Frightened about my future

pixiechick_2

I think at the beginning everything is overwhelming, especially feeling stupid for getting to my age and being in such a mess. I don't understand all the different solutions and their acronyms, though I'm getting there. I just know I need to get a grip on my debts which, like yours, I have accumulated through 'normal' everyday living, no big cars, expensive holidays or flash Plasma TVs.

I'm off to bed now so that I can get up early tomorrow to start sorting out the mess that is my financial affairs.

mouseann

Best of luck, Pixiechick,

I found that the hardest part was taking my head out of the sand and admitting I had a problem.

Now I just wish so hard that I had done it much earlier, when I was so much younger and still working with a decent salary. But isn't hindsight wonderful?

But it does feel good to be doing something about it - however belatedly!

never-in-doubt

chipsmum wrote: »

Hello to the official Nid fanclub

After weeks of shaking the sand from my head, I was about to enter a DAS (Scottish equivalent of DMP but guarantees frozen interest) when I came across this thread. I spent about 3 hours reading through your progress from a Mouse to a Lion and decided that maybe Super Nid could do something for me too.
I have joined his main Unenforceability thread and have even had a wee reply from him from the train - the man is indeed a godsend.:A
My story very briefly is that I have a good job and have been with the same company for almost 32 years on a decent wage but have made some incredibly stupid financial decisions over the years and now owe over £100k :eek:
I have robbed Peter to pay Paul for so many years now that it feels like the normal thing to do but Peter has finally run out of money. I have tried to up credit limits and consolidate but have been flatly turned down - Just as well really as it would have only made the situation worse.
My OH has lost his job due to being snowed in a few times (we live in a remote area) and is taking advice about whether it's worth pursuing his case via an Employment Tribunal but at the moment we are down to one wage that doesnt even cover my monthly debts.
So to cut a long story short, after this month I basically cannot service my debts and need some drastic action hence looking at DAS. I feel like a hopeless case and am very down one minute, then I read about your journey Mouseann and think, what the hell, it's only money !!! I am 48 years of age so a bit off retirement yet but have a very good company pension and will eventually receive a decent lump sum that should allow me to enjoy retirement if I can take action to reduce my debts before then.
Thanks for listening and hope you don't mind me pinching a little piece of Nid's expertise.

Hiya chipsmum

I'll await your reply over on my thread - if anything stay there for the time being with your particular problems, its easier to control in one place, but obviously feel free to come here and chat with the lovely guys n gals we have on this thread

I'm on the case, worry not - things will seem less bleak in a week or two.... you do need to do what Ann done, and PM me a list of debts, lenders and status (default etc).... obviously you should encure you do not bank with any of the people you owe money to as they will utilise RoSo (right of set-off) and take your income, so in the meantime just cease paying all your older debts for now, to leave yourself some funds and enough to live on whilst we get this sorted.

For debts taken after April 2007, you should also continue to pay these, along with any secured loans etc... basically protect yourself, so ensure you pay all secured stuff, all recent stuff and stuff linked to your existing bank account - if necessary, you need a new account with a neutral bank.

I'll await your reply on my thread/PM - but whatever you do, don't be getting worried now. We should rename this thread the £100 grand or more club :eek:

:beer:

never-in-doubt

mouseann wrote: »

And I am sure that if NID can help he will - I dread to think how much stuff he will have waiting for him when he gets back!

You really want to know :eek: :eek:

50 PM's - yep, inbox was full...
73 emails - yep, people don't listen when I ask them not to bombard me! (not you by the way lol, other people - just in general) :eek:

Sooo, today will be spent with sore fingers I guess (and an extremely bad hangover)! Will be back soon to respond to your "recent developments"...

never-in-doubt

bubbles12345 wrote: »

Sorry to jump in on your thread Mouseann, but I just wanted to ask the knowledgeable people that are helping you if it is only loans/credit cards etc taken out prior to 2007 that can be deemed unenforceable?

