A Morbid Tale of Debt

[fairbank]

Lula

 

Thanks. Don't worry I am not going to do anything stupid. I just have thoughts but I don't have the bottle.

 

I will sort this out and thanks to this site will make life sweet again

 

Hot off the press (heard on the radio) Paragon are in difficulties just heard it on the news. They may have better things to think about rather than hounding me at the moment

[slick132]

Hi Fairbank,

 

It would be sweet if Paragon had bigger fish to fry but I doubt they'll forget about you for long.

 

Lula's dead right you know - While we can offer help, advice and support, you may need extra help, whether it's talking to your GP, getting short term anti-Dep'n tabs, counselling, etc.

 

Can you talk to your wife or someone else about all this.

 

You need all the help you can get so you are strong enough to see your way through to deal with these problems.

 

Slick

[fairbank]

Slick

 

Thank you. I will be all right. I need to be methodical in how I deal with these problems and need a little time to think them through at the moment before I go into battle with creditors etc. I know that this has to happen soon.

 

My wife understands the problems perhaps not in as much depth as I do. She is aware of the signs and knows how down I feel sometimes. I am also very strong and have the ability to bounce back so I am just waiting for the right moment in the next few days to gather my strength and start taking action to deal with the problems.

 

I have been dealing with creditors for the past 10 years plus professionally and kmow some of the steps I need to take, but the site has a vast library of useful information.

 

My initial plan is to see us through to the New Year so nobody can take any action against us, write all the ccas and if I have to explain the situation to a creditor.

 

I am optimistic by nature and am confident in my ability to attract work to make a fresh start.

[jansus]

Hi

 

glad to see you have some replies

 

I was worried earlier

 

I am sure with some help you may soon be able to see a light at the end of the tunnel

 

Jan

[fairbank]

I am spending today reassuring myself and will start writing tomorrow.

 

I have spent most of the day looking through the site and comparing how peole have dealt with dcas

 

For example.

 

I had a call from Allied International this morning and so far have been drawn in by their tactics, but having read some threads, I politely asked if they minded me taping the telephone call, because I was getting confused with what they have been telling me so far. They beat a hasty retreat and said that they would have to call me back. A small victory and I will now hit them with a cca.

 

I will start to employ that tactic with others, after gathering the exact information as to who they are etc. look on the site to see how people have dealt with them. There seems to be a lot of good tactics around on the site.

 

My main priority on top of all this is to try and ensure that I can raise sufficient to pay my secured debts especially mortgage by the end of the month.

 

One final question is that Paragon have threatened a default notice but I am using a company to try and claim back ppi. Does this void their action if the account is in dispute? Can anybody help with this one please.

 

Thanks for all the kind words of encouragement by the way.

[Lula]

From what I know of banks (my expertise does not lie in Credit cards and loans) they are not allowed to default you or adversly affect your credit history whilst the account is in dispute, the reality of this however, is that they often do, so should it come to the stage of you claiming through court, part of your particulars of claim should include removal of any adverse notices on your credit file

[slick132]

Hi Fairbank,

 

Your strenth and determination will be a great help to many who read threads looking for help and inspiration when all around seems bleak.

 

I wish you well and will keep watching.

 

Slick

[MikeSplicer]

Fairbank

 

Try not too talk to these people on the phone, use the contact by post only letter in the tempates library.

 

They will say anything on the phone in order to bully you and trip you up. Also from my own POV you just hang up feeling Angry or Depressed and usually a bit of both.

 

Golden rule on here is do not speak to them on the phone, if they phone you, refuse to answer the security questions. If they insist on talking tell them you will report them for harrasment and you are recording the conversation.

 

Some people on here have even put them on "hold" by playing music back to them and leaving the phone for ages.

 

In a year when you have got back control of your life you will thank god you where strong when it mattered.

 

Whichever way you work it Don't try and enter into any meaningfull dialogue with these people.

[fairbank]

Thanks Slick

 

Strength and determination withers with time and then invigorates itself.

 

This is a hard battle that I need to fight but just like many others as well. My situation is serious, some others are less and others more serious. What I am finding is that the variety of information available can help put some of the jigsaw together.

 

I rue the days when I consolidated, when the bank gave me an extra three grand for a few quid more a month, credit card temptations etc. The one person who has to change is me but also the credit squeeze at the moment will also stop others committing my mistakes and hopefully the financial institutions will sort out their acts for once and for all.

