Frightened about my future

never-in-doubt

MouseAnn,

Hiya - sorry for the delay in getting back to you. Right having read the last 8 pages one thing stands out to me, you're 65. Therefore please, and take this with the greatest of respect, sod working, sod morals and sod this!

You really really need to start making positive decisions, i'll give you your options - as below:

1. You try and struggle on paying and put yourself in an early grave
2. You cease repayments, come visit my thread and we'll sort this for you
3. You speak to CCCS & PayPlan and continue to pay for the rest of your life (throwing it down a bottomless pit)
4. You continue working, ultimately leading to the same outcome as No.1.

Basically, from the content of your PM i'd hazard a guess at being able to guarantee to get most of these sorted for you - in that I mean yea, you'll be left with a dozen defaults but then you'll not be paying out each month.

If you want to consider the Unenforceability route then just confirm and i'll sort this for you - at least that way all your stresses will drop, you'll stop getting calls/letters and will have some normality back in your life.

Give it around 3 months and this will be a distant memory.... they will not touch your house either - they will also not be able to CCJ you - the worse they can do is try and scare you (that's where I come in) or try and make you pay (which you simply do not).

Let me know, just update this thread with a yes or no, and i'll advise what you should do.... you have nothing to lose listening to my advice. Point is forget a DMP - forget working - forget bankruptcy.

Finally stop worrying! The lenders cannot touch you (not now anyway, we'll make sure of that)..

never-in-doubt

Buffythedebtslayer wrote: »

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

DMP companies cannot offer any guidance on unenforceability - therefore pointless even considering this as an option. You either decide to go on a DMP and prepare yourself for a lifetime of making poxy payments, or you try the unenforceability route and if that fails, you then consider a DMP/BR/etc etc....

If you're on a DMP and decide to pursue unenforceability, they will drop you because it would give an unfair advantage to creditors which defeats their ethics and business practice.

macgirl

never-in-doubt wrote: »

Finally stop worrying! The lenders cannot touch you (not now anyway, we'll make sure of that)..

Looks like your Fairy Godmother/father has arrived Mouseann

Great post Niddy! :T:T:T:T:T

never-in-doubt

mouseann wrote:

I have given Payplan the mandate to deal with my affairs, and I am not sure where I stand by trying for the enforceability.

Ring PP and ask them to put things on hold as you're going down unenforceability route and will not be making any payments for the forseeable future...

mouseann wrote:

Until Payplan contact the various companies with repayment offers I have made a very small, token payment, but the amounts Payplan are going to make are also very small.

Yes, you'll be paying forever and should you die, then all debt will be taken from any assets you have - not nice for your kin to have to see this mess is it? Lets clear it now, so in 6 years everything will be done, dusted and forgotten about...

You will have to cease token payments, i.e. you've already made the last payment you ever will (unless they come enforceable - we'll come to that later)... Can you give your word that you trust us enough to do this and do not back down? It will be hard for the first month then everything will come to a head and anyway, i'll be here all the way with you if you want...?

mouseann wrote:

Have just sent these off and waiting for the inevitable phone calls.

Once you send the CCA request, it'd be a good idea to change your landline or at least, warning the creditors not to call - we'll cross that bridge as and when we need to.

mouseann wrote:

I have only just finished work so I managed to scrape together(by robbing Peter to pay Paul!) the minimum repayments up until then.

No need to pay anymore now - unless you want to of course?

mouseann wrote:

I haven't received any default or CCJ notices - this is the bit which worries me silly!

Why? You never see inside the court room, it is only a piece of paper and they cannot obtain judgement (ccj) on an unenforceable debt anyway (see my signature below) - however they will default you, I can get them wiped if necessary but due to your age i'd really not bother cos you will not be getting any more credit again now lol

mouseann wrote:

I can certainly manage the repayments on my mortgage and secured loan from my pension.

