen.

Best bit of advice I ever had, apart from all the stuff on here which has already probably halved how much I owe, was to make out a very careful budget, even allowing for the cost of toothpaste, and stick to it. It's hard to start with, especially when the kids ask for things, but it gets easier and one day you'll suddenly realise that you've actually ended the month with money in the bank! After all the years of misery, that moment makes all your effort worthwhile.

Good luck, and keep going.

 

Great positive post - good on you :)

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I can recommend CCCS!!, yes we owe LOADS and decided that enough was enough. So we contacted CCCS and they have been brilliant. In the end we have decided to go for an IVA. Its very early days but I am starting to see the light at the end of a very dark tunnel. My next step is to write to all our creditors and request CCA"s ( I think thats right) and wait and see!!. Its really nice to know that there is someone out there on your side.:)

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Glad to know our service are widely appreciated round here!


We aim to advise you on practical ways to deal with your finances and to understand priority & non-priority debts. We can also help you to cope with these in a realistic and sustainable way and help you understand the likely actions of your creditors including any legal action during this process.

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In the end we have decided to go for an IVA.

 

My next step is to write to all our creditors and request CCAs

 

If you're under an IVA there wouldn't really be much point in wasting your time with a CCA request as you've already signed up to a legally binding repayment arrangement, are you sure it is definately an IVA you're under rather than a Debt Management Plan?

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Hang on I have just had a look at my notes that I took whilst on the phone to the lady from CCCS. It says we have to contact the companies and ask for statements of loans/ debts. Sorry for any confusion, I am very new to all of this.

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Hang on I have just had a look at my notes that I took whilst on the phone to the lady from CCCS. It says we have to contact the companies and ask for statements of loans/ debts. Sorry for any confusion, I am very new to all of this.

 

it's all good :) You're in good hands with the CCCS and this place

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Ohh... the CCCS are in town. Welcome, friends! You do good work:)


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hannah

 

First things first - forget all the why and whyfors about the situation. You are in debt and are trying to get out of it.

 

Arrange everything into two piles - priority debts and others.

 

Make sure you have agreements for all the priority debts and keep to them.

 

Other debts - decide what you want to do. In my case I am going to try to get rid of as many as I can by proving that no agreement exists or that any agreement in existence is bad. Any remaining after that point will be dealt with at the time.

 

You have two options - my route which takes time but should end up with lots of debts removed. The other route is to go through the attempting to negotiate with them. If that is the route you want to go for then I can't help you but there are others on here who can.

 

If you want to go for my route then you need to know that you may not win in every case (although I'm in a good position right now) - it is a high risk strategy but with anything in life high risk for high rewards.

 

If nothing else start with cca requests for all of them because that should give you a little respite.

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Here's the letter to send for fixed amount credit - ie loans:

 

Dear Sir/Madam,

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 (1) Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx.

 

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. I also require a copy of the executed deed of assignment from egg to yourselves (only include this part if someone has bought your debt - in my case egg sold it on) and a fair processing notice.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Signed,

 

You could also add a section stating that you will only correspond on this matter in writing and that attempts at communication through any other means will be recorded as an intimidatory measure.

 

If any do call just state that you will not speak to anyone about any financial matters and that all calls will be noted for future evidence. Please do not call again and then put the phone down. Make a note of any calls made to you.

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Here's the letter to send regarding credit card debts:

Dear Sir/Madam,

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You MUST supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxx.

 

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. I also require a fair processing notice.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Signed,

 

As above add any info regarding phone calls etc as relevant.

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Signed,

 

NEVER sign letters when asking for a copy of the credit agreement.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks rory

 

I should have said that I sign all my letters with a basic, almost printed signature which is nothing like my real signature. Therefore if, as I think rory is suggesting, they decided to fake my signature on an agreement, then I would also see them prosecuted for fraud. I would never advocate not signing a letter because it is plainly ignorant.

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I would never advocate not signing a letter because it is plainly ignorant.

No offense intended but I'm afraid that to be concerned by such etiquette when dealing with any DCA is derisible.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I'm sorry rory but I won't lower myself to their level.

It's not who I am. They; and in particular the debt collection agencies and companies pretending to be dca's, may stoop to the lowest levels but I will not.

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hey guys.

 

OKwe definately have onedebt which was a loan for alliance and leicseter of course we spentthemoney but never signed for it.As we still have all the priginal paperworkat home. We asked the CAB aboutthos and they said that as wehad spentthe money we still had to pay itback.The problem i have at themoment is i havent heard from a few of our creditors for over 6 monthsaswe informed them that we had moved but never heard from them andnever bothered to chase that theyhad recieved our letter.Should we have chased them up??To be honest we thought the more wechased the quickerthey would come after us. Oh god i feel lost!!!!

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hey guys.

 

OKwe definately have onedebt which was a loan for alliance and leicseter of course we spentthemoney but never signed for it.As we still have all the priginal paperworkat home. We asked the CAB aboutthos and they said that as wehad spentthe money we still had to pay itback.The problem i have at themoment is i havent heard from a few of our creditors for over 6 monthsaswe informed them that we had moved but never heard from them andnever bothered to chase that theyhad recieved our letter.Should we have chased them up??To be honest we thought the more wechased the quickerthey would come after us. Oh god i feel lost!!!!

 

CCA them as outlined above. If they don't provide agreement then there is no lawful route for the lender to follow to get the money back due to the House of Lords ruling in Wilson v Sec of State for Trade & Industry . I doubt the person you dealt with at cab even knows of the case.


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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