 

I will probably become a boring post at times but the site is a good way to let off steam and you know people out there are listening

[fairbank]

Will try not to do anymore today but my plan of action tomorrow is to write to each dca /or organsiation to whom I owe money (excluding bank/mortgage) for a cca to start with which I understand will also include an up to date statement.

 

I also intend to enclose a letter asking them not to call me as well.

 

I will chase up the ppi company to see how they are getting on.

 

Anything else that I need to do. I really think I can handle most of this myself so will not contact CAB or anybody else at this stage

 

Thanks

[ODC]

Lula

 

Thanks. Don't worry I am not going to do anything stupid. I just have thoughts but I don't have the bottle.

 

I will sort this out and thanks to this site will make life sweet again

 

Hot off the press (heard on the radio) Paragon are in difficulties just heard it on the news. They may have better things to think about rather than hounding me at the moment

Fairbank I know how you feel. I must admit to having contemplated doing something daft at times when everything was getting on top of me. However thanks to the good friends I have met on here and the knowledge I have picked up I now find myself laughing at some of the idiotic things the DCAs come out with. They are mostly fools who wouldnt know an executed CCA agreement if it hit them on their empty heads. They rely solely on bullying cheating and blatant untruths to make their monthly pay packet. They are more to be pitied than laughed at. Get yourself together and get organised to take them on. If you have to pay them make it on your terms after they have proved the debt is lawful and they are legally entitled to collect it.

 

Never worry if you feel down and frustrated by their incompetance becase there will always be someone here to chat with. As you have probably discovered everyone on here has had their run ins with the idiots in the DCAs. They stories they are spinning you now have probably been repeated on here ad nauseum. You life and your family is much more important than some DCA Threat Merchant getting a gold star. Think of them first and you will discover that the DCAs are way down your worry list.

[fairbank]

Long discussion with my wife this morning who is as worried as I am about things. With Christmas looming and nothing in the pot it is a very worrying time.

 

I was more upbeat yesterday, but the reality has set in once again.

 

I will try and start the letters today but to be honest don't feel in the mood at all to start adressing the situation after this morning.

 

Some knid comments received thanks but differing messages have been sent out to me varying from the cca route to just going it alone and working things out with creditors. I am really getting confused about what the best course of action is to be honest.

[MikeSplicer]

Why not contact one of the debt charities CCCS / National debtline getting them moving will at least show your creditors your attempting to work things out. When you feel more up to it you can then start the CCA letters

[ODC]

Either using the various charities or the CCA route will give you some breathing space to see exactly where you stand. No one can really say which is best for your circumstances. The bootom line though is YOU AND YOUR FAMILY ARE MORE IMPORTANT THAN ANY DCA

[fairbank]

Thanks I shall

 

Just had a call from a Mr Francis from Allied International. Told him I did not want to speak to him and asked for everything in writing. He said a letter would follow and that somebody would be coming round to my house to do a valuation to recover the debt. Can he threaten me with this action?

[fairbank]

For the record it was a Mr Christie (wrong name)

[Curlyben]

He can threaten anything he wants, but it is complete Bovine Excrement.

 

DCA's have NO power in this respect and IF they do arrive, simply tell them to leave. They have NO rights to do this at all.

 

This is why it is very important to keep everything in writing and never talk to these "people" on the phone.

 

Throw this at them:

 

Account In Dispute

 

Dear Sir/Madam

 

 

Thank you for your letter of xx/xx/2007, informing me that I have not responded to your previous correspondence.

 

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I trust this clarifies your position and mine.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[robcag]

Hi fairbank

 

Long discussion with my wife this morning who is as worried as I am about things. With Christmas looming and nothing in the pot it is a very worrying time.

If I was you I'd try not to worry about the material things which christmas seems to force people into focussing on, just make sure you have your basic needs covered. Believe me, I'm speaking from experience as I have large debts also, with very little income, and I realised last year (and even the year before) that it was pointless trying to splash out with money I hadn't got.

 

I was more upbeat yesterday, but the reality has set in once again.

 

I will try and start the letters today but to be honest don't feel in the mood at all to start adressing the situation after this morning.

Rewind to the post you made yesterday when you said you were going to start writing the letters (CCA requests etc.) to the DCAs/creditors, and DO IT!

Since I found this site a while back and started following the advice given on here, I feel the world has been taken off my shoulders (well maybe half of it ). In the last month or so I have CCA'd several of the nasty DCAs who were hounding me and who had got to the stage of threatening legal action, and now they have (for the time-being at least) gone quiet.