Excellent, that is the main thing....

mouseann wrote:

I have applied for a bank account not connected to any of my creditors, and am waiting for the details for this, so until then I am making minimum payments to First Direct/HSBC but can't do this next month

Hmmm, you need a new account asap otherwise any shortfall can and usually will, be taken using RoSo (right of set-off)... basically they can dip into your bank account for the arrears on any other "group" debts....

mouseann wrote:

1. Tesco Visa
2. Barclaycard Visa
3. Amex
4. Bank of Scotland Visa
5. Barclaycard Mastercard
6. HSBC Mastercard
7. Royal Bank of Scotland Mastercard
8. M&S Mastercard
9. Debenhams (Santander)
10. Barclaycard Platinum Mastercard
11. Barclaycard Goldfish
12. Egg Visa card
13. First Direct Visa
14. Capital One Visa
15. Laura Ashley (Santander)
16. John Lewis Mastercard
17. M&S Reserve account (not a credit card, so not sure about eligibility?)

The amount of cards you have is bordering ridiculous and to be fair, you'll probably end up with no more than 3 or 4 enforceable debts out of all this (1st direct/hsbc being 2)....

mouseann wrote:

Would appreciate any advice - but not sure what I need to do about Payplan and their "offered payments", which may not be accepoted.

Can you ring and cancel any agreement - you need to forget monthly payments, it serves absolutely no purpose whatsoever! Get this cancelled and if necessary, at the end, you consider a DMP for the debts that are enforceable.... you'll see a huge difference...

mouseann wrote:

Thanks again for your time in helping with this.

No probs, but you need to make some decisions and make them fast.... once you've cancelled PayPlan, let me know and i'll start to get the ball rolling with you.....

As an aside, whoever mentioned going on a DMP needs to think of a career change - sorry but this was the worst possible advice given to you on this thread, i'm not going to name and shame but suffice to say it was bonkers trying to get a pensioner (no offence) onto a DMP with debts over £100k!

never-in-doubt

Nargleblast wrote: »

Mouseann, you may find Never in Doubt lurking around the notice to newcomers thread, he has been causing us ladies a bit of havoc on there whilst Numpty Monkey has been away! Alternatively you can always send him a private message - find his name in the list of members then click on the option to send a private message.

I have not been causing you ladies havoc! More like you all bullied me into submission until I hid behind the sofa for two days... :eek:

I can't help it if I make your heart flutter hehe :whistle::whistle:

macgirl

Niddy - You are a Star :A:A:A

butterfly320

Im not sure why they are scared but according to a dog trianer I no the best thing to do is ignore the fear and make sure not to change your facial features when they show fear they may think that you want them to react fearfully when you do that certian thing or face when trying to compensate for them

mouseann

Thank you all so very much for these kind words,

And as for never-in-doubt - fairy godfather/doesn't do it justice. In fact, I both laughed and cried whenI read these comments.

Based on the options given - and thanks again for the plain-speaking - it seems as if the decision to take the unenforceability route is a "no-brainer". I am going to contact Payplan to inform them of this decision. In fact, they were the ones who mentioned the DMP route!

I have been waiting for the phone calls to start - and that in itself is very stressful. I suspect that I would be getting these even if I used the DMP option. Think I can cope with them - at least at first! - and the letters but it is the visits from collection agencies that really scare me! When the phone calls start I intend to make a record of their frequencies and then complain when they reach saturation point!

Regarding selling the house, this is something I had been considering because I have a grown-up son who lives about 200 miles away and I would like to be nearer him and my little grand-daughter. They have problems of their own, so I don't worry them by confiding in them but I know they would welcome me and wouldn't ask too many questions if I rented rather than bought a property.

So, a couple of supplementary questions.

1, If I do decide to put my house on the market - and it will be a couple of months before I am ready to do this - will this cause any problems with the situation? Particularly if I intend to move some distance away? I was wondering whether it might make these people more predatory.

2, I am intending to visit above-mentioned son - not until next month - but may stay for a couple of weeks. Is this likely to affect the situation - i.e. I won't be there to reply to phone calls, letters, etc.?

Thanks again for all the help, advice and just lovely comments. They do mean a lot to me - I was feeling very low yesterday (probably because the sheer enormity of my situation had finally clicked in!) but am feeling a bit more positive now. Am about to spend a little time in the garden.

