Frightened about my future

LuckyBiscuit

Hi, just wanted to send big hug's!!!!

The people on this site are great, but it's a real shame you have no family or friends to have a cuppa with you and go through things with you, But on the other hand you have us.

With regard to the heating situation - i might be mistaken but isn't there a website that people offer skills on to swap!!! Can't remember what it is thopugh??

If not isn't there a friend with a bit of knowledge that could look at it for you................

Good kuck with your Journey

TMVen

GeorgeUK

For the unenforcability, it is basically checking if the creditor has a copy of your credit agreement and that all the required terms are there. If they don't have a copy or ALL the required terms are not on the agreement, then the agreement has not been properly executed and therefore unenforcable.

First thing to do is check to see if you've kept your paperwork. Then check to see if the terms are on there properly or not - you may be able to scan them in and post a link to them for us to view here - just take off your personal details beforehand.

If you don't have copies of the original you could send a CCA request (cost £1) but they are allowed to provide a reproduction which won't have your signature. There are a couple of ways to deal with this - i would suggest sending a subject access request (SAR - cost £10) but that could prove quite expensive so worth checking any paper copies first. Others prefer not spending extra but you're still a while away from deciding this.

mouseann

Thanks for the reply, GeorgeUK.

I appreciate this being put in a more simple way. I have looked at the thread but could not really follow it properly.
I certainly have not kept the copies of the original agreements, many of which are over 20 years old. I am in Payplan are currently working out something for me but in the meantime I am making small payments and waiting for the inevitable phone calls.
Am I right in thinking for the unenforceability thing to work I have to completely default - i.e. not pay anything at all? Obviously, Payplan are not going to encourage this.

Thanks again to everybody for their help and support.

GeorgeUK

You can continue to make payments towards an unenforcable debt if you wish. Most people don't though. After 6 years of non payment the debt would become unenforcable due to it being statute barred which basically rules out a creditor finding a copy of a properly executed agreement. This would only happen if they had made no payments towards the debt or acknowledged it in writing during that time.

macgirl

I've been following your diary Mouseann. I can't offer anything of any help except to say, keep posting. There are truly wonderful people on this site who will undoubtedly give you excellent advice and support. We're all routing for you.

Take Care x

hypno06

I know you have been lurking, mouseann.......is there any progress?

happyhaddock_2

Hi Mouseann hope you are well, been thinking about you, as Hypno says "is there any news"?. xx

mouseann

Thanks Happyhaddock and Hypno,

I am so touched by your concern! Haven't posted anything recently because Payplan are trying to get me sorted out for a DMP. Not sure it is going to work - I am seriously considering that the best option is to sell my house somehow and find somewhere to rent. I have also contacted Age Concern but there are no grants or anything to make it more attractive - so I guess I am going to have to accept the best offer I can get. If the CC companies accept a lower offer I may even end up getting the deficit written off - I can only hope!

You must be very intuitive - I am feeling quite low today and have decided I don't like this retirement very much, as it is quite lonely without money to go out and about, especially as the weather has improved.

And it is quite funny that I find it so much easier to confide on people on this discussion board than I do talking to my own family ....

happyhaddock_2

Hi Mouseann lovely to hear from you:), sorry to hear you're feeling a bit down. I think it hits us all at times, bit like a roller coaster:o. Now the nice weather's coming do you like gardening or going for walks, anything that's free and gets you out of the house;).

I hope Payplan will be able to help, do any of your creditors know about your position? Please try to stay positive, they can't take what you haven't got, at least that's the way I've come to see it:p Take care of yourself it's not worth making you ill over:A

Buffythedebtslayer

MouseAnn, did Payplan talk to you about unenforceability side of things? Did they make any suggestions? I am not sure it is their remit mind you....do listen to George, he knows his stuff.

Did payplan suggest the house selling or would you just prefer to get things sorted?

Hope you don't mind me butting in, I read your post the other day but didn't know what to say.I hate debt, especially on sunny days when you would like to free of worry. Just keep in mind you will get free of it, especially with this forum.
keep posting - we worry!

Love Buffyxxx