Newbie Is Sinking

[Mr Worried]

Can You Help Me Please

 

Hi I am new here and I was on this forum for 5 hrs yesterday reading all of the problems, and I am amazed at the help that is on offer here, I was impressed in the way that (bobneedhelp) was nurtured through his dilema very well done to you all for helping him.

 

So here we go well some of it any way, I wont bleat on about how it happened as you dont need to know that, however I believe that I have a fair few problems, and yes I have had Jacobs, bailiffs, henchmen, rossendales, etc all at my door, not to mention the dca's (to which I either paid in full or agreed a payment plan, but wish I had'nt after finding this forum) my pressing problems and questions are as follows..

 

Firstly do I need a debt company to help me, I have used one before and became mate's with the owner and I think he just fobbed my creditors off, and that is how i got two charges on the house as I believe he did'nt act accordingly, dont know if he had licence to act on my or others behalf.

 

I have listned to talk sport (jon gaunt) and he recomends Debt wizard Mike Thomas, I called them and then a company called Bright oak called me and said they work with debt wizard, but the original person I spoke to (Jason) has now left the company and his collegue Kelly jago has not returned my calls or mails??

 

I am £1100.00 behind in a secured loan (future Mortages) and although they have been polite with there calls , they are expecting full payment of the arrears this Thursday, obviously I cant meet their demand..Any Advice?

 

I have been sent paperwork from Poole c/c for an unpaid buisiness loan/overdraft Value £4729.55 total cost etc £5636.04, Lloyds TSB , I was paying them £70.00 pm but did not make payments for several months because I could'nt afford to,how do I respond to this etc etc.

 

I have two charges on my property one by the sherriffs officer, and one from a trade supplier, can I get these looked at and do anything about them?

 

I missed a court day last week for council tax from 2 yr ago and just reading the letter is was with the intention to enforce, what will happen now and what should I do in this instance?

 

Lloyds TSB visa they sent me a default notice, then proceeded to take the money from my acc also with LIoyds , then put me into an unplanned over draft which is encuring daily charges What do I do,

 

I have various credit cards etc (so has my partner which she used to help me) which we cant afford to pay, is there anything that we can do to have them 'looked at'.

 

Ther are other matters going on in my life and I will post this when I have sorted a few things out.

 

My observations within the forums are as follows..

1.Why use the CCA method would'nt creditors see this as obstruction and delay tactics?

 

2..If you dont sign a letter is that legal correspondence?

 

3..Who do I get the postal orders made out to. re CCA or can they be left blank, and is everything done by recorded delivery?

 

4..When is it best to use CCR and S.A.R - (Subject Access Request) I cant get my head around this?

 

5..Over the last few years I have amassed copius amounts of charges from bank and CC companies can I get these back and how do I request this?

 

6..Monument visa called me and did not do security checks and proceeded to divulge info to me not knowing if i 'was me' when I challenged their decission to tell 'a stranger' my affairs they started to backtrack then take me through security I declined and they hung up ..what can I do?

 

7..What is classed as an unenforceable debt?

 

8..I have a trade supplier chasing me for 6k from about 4 yr ago they had a few £50.00 payments which was agreed, now they want to know what my plans are to pay the debt?

 

9..Am i allowed to record calls which I recieve, as some companies say they will not continue the conversation if I record..is this not agravating the situation?

 

10..My partner recieves calls and pressure at work from her CC companies 're helping me' some of them she has a payment plan, can we request a CCA or will this 'rock the boat?

 

Over all I am in a mess and my relationship is suffering and my partner is on medication for depression and I feel guilty as this is all my doing, but I want to remain possitive and move forward in finding a solution that works and where I wont be let down, and the info I am given is in my best interest , that I believe will come from this site.

 

Please help me, I may not sound distressed but believe me I am hidding my suffering from my family and it is killing me to do so, being self employed is not helping as there is hardly any work about and I am struggling to pay my monthlies not to mention the debt.

 

In a nutshell what the hell do I do and how do I do it?

 

THANK YOU IN ADVANCE.

Edited November 11, 2008 by 42man
posted here as OP was having a spot of bother !!!

[stephie12345]

i'll do my best, what's up?!?

[berrylover]

We can if you ask. Care to elaborate?

[woody1066]

Lurks suspiciously

[Bookworm]

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/167751-hi-all.html

 

First appearance there.

 

Mr W, please don't be afraid. We won't judge, we won't point the finger. If as I guess, your problem is that you're being hounded by DCAs, then tell us, we can help with the harassment.

