Hi Tawny, thanks for the reply, just to play dumb for a moment and clarify what I've read, its is down to the Bankrupt to declare all assets to the OR right? Then what would stop someone neglecting to mention certain luxury items or passing them to a family member for safe keeping or somesuch? It just strikes me that if someone knows they are facing BR, then they can arrange in advance a method by which to keep their material assets such as PC's, TV's Video games etc whether it be by them neglecting to mention certain items or just moving them out of the house for a while.

One thing I don't understand, and hopefully someone can clarify this for me, is how the OR works, what does he or she do? Is he/she the person who decides what assets you have and then take if they deem them worthy? And on that subject, how is all that worked out anyway? Does someone arrange to come to your home and have a look around and see what you have that could be worth taking or are you asked to list what you have at some point then someone calls you to discuss them? ooh, another question, what about the aftermath of BR? Are you essentially left alone then or do you maintain regular contact/meetings with OR and/or others to monitor your situation?

Couldn't agree with you more phoenix, I remember being 18 and wanting to buy a playstation 2. I wandered into Curry's and arranged a repayment with them which I would maintain all the way to completion. I always though that these were simple solutions to help them make sales long term and that they just allowed people to pay bit by bit, and that I may be required to pay over the odds for the privilege. 2 weeks later I find out that they take a loan out on a customers behalf with HFC bank, and thats who I was no dealing with. I find this out after they called me to tell me I had an extra £1700 of a loan that was unused. Of course being 18 I didn't know any of what I know now and just went wild, and it spiralled out of control with loans, credit cards overdrafts et al. And yet, no one, at any point thought to stop and tell me the consequences of running up debt, nor did anyone ever stop and ask why I wanted all this money. Sure I probably would have lied anyway, but I was 18 and without a clue as to how serious this debt could prove to be. I like to think of them as vultures, but parasites is exactly the right word for them too. It's easy to think we've brought this upon ourselves, those of us who are in debt, but at the core, if we are not informed of how things work, and nobody is out there to assist us in this minefield, can we as consumers truly blame ourselves as the banks want us too? I say not. We have been duped, we have been lied to, we have been taken in and shown a grand life and smothered with riches, then slapped in the face when we dare ask why. This financial service that is embedded in our society is nothing more than a vicious cancer that is slowly killing us all. We as consumers are the white blood cells but we can't fight back on our own. It is time for the government to take a stand and be the surgeon to cut the cancer out before it becomes terminal, if it isn't already too late.

It's surely a testament to how screwed up the financial climate of the common man is in this country when something portrayed as being the final admission of failure (Bankruptcy) is actually a moment of genuine happiness and joy. But the fact is, despite the attached stigma, Bankruptcy can make people's lives far better and far far happier. Personally I prefer to try and pay off all my own debts, but being in debt, I understand how sometimes its just not possible and I personally respect people who take the Bankruptcy road despite the stigma around it. In many ways I wish that everybody who has serious debt would take Bankruptcy just to shove it in the face of the banks and the Government. They'd be bolloxed if that happened. Would finally make them wake up and realized the consumer needs to be treated fairly rather than demonized. Respect to you on this front Antarctica.

OK, first, you'll want to ask them next time they call to stop calling you and request all further correspondance to be by mail only, without a paper trail you can't prove anything they claim unless you record all calls, and even that can be spurious. After that, if they continue to call, send them a harrasment letter telling them to stop all telephone contact or you will report them to Trading Standards etc al (There is a great template for this on this site). Once that is done, all correspondance will be via mail and you can negotiate with them that way. Take the time to run through a financial sheet for yourself and your OH to find out what you can reasonably afford and offer it to them, informing them that this is what you can reasonably afford to repay. They might well refuse, but tough luck to them if they do. If you have it in writing that you are offering them payment, and they write back refusing it, you have evidence of this. In the event they DO reject your offer, write back and inform them again that that amount is what you can reasonably afford to repay and you will be placing that money aside every month for them until they agree, at which point you will forward it to them. Remember to keep copies of all this so you have evidence of your financial sheet, your offer, their refusal and your informing them that you will keep the money aside for them. They're sure to be stubborn about it, but at the end of things, they can't get blood from a stone, and you are not refusing to pay them. If they chose to take it all the way to court, you have evidence if needed of your offer etc, and all that will happen is that the courts will judge your circumstances, see what you can reasonably afford to pay, and allocate them that much anyway, which, if you complete your financial sheet thoroughly and honestly, will be the amount you originally offered anyway. Basically, just keep offering them the amount that is reasonable for you and put aside the money every month they don't collect it, and wait for them to come round.

Correct. Missus had a chat with Debt advice helpline or somesuch today as hers is going squiffy too, and they told her that DCA's have no rights to do bugger all basically. They can badger you until you complain about harassment then they have no choice but to send it back to the original agreement holder, whoever they may be. Apart form that, there isn't much else they can do apparently.