Back to Mouseann, I've read a lot of your thread and I really hope things work out ok for you. You seem like a lovely lady and I really hope the stress of all of this is behind you very soon :-)

Hiya

Have a read here Unenforceability & Template Letters III - moreso pages 1 & 2.... the FAQ should help as well: #35

Yes you can attempt unenforceability on agreements taken out after April 2007, but unfortunately the rules have changed somewhat and section 127 was repealed which means that (in a nutshell) its much harder to fight and also, chances are the agreement is actually enforceable.

However, you can still send a CCA request - but to enforce it the lender must still have an original agreement to take to court - HOWEVER the judge can, if he chooses, make a judgement as there is no s.127/s.65 protection. So if the lender provided good cause and proof that you took the facility out (this includes a reconstituted agreement) the judge could decide in their favour and award a Charging Order or CCJ against you.

Ergo, do not attempt unenforceability unless you fancy your chances in court - also, I do not have to the time or inclination to start fighting for post 2007 agreements, they are way too complex and the law is uncertain as are most judges

Sorry.

never-in-doubt

Morning Ann,

It keeps getting better for you

Further to your email, the following agreements are all unenforceable, see below each to confirm why and what to respond with:

Barclaycard Visa - Unenforceable as they have only sent you terms & conditions, no CCA and also incorrect terms. Basically the date you took this card would mean default charges would be at the previous rates of between £20-£30. The terms they have sent is the most recent, relevant to that type of account (as they are only £12). As such they are still in default and as such the account remains unenforceable. You should respond with the following - CCA Query - Terms & Conditions Supplied - and see what they send back. We want them to reply with a CCA, terms as at account inception and the most recent terms (which is what I seen in your document today).

Barclaycard Mastercard - Unenforceable - exactly the same as above. You should respond with the following - CCA Query - Terms & Conditions Supplied - and see what they send back.

Morgan Stanley - Unenforceable - exactly the same as above. You should respond with the following - CCA Query - Terms & Conditions Supplied - and see what they send back. With this you need to see the original CCA, terms at account inception, variable terms when the agreement changed hands and also the most recent terms (so 3 sets of terms)...

never-in-doubt

Hi again Ann,

Your morning is getting better by the minute

Regards to the Egg stuff (how many pages!) - it is also unenforceable, they have simply scanned and sent your application form - great! Ermm, yea it would be if those were legally classed as a CCA in court (naughty Egg)

Sooo, here we are - they have complied by sending you current terms, but we want terms that were set in place as at account inception along with a CCA that links to these terms, or contains the prescribed terms and is signed by both you and the lender. Nothing like that was present....

Respond with this template and as usual, wait and see what they come back with (should be funny, Egg are a nightmare to deal with!).. CCA Query

never-in-doubt

savingwannabe wrote: »

I hope NID is enjoying himself. We must find out if he already has a Blue Peter badge.

What me? I thought I was the alcoholic one of the thread :rotfl: :rotfl: :rotfl:

If I went near Blue Peter i'd have had to steal the dog, so nope, no BP badge for Niddy

never-in-doubt

mouseann wrote: »

Have been working on the scanner for the last 2 hours - still not finished! I need to get some documents compressed and sent to NID - one of them is just huge!!!

Ann look at the bright side though, scanning for a couple of hours has just saved you what, over thirty grand (£30k)! Not a bad hourly rate if I say so myself.....:rotfl: :rotfl:

I want a job with you please

mouseann

Morning NID,

I am not being an early worm - woke up early so brought thr laptop upstairs!

Welcome back! Hope the hangover is not too bad - but I am sure it is worth it!

I am soooo grateful for your quick responses and quite touched that you have already spent so much of yout precious time working on my behalf.

I will get the letters sent off today - as soon as I get up! Just a small query regarding Morgan Stanley. As this was the account for which they sent the "wrong" document - a signed agreement from someone completely different with the sam surname - do I still send the same letter as the others or do I send te one you originally suggested. It would be good to tell them that they had fouled up but I will be guided by you on this one!

And thanks very much for everything - as ever.