Frightened about my future

never-in-doubt

RAS wrote: »

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.

Thanks RAS - excellent points. :T

Just to reiterate, if and when we encounter any unlawful defaults we'll get them removed at a later date - right now we'll concentrate on sorting what is enforceable from what is not enforceable.

Afterwards, i'll speak to 10past6 about the defaults etc as we may not fight these, depends how things look and the overall result. As I mentioned earlier, at 65 a default now means little. Its more the formal action, such as CCJ's but before this - we'll stop them from applying as we'll leave the account status in limbo (dispute) meaning no formal action can be taken.

Jobs a good un as they say!

Regards to the harassment letters, as mentioned in my post above, personally i'd change my number - that would be easier all round. After all, if the OP is moving in the near future anyway, why not?

So to summarise, don't be hassling 10past6 right now, we'll sort any legal threats directly as and when they arrive - let me know first cos half of them are actually bullsh!t so saves wasting other peoples time.

Things will start to improve dramatically for the OP - i'm just surprised I missed this thread ooops *hangs head in shame*

mouseann

Thanks yet again to everybody,

I have spent a couple of hours working hard in the garden and am feeling much better about everything.

It has me realise that trying to cope on my own just does not work - I just hope everybody does not get fed up with my posts about trivial elements of this case.

And, obviously, I am going to report on progress ...

misscousinitt

Just a throw away thought - Warm Front Grants - for your boiler? or energy efficiency? Might make you house a bit more saleable.

Worth looking into?

GeorgeUK

Hi Nid, glad you were able to find this thread. Hopefully we'll be able to give mouseann some peace of mind. (Been off ill for a few days)

Mouseann, there is legislation which states that if an agreement is not properly executed (has all the required terms as laid out by legislation and in the prescribed form), then a court SHALL NOT enforce the agreement - s.127 of the Consumer Credit Act 1974.

If you're still not sure of the next step, just yell out and we'll point you towards the templates and what letters need to be sent out. If there's anything you're not sure about, we'll try to answer asap.

never-in-doubt

Hi George - hope you're feeling better?

Ive not linked to any letters yet, as you know my thread has them all, because I am waiting on a reply then when the OP is happy - i'll link and do the relevant letters for her.

Cheers

mrscmr

ann, please never think we will get fedup with your posts... i am always cheered by the fact that people read and post on my diary [although between u and me its as boring and very average to read!]

there are some fab people who can help... just reading how much people want to help must boost your spirits!

try to have a good weekend x

mouseann

Hello again everybody,

I am welling up with this - and feel quite a bit of relief!

Never-in-doubt (aka knight in shining armour!) I have sent a PM that I have spoken to Payplan and cancelled my authorisation to deal with people. I also mentioned that PP did not actually offer to help with the phone calls, letters, etc. - they just advised me on how to handle them, which is pretty much what people on this board are saying.

Thanks for the comment re the heating misscousinitt. My house has electric storage heaters, which are quite elderly, and they are throwing out black greasy stuff on the walls. I have asked for advice from the manufacturers, Dimplex, but they could not help - probably didn't want to admit liability! I did speak to Help the Aged/Age Concern about a grant but they were unable to help - I also checked with my buildings insurance company.

However, I may be able to save a little bit of money - my extravagant days of keeping up appearances are well and truly over! - to get part of the house professionally decorated and perhaps the worst offender of the heaters replaced. In the meantime, I am concentrating on decluttering the house - and putting as much as possible on Ebay.

And sorry to hear that you have been poorly, George. Hope you are on the mend now!

I am just so grateful for all this ....

Buffythedebtslayer

Excellent news all round MouseAnn, very glad this wonderful forum and the fab people on it are going to help you.

really pleased xxxxx

mouseann

Hi never-in-doubt and others,

Having spoken to Payplan, I can confirm that I am ready to take the first step in the unenforceability process.

And thanks yet again to everyone.

never-in-doubt

mouseann wrote: »

Hello again everybody,

I am welling up with this - and feel quite a bit of relief!

Never-in-doubt (aka knight in shining armour!) I have sent a PM that I have spoken to Payplan and cancelled my authorisation to deal with people. I also mentioned that PP did not actually offer to help with the phone calls, letters, etc. - they just advised me on how to handle them, which is pretty much what people on this board are saying.

Hi Ann,

Right what you need to do then is work through each creditor and send the letter below off to them, you should send one letter per account number regardless of if there are more than one of the same company (i.e. 3 barclaycard debts = 3 CCA's to be sent) and remember to send a £1 PO or cheque and post them recorded delivery so you have proof....

Can you read my post at the top of this page and confirm what you're doing about phone number, can you change it or are you leaving it the same for now?

If things get tough, you send this letter regards to phone calls - Harassment by Telephone

So, send the CCA requests off and then let me know when they start to respond - you do not pay anything from here-on-in - all payments are to stop except on secured debts.

You ok with this so far?

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Attached is payment in the sum of £1.00, which is the statutory fee - note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully




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