Hi I'm new here...

[ginantonic16]

Hi, I'm new to this, but have read many of the threads....excellent to find such a wide range of help!

I have unsecured debt problems with MBNA, Egg, and LloydsTSB., totalling about £32k. After dealing with the usual, sending income/expenditure forms, offering the usual £1 per month (and getting it rejected), I finally came to an agreement with them to pay a "temporary" £20 per month to each. Things went from bad to worse, I defaulted, they kept ringing at all hours of the day & night, putting postcards through the door saying to ring a number where I would learn something to my advantage....one even sent me a birthday card asking me to ring a number I didn't recognise (?!) OK, I know the best approach is NOT ignoring it all, but it was all so stressful at the time. I have finally contacted them all - they debts have been passed to solicitors then debt collection agencies, then back to the original creditors, and now appear to be back with different collection agencies.

I have asked them all to take me to court (I am currently claiming housing benefit and working tax credit as I am only working part time) - LloydsTSB have sent me a letter stating they are making me bankrupt, which is actually OK with me, but when I contacted them, they asked me if I owned property - when I said no, they said they couldn't therefore make me bankrupt....what is going on here? I cannot actually afford to declare myself bankrupt, even with the fee waiver for low income. I had thought that even CCJ's would be better, as the court would decide how much I can afford to pay back. Please help???

[deadlykiss]

have you tried tlking to citizens advice burea ,, they are free and are really good ,,hope this helps

[vandermerwe]

Good morning Ginantonic.

 

I enjoy reading letters like yours on this site.

 

Not, I hasten to add, because of your difficulties but because you have taken the first step to controlling your financial affairs instead of them controlling you.

 

As, shall I say an elderly citizen, I find something very distasteful about modern day yobs 'putting the boot' into vulnerable people. That is what is happening to you - or so it would seem,

 

Please phone two charities for their advice.

 

0808 808-4000 will get you through to the National Debtline.

 

0800 138-1111 will connect you with the Consumer Credit Counselling Service (CCCS).

 

No charge. Non-judgemental. Good advice.

 

I can, and will, elaborate if you wish - just let me know if you wish me to follow this track.

 

Remember, today is the day you pick up the phone and get your life back on track.

 

Best regards and good luck.

 

Vandermerwe

[ginantonic16]

Thank you for your replies. I first contacted the CCCS a year ago, they were excellent, I followed their advice, and OK, it did delay everything giving me time to think. They are the ones that suggested the £1 per month thing, which all my creditors refused. Their forms are good, though (eg the income/outgoings one) and I have used them several times.

I have been trying to get control of it all ever since, and refuse to be intimidated by the debt collection agencies, the advice on this site has been invaluable, telling me what they can and cannot do regarding phone calls etc.

Thank you! I'm currently waiting to see what LloydsTSB do, waiting to see if they can take back their Statutory Demand (through Connaught Collections). Will keep you posted.:-|

[vandermerwe]

Hi ginantonic. If I read you correctly, I don't think you have set up a DMP (debt management plan) with the CCCS.

 

It usually takes two or three months to do so during which time you formally advise your creditors of your financial difficulties and send each a £1.00 token payment every month.

 

The DMP calls for a minimum of £5.00 per creditor per month. You say you owe £32k, and so for simplicity let's assume it is owed more or less equally to 8 creditors and you can spare £160 per month on a regular basis.

 

You set up a direct debit payment of £160 to CCCS on the first of every month, and they pay £20 to each creditor on the 25th of the month.

 

They make no deductions or later charges and, for some reason, creditors seem to respect them.

 

Their enquiry line is 0800 138-1111 and a counsellor should make an appointment to call you back a few days hence.

 

Hope this clarifies things for you - I think it's what you need.

 

Regards

 

Van

[ginantonic16]

Thanks, but I did the thing with the CCCS - they didn't offer any sort of payment plan, just 2 personal phone calls and then they sent me the relevant forms to send to my creditors, which I did over a year ago - the whole thing has dragged on since then, with me making erratic payments whenever I could afford them (the £1 was refused by them all, even when my income/expenditure told them I was in a minus situation!) I also contacted the Nat Debt helpline, who told me the same thing as CCCS - offer them a £1.

Incidentally, since my last post, Fredrickson's have actually written to me (after 4 slightly threatening phone calls demanding full payment, each time I asked them to take me to court.) once again demanding payment in full - I find it laughable that you can pay by "by cheque, or credit card"...I am in the process of putting my request in writing, as they obviously ignore phone conversations. This one is to Egg, for £2184.

[vandermerwe]

OK ginandtonic. You've got me stumped and, to be frank, I don't know what to do to advise further.

 

Since I offered to help I want to do my best but must confess I'm a bit of a newbie as well (member since April).

 

I don't know the protocol for making PM requests. There are clearly some superbly qualified people on the forum who must be simply inundated by queries.

 

OK, I'm heading into what are for me uncharted waters.

 

I'm going to send a PM to someone I think might help you, but it's entirely off my own bat so let's see what happens.

 

In any event good luck.

 

Van

[**Tilly**]

hi ginantonic i hope these links i have given you help creditors and dca,s

Harassment by telephone - response letter

http://www.consumeractiongroup.c o....templates.html

[ginantonic16]

Once again, thank you for all your replies, it's so good to know someone actually cares about us "little people"!

I'm going to use one of the templates (Letter F) and wait and see what happens. I'll keep you posted.

[sequenci]

hey there.

 

the service of a statutory demand is something that connaught do as a matter of course, the fact that you live in rented accomodation means that they are unlikely to spend out on the actual creditor's petition for bankruptcy. it's possible that they may consider going down the more traditional ccj route but you could point out to the court that they've already sent a statutory demand and could be abusing their powers as a creditor. in some ways, a ccj can be a good thing as A) interest and charges are very likely to be frozen on CCA regulated agreements and B) ultimately, the court could determine your rate of payment at a reasonable amount, i.e. £1/month. providing you keep up with the payment then the creditor will not be able to enforce the judgment (i.e. use bailiffs etc).

 

of course we want to try and prevent court action so my advice to you is that you should read the OFT's guidance on debt collection and write to the creditors pointing out any breaches (see s2.6f for example, you'll see what i mean when you read it!).

 

the only reason these creditors put a lot of pressure on via their letters & calls is due to the fact that they have very few options open to them, we class credit debts as "non-priority".

 

please consider a complaint to The OFT about Connaught's use of bankruptcy proceedings, or the threat of it.

 

so here are 5 things to do.

 

1) stick to your guns

 

2) deal with everyone in writing, keep copies, send recorded if at all possible

 

3) read the OFT debt collection guidance

 

4) don't let any firm get you down, ever again

 

5) stay in touch with us on here.

 

best wishes.

[Dibsthefrenchie]

Hi ginantonic, I am quite new on here as well, but the advice I have been given has put me back in control.

Have you contacted the Community Legal Services, it's free and they deal with debt advice, 08453454345.

I wish I could offer more than support, but good luck.

Dibs.

[rory32]

The reason Lloyds backpedalled o their bankruptcy threat is because you don't own any assets e.g. property. They would therefore lose lose a lot of money by making you bankrupt. Bankruptcy may be your best option however. Have you explored this option?

 

I appreciate that you can not afford to make yourself bankrupt but you may consider writing to your creditors and asking them to make you bankrupt if your financial situation is going to be a long term thing.