F & F offer please look at I & E

GeorgeUK

If they can provide a copy of the agreement, with all the prescribed terms on it and the signatures, then the debt will be enforcable. If the terms or signature are not all there, then the debt may be unenforcable and payment need not be made until a court decides it is enforcable. To do this they would need to present a copy of the CCA containing the signatures and prescribed terms to the court - this will let you see if they have this document or not.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

Note - this is the legislation for a basic CCA request under the Consumer Credit Act. It should however give you a flavour of what the SAR could achieve if an executed CCA is not provided.

homealone_2

i am still waiting for replies for my f and f offers to halifax and lloyds (only posted weekend) although they have been ringing me at least 6 times a day not counting text messages. today however i received a letter from a company called albion ltd who say they are now acting on behalf of halifax and as i am £585.86 behind with my payments they want me to contact them urgently. do i ring them and say i have made f and f offer and awaiting a reply? do i tell them something else or do i even ring them at all? never received a letter like this before and if its purpose was to scare me silly, it worked

epsilondraconis

From what I've read on these forums the advice is always, NEVER EVER ring the debt collection agency.

Unfortauntely I can't offer any other advice. I thought I would post that, just in case you thought it would be a good idea to call them.

homealone_2

thanks for letting me know, must admit i have picked up phone 3 or 4 times today not sure what to do

homealone_2

still awaiting replies from my f and f offers, but today received my first default letter charging me £50 for defaulting. how long do i wait for these replies before i start another course of action? thankfully i have caller id and now recognise both creditors numbers as they start ring at 8am and are still ringing at 9pm, thats as well as text messages, voice mails, all i am short of now is them actually knocking on door. i hate this but if i speak to them they just really upset me. i am still making good gesture payments. i cant believe that all i am actually behind is £585 with one of them and yet they have already set a debt collection agency on me. do i just ignore these letters? i feel totally unprepared to fight these people and i know i really ought to get it together but i dont really know what i am supposed to do next. the tax credit people have finally sent copies of all payments made to me since 2003. so i can see how i owe so much on one particular day in 2005 they made 2 payments into account totalling £1000, surely that had to be wrong? i feel so stupid that i let my husband deal with all this but i was so sick fo so long i could not have coped with it all, now its raining down on me. i cant believe they have waited so long to inform me of such a large amount. the letter asks me to call them bt last time i spoke to someone i was toldthey would review my budget in april so not sure if i should just wait for then?
can someone tell me where next to turn please?

homealone_2

:j just bouncing t see if anyone around that can help?

GeorgeUK

Do you have alot of charges on the accounts? If so, i would suggest sending the SAR and request a copy of the credit agreement and all transactions for the last 6 years.

Can you post up a statement of affairs using the SAO calculator linked above?

We need to work out how much you can pay and what amount each creditor should get. (Are you in Scotland or England?) It would also be good to see if the debts are enforcable or not, but it may be best to leave that to last.

homealone_2

Household Information[/b]
Number of adults in household........... 2 have put 2 as son 18 next month
Number of children in household.........
Number of cars owned.................... car through motability so running costs
Monthly Income Details
Monthly income after tax................ 0
Partners monthly income after tax....... 0
Benefits................................ 1658
Other income............................ 386.24
Total monthly income.................... 2044.24
Monthly Expense Details
Mortgage................................ 0
Secured loan repayments................. 0
Hire Purchase (HP) repayments........... 0
Rent.................................... 520
Management charge (leasehold property).. 0
Council tax............................. 0
Electricity............................. 79
Gas..................................... 42
Oil..................................... 0
Water rates............................. 28
Telephone (land line)................... 28
Mobile phone............................ 25
TV Licence.............................. 12
Satellite/Cable TV...................... 42
Internet Services....................... 0
Groceries etc. ......................... 350
Clothing................................ 50
Petrol/diesel........................... 30
Road tax................................ 0
Car Insurance........................... 0
Car maintenance (including MOT)......... 0
Car parking............................. 0
Other travel............................ 10
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 0
Pet insurance/vet bills................. 0
Buildings insurance..................... 0
Contents insurance...................... 20
Life assurance ......................... 25
Other insurance......................... 0
Presents (birthday, christmas etc)...... 40
Haircuts................................ 18
Entertainment........................... 0
Holiday................................. 0
Emergency fund.......................... 50
rent arrears............................ 40
pocket money 17yr old son............... 50
Total monthly expenses.................. 1459