I would say not. You'll need this confirmed of course, but it sounds to me like they are trying to get you to openly admit you agree that the agreement is valid. Kinda like they're building up some fuel for if/when this claim goes to courts. But that works both ways, as it certainly seems they are grudgingly admitting that the agreement is NOT valid, thus are trying to get you to say you agreed to the terms presented. My suggestion would be to either ignore the letter or reply saying something along the lines of 'I assumed all was correct and valid as I was led to believe such was the case upon application. Having reviewed my agreement, it is clear I was purposely misled by yourselves and that the agreement signed is indeed NOT valid nor enforceable'. Not sure if that 2nd option would work, but it seems to cover the major sticking point they have chosen. Basically they're trying to argue that by your agreeing and continuously paying them, you agreed that the contract signed was valid. Basically, if you agreed to those terms, you were happy for them, and they feel they're not responsible. If that is the case then, sorry, but it doesn't cut it. Their agreements are not valid by law and any of us who are in this boat have taken up these agreements after being wrongly informed by themselves, making the agreement void.

OK, great thanks.

So what you're saying is that such contracts are for a set minimum which the customer is obliged to pay for the full agreed terms of service, after which time he/she is free to terminate the agreement whenever they please (allowing for the 30 days notice) and up until then, the contract continues as normal? So normally I'd just send a letter requesting they close my 'account', but they haven't responded to my last 3. Should I send another one by registered mail asking to close down this account and asking why they have not closed the account on previous request?

The contract was for 12 months, which had passed in January/February, so when I started sending letters, that had gone and I assume I was left on a rolling contract. They never mailed me to say the account was coming to an end, and I don't seem to have a copy of the original agreement to check if I assumed correctly and it continues on a rolling contract after the initial contract duration has lapsed.

Anything that buys me another day whilst I am out of work and money is only a good thing. And if I can get some money back in the process, well I turn away form that chance either

Hi Gary, thanks. From your sig it seems you've been own this road a time or too as well> How are they working out for you? Truth to tell, I don't know how long I've had the card, probably about 2 years, possibly 3, not all that long really. So CCA for credit card, and SAR for loan, paid by cheque so I can trace it being cashed. Why deface the signature they request though? Is that too delay proceedings because they will claim forgery or is it to to identify which signatures are true in case they try to copy them onto other docs?

Okey Dokey, Il run with it that way then. Thank you very much.

Groovy, thankees.

Took out a barclaycard at when I was 18/19, I forget which. I maxed it out liek a complete doofus and got into trouble meeting repayments. Went through citizens advice and managed to get a repayment of £1 pcm, this was about 5 years ago. Last year, I lost my job and my bank account was closed, I never bothered contacting Barclaycard because they had never tried to contact me since I made that £1 pcm agreement with me. Since my account closed down, they have only tried to contact me once, by phone, and my girlfriend feigned ignorance. Nothing since. I haven't told them my new address since I moved 18 months ago, but I also know they haven't tried to send me letters as my old landlord would have told me had any mail gone to that house for me. So, what should I do? Ignore it and wait to see if they let it go the 6 years or get ahead of it and take the initiative? Yes they did whack on some charges, and I could certainly use that money right now, but on the flip side, If I never hear from them again, thats £2500 I never have to repay. Not sure what to do here.

OK, I have been at odds with LTSB for around a year now, staritng shortly after I first became unemployed for a lengthy period. I have a credit card, Overdraft and loan with them, altogether the amount I owe is around the £20K mark. I have been hit with repeated charges on all 3. Loan Right now, I am dealing with a company whose name I forget (I will find my letters from them tomorrow and report back) who contacted me on behalf of LTSB Loans. They have been actually very kind of patient with me, acknowledging my being unemployed and gave me 3 months free to hopefully find work before things would move ahead. They informed me quite politely that they would be able to accept small token payments (starting at £10 pcm) over 6 month periods, gradually raising, and that would be enough for the time being until I am settled in a job where I can afford to pay more. Well I haven't been able to meet that repayment nor timescale, so I know that they will soon start pressing forward with legal action. Where should I go from here? Start with CCA then onto SAR? Credit Card Still with LTSB. haven't heard from them in a while, but I was, until my JSA was stopped, paying them £20 pcm and they were content with that. Of course now I can't make that, and they will likely start calling back next month. So, again, CCA then SAR again? Overdraft. Haven't heard diddlysquat from them about it since my current account was closed down. Should I just wait until they contact me about it?

Just a quick one. I've missed payments quite frequently on my contract with 3, which was for mobile broadband, £15 pcm. About 3 months ago, I caught up with what I owed them, and sent them a letter requesting account closure and full and final amount due. got nothing Sent 1 a month since then and haven't paid them anything. This month they've had their in house dca contaact me, and I told them that I have sent repeated letters to request account closure and a full and final bill, to which the girl on the phone didn't know what to do and hung up (politely). That was about 2 weeks ago. Had nothing form them since, but I know it'll all come back around next month. Problem is, I never sent these letters by recorded mail nor made copies, so I have no proof I sent them. Surprisingly, they have never once charged me for late payments, so they don't owe me anything. I just want them to acknowledge that the account should be closed and tell me what I owe up until 3 months ago ( I specualte should be £15, perhaps £30 depending on exact date of letter being received. What is my best course of action?