 

Some knid comments received thanks but differing messages have been sent out to me varying from the cca route to just going it alone and working things out with creditors. I am really getting confused about what the best course of action is to be honest.

 

At least give the CCA route a try. After all, isn't a £1 postal order and the cost of Recorded/Special Delivery a small price to pay to probably at least buy yourself some time?

 

The letter writing needn't take much time if you use the template letter, edit it to suit your needs, save it, then just reprint it with all the different addresses/account details.

 

Sorry if I appear to be a bit harsh or lecturing you, but if my experience is anything to go by, once you take the bull by the horns and get those letters off, you'll feel a whole lot better!

 

Good luck

 

Rob

[robcag]

Hi again fairbank

 

The letter writing needn't take much time if you use the template letter, edit it to suit your needs, save it, then just reprint it with all the different addresses/account details.

I forgot to mention, if you're sending off several letters by Rec/Sp Del at the same time, make a note of which receipt slip corresponds to which letter

 

Rob

[fairbank]

thanks

[kingdom]

Hi fairbank

 

Fear really stands for False Evidence Appearing Real most of the things they say they are going to do, are only to get you respond to their unlawful demands. Harassment comes to mind.

 

Steps to take

• Keep focused
  
• Read as many posts as you can, it will start to become much clearer what your rights are.
  
• Start dealing with the most important issues first.
  
• Do not procrastinate; it can be quite rewarding to know that you can actually fight these people, with the law behind you and the wonderful people on this forum.
  
• Do not over indulge in drinking it will only make you feel depressed and weaken your resolve.
  
• Get your plan of action written down and read it every minute of the day.
  
• Recognise that your lovely family are looking to you to sort things out, but also love you very deeply and I’m sure will be strengthened, when they see you being positive about the future.
  
• Do not ever let anyone over your door step, do not talk to anyone over the telephone, have everything put in writing, keep correct files on each issue.
  
• Make sure they have a Consumer Credit Agreement and a Deed of Assignment first of all.
  
• Do not feel a failure, unforeseen occurrences happen to us all, it's how we deal with them is what is important.
  
• Keep taking in the knowledge and it will set you free.

Kind Regards

 

Kingdom

[jansus]

Originally Posted by fairbank

Long discussion with my wife this morning who is as worried as I am about things. With Christmas looming and nothing in the pot it is a very worrying time.

If I was you I'd try not to worry about the material things which christmas seems to force people into focussing on, just make sure you have your basic needs covered. Believe me, I'm speaking from experience as I have large debts also, with very little income, and I realised last year (and even the year before) that it was pointless trying to splash out with money I hadn't got.

 

I agree with the above - the dreaded C word - why does it make everything seem so much worse? Whether its separation money problems etc. I think its all got out of hand . Its only two days - and people who care about you most will understand if you cant buy presents or stuff yourself silly with food. They will want you back as a person in control and not making yourself ill with worry.

The presents my kids remember most from when they were little was a bike my husband got free and done up himself and a second hand snooker table that cost £5.00 - and to be honest they used to get more enjoyment from the empty boxes than the presents sometimes .

Best wishes to your and your family

Glad to see you are getting really good advice

jan

[Sev]

Fairbank, I would back what everyone else has said, but also you could give a company called payplan a call. They put alot of things in perspective for me, and they have been able to help a friend of mine out of his predicament.

 

Free Debt Management company | Payplan

 

0800 917 7823 open 8am - 9pm

[fairbank]

Thanks to all the recent posts. Outstanding advice

 

I think there is going to be a double edged sword here, sharing the pleasure of future outcomes and finally getting to grips with the situation.

 

I am under no disallusion that it will be easy but I have a friend in the forum to fall back on. I hope that in time I will be able to offer advice through my own experience and help others who find themselves in a similiar position

 

It's comforting to know that there are some really kind and honest people out there which has helped with my resolve since my very first post

[Lula]

Hi Fairbank, all this advice must be making your head spin lol

 

but to focus, your two main priorities are to

 

1. Get all the CCA letters off ASAP, recorded delivery and unsigned or not your usual signature. That may well render some (if not all!) debts unenforcable.

 

2. Get the harrassment letter, as per Curley Bens post above, off , recorded delivery also, all these can be done via cut and paste,

 

do you know where the CCA letter is? is here, you need letter N, just cut and paste and do for each credit, all this should take a few hours, and that will be a weight off your shoulder

 

Please do it today.

 

Mr Lula doesnt call me stroppy draws and bossy boots for nothing you know