Trying to gain control and losing it

MagicJames

Hiya all

First time used this site so forgive me if I need to do more things than putting below.

I am desperately trying to get my house budget under control, my husband and I are in debt by approximately £16,000. I have tried to negotiate with our debtors to no avail, I did try and use one of the debt free people of the internet but they wanted us ot pay over £500 per month to clear the debts we then found out that most of the money went ot them before it went to our debtors. I have now been in touch with one of the debt free people recommended by this website, however my main problem is getting my house hold budget under control. We are currently in arrears on our rent by £543 which I am trying to catch up on, I just feel like I am robbing peter to pay paul. My husband is the main income earner as i only work part time due to the fact i am returning to study to become a paramedic. I have cut out some of the non essential things like SKy TV - unfortunately i am in a 12 month contract with BT for our internet and phone - dont know if i can get out of this. It is a really stressful time for my family as I am losing my dad to cancer and every day there are more letters arriving saying they are taking court action. I have even considered BR but really dont want to go that way if posible. Can anyone please help. Let me know if I need to give you more info.

Thank you for listening to me waffle on.

Dez-Titute

Hi MJ,

As you have the internet why not have a clear out of old stuff you no longer want/need and sell it on EBay.

Make sure you contact one or all of the following National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | local Citizens Advice Bureau.
Have you done your Statement of Affairs (income & expenditure) yet, without payments to debts? If you put this up on here then the someone here will be able give further guidance.

Cheers DEz

MagicJames

Hi Dez

Thanks for the reply - can you tell me where to find the statement of affairs - sorry not used this before

thanks

Dez-Titute

Follow this link it will give you an example its also a very good site

http://www.ned-cab.org.uk/debtselfhelp/bankruptcy_628_1.asp

Also have a look at Fermis STICKY at the top of the page
Bankruptcy: Useful topics, factsheets & links - suggestions please?

So_Sad_Angel

Evening MJ,

Welcome Honey. Well done for posting...it sounds a very stressful time. Please be careful who you speak to re the debt & make sure that you talk to the debt charities only...their advice is free & unbiased as they don`t make a profit out of your debt crisis!

See the top toolbar for links etc or go on to CCCS debt remedy online to get an indication for best solution.

Angiexx

MagicJames

OK this is my outgoings and income:

Husbands income : £600 per month
My Income : £400 per month
Child tax credits : £612 per month
Chid benefit : £125 per month

Total Income : £1737 per month

OUTGOINGS:

Rent : £376 per month
Council Tax : £140 per month
Electric Key meter : £30 per month
Car Insurance: £60 per month (2 cars)
BT Internet : £26.00 per month
Phone bill : £45 per month
Water rates : £52.50 per month
Baliffs : £40.00 per month
Garage rent : £25 per month
Repaying MUM : £50 per month
Shopping : £95 per month
Clothes : £ 70 Per month
Petrol : £180 per month
Daughters piano : £60 per month
Sons football : £10.00 per month
TV Licence : £10.89

Total Outgoings : £1520.39

This is below our income but i just dont understand how it is I am not managing the money I have tried everything - we need 2 cars because we live in a rural area and my part time job is domestic home care for the elderly and also I am having to go to my parents every day as I am a carer for my dad to, we do not go out socialising. Where am I going wrong.

MagicJames

sorry forgot to mention our debts are approx £16,000 to bank loans and credit cards, mobile phones and welcome finance who i have tried to get to lower the paynments but they wont so that is an extra £57.00 per month coming out.

I have also been the victim of fraud and I am in the process of trying to prove to Capital One that I have never had a credit card with them. Things are really tough I am pretty low at the moment and i am terying desperately to sort this out. My husband comes on this sight regularly and recommended i speak to you. He may want to add to this post at some point.

Thanks

Maria
xx

blind-as-a-bat_2

To be blunt the reason its not working is your budget, if that is correct, is unrealistic.

you are allowing £3.14 per day to feed at least four, and supply cleaning materials etc. with the cost of everything rising thats just no where near enough so am pretty sure your going over there.

theres no mention of school meals, but even if you all take pack lunches that still wont fit.

You dont mention gas either, what form of heating do you have, if its electric im a bit dubious as to whether £30 a month, espiecialy on a token meter will cover it, just sounds low to me.

One trick from the DFW board is keep a spending diary for a few weeks to see where it is really going, as i think you will find some of those figures will be higher

firesidemaid

are you not entitled to any housing benefit or council tax benefit at all?

fiveyearplan

Hi MJ and welcome! I'm so sorry to hear about the troubles you're have and especially that your father is ill. Regarding Capital One send them a letter asking for your Consumer Credit Agreement (CCA).

Dear Sir/Madam

Re:−
Your Ref:

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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. 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.

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, therefore if I do not receive evidence that I owe your company any monies by (enter date 12+2) , I will have no hesitation in passing your details to the Office of Fair Trading.

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.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully

It may also be worth getting your credit file from the 3 credit reference agencies in case you have other fraudulent accounts.

fiveyearplan

What about working tax credits?