Feels like im going under!

kimwp

I agree with E-S that the car is the first problem to address.

Then I think you (with our help if desired) need to re-look at your SOA to work out what you can reasonably pay towards to debts, I don't think we've done that yet as we've been focussed on getting the defaults as the payments couldn't reasonably be met.

Makingabobor2

Its good that they are threatening a default, defaults are good remember.  They really can't do anything else, as ES has said, they can't get blood out of a stone. 
So sorry to hear about your car. Don't have any advice about that, other than to tell you that when we were in that situation many years ago, DH's parents gave us some money....not a loan, but a gift. Obviously they knew about our debt situation, and we never asked for money, they just gave it. Don't know if that is something that is likely to happen with you...suppose it depends if you have told family about your situation.  But whatever you do.....please, please do NOT take on any more debt. 

NiteEyez1980

enthusiasticsaver said:

Shawbrook do send threatening letters.  They won't take you to court though if you are not in a position to pay.  They cannot get blood out of a stone and CCJs take account of affordability.  The car is your biggest problem.  What is the bill to replace head gasket?  The question to ask is will it cost you more to replace it with a  cheap runaround or repair the car?  Do you have access to another one like your wifes? 

Hi ES

The letter says that they 'may' issue a default to the credit agency and may go to court.

The letter was a default.

The query is do I write to them now and offer what I can (which would be about £14.92 a month)?

As for car it would be 1.5k which exceeds its value.

My wife doesn't drive so relies on me or public transport

Makingabobor2

I would say definitely do not offer them £14.92 a month. Quite clearly you can't really afford that, you need to be saving money like that for your emergency funds, for the type of disasters you have just had.   I know everyone has different views on this, and we can only tell you what has worked well for us, but as I have said in the past. We went to a self managed DMP after a while with SC and told all creditors we would pay the minimum of £1 a month, until we could afford more. Nothing they can do about it if you send them a copy of your I&E, they can see it is useless to try and chase you for more and you will get the defaults.  

NiteEyez1980

I'm going to get about £800 sparesanx repairs and I've sold alot of my stuff:

Darts, dartboard, any jewelery, hell my wife has even sold her 18th and 21st bday necklaces and her dead grandma's ring. 

We should have about £1400 (as her parents are gifting us £300). It'll have to do

Back to shawbrook. The letter was notice of default and a threat, do I write now and offer thatbdigure along with a letter of why and financial breakdown etc?

Luke

NiteEyez1980

If you do make an offer and can evidence outgoings do they have to accept? 

kimwp

I strongly recommend that you post your up to date SOA so the experienced posters on here can tell you a sensible amount to offer - there's no point offering them an amount that puts you in difficulties.

They don't have to (IE legally) accept it, but they would be wasting their time and money taking you to court for a CCJ because you won't be able to reasonably pay more than you offer. A judge is not going to say "yes, have a CCJ for more than they can afford and let this man's children go hungry or homeless. They are more likely to say "shawbrook, why are you wasting the court's time when they are paying what they can?!" So it is very very likely they will accept what you offer because they won't get more than that with a CCJ anyway.

I don't know for certain, but I'm pretty sure that you want the default to go to the credit agency and not just be with shawbrook. Remember that the credit agency are the ones that other companies will reference for your credit history. Shawbrook will register something with them at some point when you are not paying the full amount and they are charging interest, best that it's a default than arrangement to pay. They are still trying to scare you into paying the full monthly amounts. Have they stated that interest will stop being charged?

NiteEyez1980

Hi Kim 

The letter basically says pay arrears by 30/01/2023 or we may:

Notify credit agency of default 
Ask for the full amount to be paid
Take you to court

Luke

Makingabobor2

NiteEyez1980 said:

Hi Kim 

The letter basically says pay arrears by 30/01/2023 or we may:

Notify credit agency of default 
Ask for the full amount to be paid
Take you to court

Luke

They are unlikely to take you to court or ask for the full amount, the know you can't pay, you have already told them that haven't you?

NiteEyez1980

I haven't responded to anyone yet

Luke