OK, great, I'll get that straight into the post tomorrow. Should I send a letter to Reston's then advising them that issuing CCA to their client because Im not convinced HFC will tell Restons anything and will leave them carry on badgering me.

OK I won't call Restons When you say collection charges, do you mean late payment? Collection charges is the exact term stated on the letter from Rentons, so I assume it refers to their fee for collecting this money, and that they are trying to claim the fee from me rather than HFC By defaulted, we mean have they sent a Default Notice and registered a Default at the Credit Reference Agencies? (If they haven't, demanding full payment is termination...) I honestly don't know. I don't recall seeing a default notice letter, and whether they have registered one at the CRA's, I couldn't say. Sorry. You say you were paying £12 per month, was this a payment arrangement? Yes. This debt is 8 years old, and I got into trouble early on, no one to blame but myself, I could have paid, but I was 18 and stupid. about 4 years ago, HFC called me on my mobile phone and offered to halve my total outstanding bill and set me on a standing £12 pcm repayment, which I snapped up. That was about £1400 off my bill (which included charges etc) and cut my repayments down by about 60%. Was a great deal, and I've paid it ever since, up until December when I lost my job, and have been out of work ever since. I've managed an occasional payment to them in that time, but they've stood steadfast and refused to change since that, and my being out of work and having 0 personal income means nothing to them. Annoying thing is, in about 3 months time, My girlfriends wage increases by £50 and I would be happy to go back to paying them their £12 a month then because prior to now they've actually been very good with me.

Doesn't surprise me that MBNA have changed their minds. I have a friend who worked there a few years back, and he never shuts up about how he hated working there because "MBNA are all about profit and don't give a **** who they screw over to make their next coin" excuse my language. Sounds like a typical threat mail to me. They want to scare you into paying up, but fact is, you can't get blood from a stone. Definitely have someone else confirm if this is a good idea or not, but I would send a letter to Reston's telling them that the £90 pcm offer made by MBNA was suitable to your financial circumstances and that is what you intend to pay. If it is not satisfactory to them, tell them you are not refusing to pay them, but are only willing to pay what you can reasonably afford and that the £90 pcm previously agreed upon is the amount you can reasonably afford to pay. Continue to say that you will put aside this £90 every month until it they agree to your repayment offer, at which point you will forward them this money. Also make sure you make a copy of the letter and send it by recorded mail etc . They may not accept it, but you will have a letter recorded as being sent that tells them you are not refusing to pay, only that you want them to agree to the repayments pcm that is financially reasonable to you. If this does go as far as court, that will be a big bonus, you will be able to honestly say that you are not refusing payment. Also to note, going to court, not so bad really, the courts look at everything then make you pay only what you can truly afford. So that would be around £90 pcm then. They'll take it all the way and only get what you offered anyway most likely. As for the other things, well, your dealings with Reston's seems more clear cut than mine is, so I would suggest get in everything to MBNA you need to CCA's if you need to, SAR's et al. I would also recommend letting Restons know about this when you do, just so you can be sure they are kept in the loop and can't press on then claim they had no idea you what action you were taking. Disclaimer. I'm quite new to all this, but I've spent a lot of today reading on these forums, and this seems to be the right course of action based on my studied reading. It is still an uneducated guess however, so perhaps get confirmation form someone else too

Sure thing, just let me know what you need me to clarify and Il get right on it

I've heard this too. But isn't it also the case that student loans will only be claimed back when you can afford to repay them, which is why they set a pay scale to dictate when they can start reclaiming money?

Okey Dokey The Solicitors are Reston's Solicitors Ltd Restons Solicitors Limited They appear to be independent. My account is a loan with HFC and is still held by them. The Outstanding amount is less than £1000, with an additional £165 on collection charges. Im not sure what you mean by 'defaulted' exactly. I've certainly missed payments recently, and HFC have called me to ask and I've explained to them my being out of work and that I wouldn't be able to meet the prior agreed £12 pcm repayments. But I haven't had any written correspondance from HFC prior to this letter from Reston's. The letter itself is a basic 'pay up or contact us, or we will issue a summons letter'. They want to talk, and HFC are wiling to accept installments, they also have a reduced settlement figure which isn't quoted in the letter. Im guessing it will work out to be a few hundred pounds off, and If I could afford to pay it, I would, but I can't. Would I be better served calling these Solicitors and trying to explain my circumstances and asking them to accept a token £1 pcm repayment until I find work, at which time I will call back and agree a better repayment?

Going through similar things myself, good luck to you, hope it turns out for the best. With regards to CCA's, it is my understanding that a CCA constitutes a dispute and that no action can be enforced upon you whilst you are in dispute. With regards to Halifax, from experience, I've found that individual departments are all seperate from each other. Going down this route can and probably will affect your dealings with them down the line, but not with regards to your mortgage, just loans and credit cards etc, they will likely never want to do business with you again on those fronts. Your mortgage is a signed agreement, they cannot exact revenge or retaliate against you by making things hard for you via your mortgage. If they did so you could string the up by the danglies.

From mine, yes, but will that stand legally, or could it be considered retaliatory action from receiving this letter form the solicitors?