 

This place is all about empowering you and there are plenty of people who came in in the worst possible state, despairing, suicidal, not knowing where to turn... Some of those same people are now helping others, campaigning, turning their lives around, so it can be done and gets done all the time.

 

See here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167346-i-blame-cag.html

for what people have to say in their own words about their situation.

 

Once you're ready, we'll be there to help.

[enamae]

I've found your post on another thread and copied it here so that you can get help you require.;

 

 

 

Hi I am new here and I was on this forum for 5 hrs yesterday reading all of the problems, and I am amazed at the help that is on offer here, I was impressed in the way that (bobneedhelp) was nurtured through his dilema very well done to you all for helping him.

 

So here we go well some of it any way, I wont bleat on about how it happened as you dont need to know that, however I believe that I have a fair few problems, and yes I have had Jacobs, bailiffs, henchmen, rossendales, etc all at my door, not to mention the dca's (to which I either paid in full or agreed a payment plan, but wish I had'nt after finding this forum) my pressing problems and questions are as follows..

 

Firstly do I need a debt company to help me, I have used one before and became mate's with the owner and I think he just fobbed my creditors off, and that is how i got two charges on the house as I believe he did'nt act accordingly, dont know if he had licence to act on my or others behalf.

 

I have listned to talk sport (jon gaunt) and he recomends Debt wizard Mike Thomas, I called them and then a company called Bright oak called me and said they work with debt wizard, but the original person I spoke to (Jason) has now left the company and his collegue Kelly jago has not returned my calls or mails??

 

I am £1100.00 behind in a secured loan (future Mortages) and although they have been polite with there calls , they are expecting full payment of the arrears this Thursday, obviously I cant meet their demand..Any Advice?

 

I have been sent paperwork from Poole c/c for an unpaid buisiness loan/overdraft Value £4729.55 total cost etc £5636.04, Lloyds TSB , I was paying them £70.00 pm but did not make payments for several months because I could'nt afford to,how do I respond to this etc etc.

 

I have two charges on my property one by the sherriffs officer, and one from a trade supplier, can I get these looked at and do anything about them?

 

I missed a court day last week for council tax from 2 yr ago and just reading the letter is was with the intention to enforce, what will happen now and what should I do in this instance?

 

Lloyds TSB visa they sent me a default notice, then proceeded to take the money from my acc also with LIoyds , then put me into an unplanned over draft which is encuring daily charges What do I do,

 

I have various credit cards etc (so has my partner which she used to help me) which we cant afford to pay, is there anything that we can do to have them 'looked at'.

 

Ther are other matters going on in my life and I will post this when I have sorted a few things out.

 

My observations within the forums are as follows..

1.Why use the CCA method would'nt creditors see this as obstruction and delay tactics?

 

2..If you dont sign a letter is that legal correspondence?

 

3..Who do I get the postal orders made out to. re CCA or can they be left blank, and is everything done by recorded delivery?

 

4..When is it best to use CCR and S.A.R - (Subject Access Request) I cant get my head around this?

 

5..Over the last few years I have amassed copius amounts of charges from bank and CC companies can I get these back and how do I request this?

 

6..Monument visa called me and did not do security checks and proceeded to divulge info to me not knowing if i 'was me' when I challenged their decission to tell 'a stranger' my affairs they started to backtrack then take me through security I declined and they hung up ..what can I do?

 

7..What is classed as an unenforceable debt?

 

8..I have a trade supplier chasing me for 6k from about 4 yr ago they had a few £50.00 payments which was agreed, now they want to know what my plans are to pay the debt?

 

9..Am i allowed to record calls which I recieve, as some companies say they will not continue the conversation if I record..is this not agravating the situation?

 

10..My partner recieves calls and pressure at work from her CC companies 're helping me' some of them she has a payment plan, can we request a CCA or will this 'rock the boat?

 

Over all I am in a mess and my relationship is suffering and my partner is on medication for depression and I feel guilty as this is all my doing, but I want to remain possitive and move forward in finding a solution that works and where I wont be let down, and the info I am given is in my best interest , that I believe will come from this site.

 

Please help me, I may not sound distressed but believe me I am hidding my suffering from my family and it is killing me to do so, being self employed is not helping as there is hardly any work about and I am struggling to pay my monthlies not to mention the debt.

 

In a nutshell what the hell do I do and how do I do it?

[stephie12345]

Bookworms right Mr. Worried, i'm one of the people they helped! There are alot of us out there who think that no one elses situation is as bad as theirs, but trust me, it takes alot of the strain off you if you tell someone.