Assets
Cash.................................... 0
House value (Gross)..................... 0
Shares and bonds........................ 7000
Car(s).................................. 0
Other assets............................ 0
Total Assets............................ 7000

No Secured nor Hire Purchase Debts
Unsecured Debts
Description....................Debt......Monthly.. .APR
hmrc...........................12289.....0........ .0
lloyds card....................5638.07...0.........0
halifax loan...................8940.71...0.........0
marks & spencers...............511.00.......0.........0
Total unsecured debts..........27267.78..0.........-

Monthly Budget Summary
Total monthly income.................... 2,044.24
Expenses (including HP & secured debts). 1,459
Available for debt repayments........... 585.24
Monthly UNsecured debt repayments....... 0
Amount left after debt repayments....... 585.24
Personal Balance Sheet Summary
Total assets (things you own)........... 7,000
Total HP & Secured debt................. -0
Total Unsecured debt.................... -27,267.78
Net Assets.............................. -20,267.78

yes i do live in england
still bit confused about the sar although i did read up on the posts you listed for me to read my understanding is that you can only contest these monies if you have no knowledge of owing them money in the first place??
i do not have many charges, my halifax so far have charged me 2 lots of £10 for calls made to tell me i owe money and now a letter for £50 saying a default notice charge and maybe couple of late payments? my lloyds has charged me 2 lots of late payment £12 a time
they both are calling at least 10 times a day but still have not received a reply to my f and f offer, did not include copy of budget just a table showing what was owed to all creditors and how much i was offering them all not sure what the next stage is ?

GeorgeUK

Right, first an explanation of the CCA and SAR.
If the credit agreement was made before 5th April 2007, any agreement must be in the prescribed form and have the prescribed terms on it. This would mean your name, address, credit limit, interest rate, repayment details and your signature.
If you were to send a CCA request, they would not need to provide an exact copy of the original agreement and would not need to include the signatures on any copy they did send. With a SAR, as this falls under the Data Protection Act, it would need to be an exact copy - including the signatures.

You are not disputing the debt by making these requests. You have a legal right to make these requests at any time. If you decided that the agreement they sent was not enforcable, you would be disputing their right to enforce the debts, not disputing that the debt is owed.

If they are unable to produce a copy of a properly executed credit agreement (which they would need to produce in court to have the debt enforced), then the debt is unenforcable and payment need not be made until the debt is made enforcable - ie when they can produce a properly executed copy of a CCA.

Electricity............................. 79
Gas..................................... 42
These are quite high - have a look at the comparison sites to see if you are geting a good deal. (uswitch, moneysupermarket)

Mobile phone............................ 25
PAYG?

Telephone (land line)................... 28
Satellite/Cable TV...................... 42
Internet Services....................... 0
Are these combined in a package?

Groceries etc. ......................... 350
This can be cut down. Have a look at the oldtyle board for meal plan ideas. Have you tried moving down a brand (shops own)?

Clothing................................ 50
every month? cant this be reduced?

Are you making any payments towards the debts right now?

homealone_2

the amount disposable needs to have 268 taken off error when writing it down..... the figures are slightly inflated to amounts suggested by other mse for sending tocreditors when offering pro rata i have made alot of cut backs through o/s etc. so far as far asrepyments go i did tell them both i would be paying what i could when i could which was to be £10 per month but was persuaded by many calls in the first 6 weeks to add extra £10 here or there but dont think i have exceeded about £40 to each company.
have now stopped answering phone as i know the numbers but it is driving me crazy
both loan and credit card were taken out a while ago. lloyds approx 27 years ago, managed to get credit card at 16 with husband working for lloyds acting as guarantor but on own steam as of 18 am fairly sure i must have signed some form of application form at time as far as halifax loan goes am not too sure they rang to offer it on the phone and have had it maybe four years dont know for definite if i signed something but probably did. this said do you think i should apply for a copy of the sar (how did it go with your brother) and should i wait now anyway for this reply to my f and f offer, its been a week now how long do they normally take to reply? did pay them both £10 yesterday and received a default notice from lloyds today so just waiting now to see if they pass it on to a dca a well as halifax?