I just wish I could give you all a bi hug - particularly never-in-doubt!

RAS

Hi

Do as NIDdy suggests.

You need a telephone letter. This reduces the scope for calls. Some companies may not comply but by that stage they are guilty of haressment if they keep ringing and you can report them.

Once you send the letters out, the company has around three wekks to respond before the debt goes into dispute. You should be able to get the dispute letters out before you go.

There is a stage two in the process, which you will need for any of the debts which prove enforceable.

NIDdy sometimes double hands with 10past6, whose speciality is default notices.

Once you stop paying, at some stage in the next 3-6 month you will get a letter demanding repayment of the full sum owed and threatening legal action if you do not cough up. This is the default letter and it has to be written in very precise terms to be legal. 10past6 can tell you if any of them legally complaint.

if anyone tries to take legal action (they sometimes try even if they do not have the legally complaint documentation in the hope you do not know), 10past6 can help you defend the case.

never-in-doubt

mouseann wrote: »

And as for never-in-doubt - fairy godfather/doesn't do it justice. In fact, I both laughed and cried whenI read these comments.

Well from here-on-in there will be only laughter, as each letter confirms they will not pursue the debt lol - no more tears...

mouseann wrote: »

Based on the options given - and thanks again for the plain-speaking - it seems as if the decision to take the unenforceability route is a "no-brainer". I am going to contact Payplan to inform them of this decision. In fact, they were the ones who mentioned the DMP route!

Wise choice - details below.

mouseann wrote: »

I have been waiting for the phone calls to start - and that in itself is very stressful. I suspect that I would be getting these even if I used the DMP option. Think I can cope with them - at least at first! - and the letters but it is the visits from collection agencies that really scare me! When the phone calls start I intend to make a record of their frequencies and then complain when they reach saturation point!

Ok, nobody has a right to call at your home address. They must first write and tell you, if they do you must PM me immediately and I will sort is for you. However, as for phone calls - can you change your number? It would make life easier and for the 20 letters at 85p each to send, you'd be cheaper changing it.... if you can let me know, if you cannot let me know and i'll advise as appropriate for you.

mouseann wrote: »

Regarding selling the house, this is something I had been considering because I have a grown-up son who lives about 200 miles away and I would like to be nearer him and my little grand-daughter. They have problems of their own, so I don't worry them by confiding in them but I know they would welcome me and wouldn't ask too many questions if I rented rather than bought a property.

If you're going to sell up then proceed as planned, this has no bearing on anything you do - nobody will touch your house - not with us around. Do not worry. They have no legal recourse to even attempt it and we'd get any judgement struck-out anyway. So regards to the house, do whatever you feel is best for you ok?

mouseann wrote: »

1, If I do decide to put my house on the market - and it will be a couple of months before I am ready to do this - will this cause any problems with the situation? Particularly if I intend to move some distance away? I was wondering whether it might make these people more predatory.

No, it has no bearing on anything - they can become predatory all they want - the law is black and white and even if they get a Charging Order, we'll just get it wiped the same week for you....

mouseann wrote: »

2, I am intending to visit above-mentioned son - not until next month - but may stay for a couple of weeks. Is this likely to affect the situation - i.e. I won't be there to reply to phone calls, letters, etc.?

1. From here on in, no more phone chats to creditors ok? You have to be firm and no matter what - you cannot speak to them! If they ring and ask for you, deliberately fail security! i.e. "Hi is this Mrs Ann" - who? Sorry wrong number - hang up.

Get the idea? We only deal in writing - no chats! :mad:

2. It will take several weeks to resolve, go enjoy yourself and forget this - it will get better from now, no more stress ok? promise?

mouseann wrote: »

Thanks again for all the help, advice and just lovely comments. They do mean a lot to me - I was feeling very low yesterday (probably because the sheer enormity of my situation had finally clicked in!) but am feeling a bit more positive now. Am about to spend a little time in the garden.

I just wish I could give you all a bi hug - particularly never-in-doubt!

Aaaaw, ok - so are you ready to move forward? happy with everything so far?

As for PayPlan - ring locally here: 01476 583238 or free here: 0800 9177823