Please talk to us.....there are so many people that want to help!

[stephie12345]

enamae, someone better qualified than me will be along to help soon, hang in there!

[Mr Worried]

Wow so much concern, thankyou to Stephie,Bookworm,Woody Berry and 42Man, I had to start a thread then try to upload from other area whilst i tried to do this enamae done it first so please read my original post that enamae has transfered.

 

Thank you all so much, i'm not much help today as i am hiding at home affraid to go out, I just hope the advice comes along soon.

 

Cheers:-(

[louise1111]

Soon you will be called 'Mr Notsoworried!

 

When you start getting the brilliant advice from CAG, you will realise you do have rights and problems can be sorted!

[stephie12345]

from reading the above, i think the first thing that you need to do is stop the bank charges that are being applied to your account. Open another basic bank account (natwest and co-op both offer very basic, no credit chack accounts) and have all your incoming money transfered there. Once you put the other account into dispute in writing, the charges should be halted....i'll go through your post some more in a bit, but take heart, your story looks alot like mine did, i was in a right mess, things are so much better now, just like yours will be soon, there really is a lot you can do about it!!

[PGH7447]

Can You Help Me Please

 

Hi I am new here and I was on this forum for 5 hrs yesterday reading all of the problems, and I am amazed at the help that is on offer here, I was impressed in the way that (bobneedhelp) was nurtured through his dilema very well done to you all for helping him.

 

So here we go well some of it any way, I wont bleat on about how it happened as you dont need to know that, however I believe that I have a fair few problems, and yes I have had Jacobs, bailiffs, henchmen, rossendales, etc all at my door, not to mention the dca's (to which I either paid in full or agreed a payment plan, but wish I had'nt after finding this forum) my pressing problems and questions are as follows..

 

Firstly do I need a debt company to help me, No you are now a CAG Member and will get all the guidance and help for free I have used one before and became mate's with the owner and I think he just fobbed my creditors off, and that is how i got two charges on the house as I believe he did'nt act accordingly, dont know if he had licence to act on my or others behalf.

 

I have listned to talk sport (jon gaunt) and he recomends Debt wizard Mike Thomas, I called them and then a company called Bright oak called me and said they work with debt wizard, but the original person I spoke to (Jason) has now left the company and his collegue Kelly jago has not returned my calls or mails??

 

I am £1100.00 behind in a secured loan (future Mortages) and although they have been polite with there calls , they are expecting full payment of the arrears this Thursday, obviously I cant meet their demand..Any Advice? Have you requested the Consumer Credit Agreement for this yet?

I have been sent paperwork from Poole c/c for an unpaid buisiness loan/overdraft Value £4729.55 total cost etc £5636.04, Lloyds TSB , I was paying them £70.00 pm but did not make payments for several months because I could'nt afford to,how do I respond to this etc etc. if this is a crdit card then CCA them in the first instance

 

I have two charges on my property one by the sherriffs officer, and one from a trade supplier, can I get these looked at and do anything about them? Not my area but someone will be able to advise

 

I missed a court day last week for council tax from 2 yr ago and just reading the letter is was with the intention to enforce, what will happen now and what should I do in this instance? speak to the CAB in the first instance

 

Lloyds TSB visa they sent me a default notice, then proceeded to take the money from my acc also with LIoyds , then put me into an unplanned over draft which is encuring daily charges What do I do, close this account after first opening a parachute account

 

I have various credit cards etc (so has my partner which she used to help me) which we cant afford to pay, is there anything that we can do to have them 'looked at'. request the consumer agreement by way of a cca request

 

Ther are other matters going on in my life and I will post this when I have sorted a few things out.

 

My observations within the forums are as follows..

1.Why use the CCA method would'nt creditors see this as obstruction and delay tactics? it is your right to request this at any time, it does not represent an obstruction

 

2..If you dont sign a letter is that legal correspondence? Yes, you are just preventing fraud from occuring

 

3..Who do I get the postal orders made out to. re CCA or can they be left blank, and is everything done by recorded delivery? make them out to whomever you are requesting the cca from and always send recorded, cca requsts have been known to get "lost" in the post

 

4..When is it best to use CCR and S.A.R - (Subject Access Request) I cant get my head around this? - golden rule / CCA the DCA or when you require sight of the credit agreement - SAR when you want sight of all statements and correspondence, is sending a sar to the OC you can request the agreement at the same time

 

5..Over the last few years I have amassed copius amounts of charges from bank and CC companies can I get these back and how do I request this? send them all a sar and work out the chages on the spreadsheet found on this site

 

6..Monument visa called me and did not do security checks and proceeded to divulge info to me not knowing if i 'was me' when I challenged their decission to tell 'a stranger' my affairs they started to backtrack then take me through security I declined and they hung up ..what can I do? report them to TS and OFT and request their official complaints procedure

 

7..What is classed as an unenforceable debt? too numerous to mention here

 

8..I have a trade supplier chasing me for 6k from about 4 yr ago they had a few £50.00 payments which was agreed, now they want to know what my plans are to pay the debt?

 

9..Am i allowed to record calls which I recieve, as some companies say they will not continue the conversation if I record..is this not agravating the situation? Yes

 

10..My partner recieves calls and pressure at work from her CC companies 're helping me' some of them she has a payment plan, can we request a CCA or will this 'rock the boat? yes she can she can also send them the phone harassment letter to get all calls stopped, everything in writing from now on

 

Over all I am in a mess and my relationship is suffering and my partner is on medication for depression and I feel guilty as this is all my doing, but I want to remain possitive and move forward in finding a solution that works and where I wont be let down, and the info I am given is in my best interest , that I believe will come from this site.

 

Please help me, I may not sound distressed but believe me I am hidding my suffering from my family and it is killing me to do so, being self employed is not helping as there is hardly any work about and I am struggling to pay my monthlies not to mention the debt.

 

In a nutshell what the hell do I do and how do I do it?

 

THANK YOU IN ADVANCE.

 

Please read the faqs sections and find out what help you can give yourself. there is also the templates section that lists all the documents you will need

 

from now on never speak to these people everything in writing.

 

good luck

[Mr Worried]

PGH Thanks very much for your input..cheers.

[berrylover]

OK, anyone who is not an overdraft, mobile phone debt or utilities debt send a Consumer credit agreement request and in that put the harrassment letter, kills two birds with one stone. Remember not to sign the letters (for fraud reasons) and to send a £1 postal order with each one. I have put a letter below that you can use.

 

Secondly, if anyone calls refuse to deal with it over the phone and then send them the harrassment letter (second half of the letter below).

 

Do not panic. You need more specific help with the council tax issues and the charging orders but its not insummountable.

 

First things first though. Copy and paste the letter below and send recorded delivery to each creditor who is not dealing with overdraft/mobile phone/utilities debt.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

Re:

 

Dear Sir,

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the credit agreement should be received within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that contact by telephone constitutes harassment of me and puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, 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 English 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.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to hearing from you.

Yours faithfully,

 

 

Let us know what you get back.

[spamheed]

On the matter of your charging orders, we're going to need to get a little more information

 

what exactly were they for, rates? business loan? credit card etc?

 

also for how much? opening balance of defaulted debt, balance at date of CCJ/CO? did you make any payments between the two dates?

 

what process was followed? were they to enforce CCJ's?

what are the dates etc ie:

when was the debt defaulted,

when did they obtain judgement,

when did they obtain the CO's? where any stipulations made at the time the orders were made?

 

Without appearing to patronise or criticise in any way, you need to compartmentalise each debt/creditor - buy one of those folders with multiple pockets, place each letter/notice etc in chronological order within the file, this will hopefully give you a clearer picture of your situation. I found that writing bullet points for each debt also made my affairs seem a little more ordered.

 

Although this will not reduce your debt, it will help you get your head around the state of play with each creditor/debt and also be able to help us to help you if you have the information readily at hand.

 

Although there are no magic buttons and certainly no guarantees of a positive outcome, you should certainly gain a better idea of your rights and hopefully make you better equipped to defend yourself when these "people" come-a-calling

 

Regards SH

[ScabHunter]

Hi, Mr. W. and welcome to the CAG.

 

You have come to exactly the right place, and you have been given some outstanding advice already. There is more to come.

 

One of the greatest problems with a situation like this is that you feel totally overwhelmed, and that in itself prevents you from using your time and resources to best effect.

 

So, do something which allows you to step back and think for a bit. This is going to be a new start for you.

 

As stephie12345 has so correctly stated, the first step is to get yourself a fresh bank account, with a bank unconnected to any group that you have had past problems with. I would normally say get your wages or benefits paid into there, but I see you are self employed. Obviously without knowing the type of business you run, I cannot know how you receive money.

 

Getting this one bank account and running it properly will be the first step in the long, hard road to recovery.

 

Whatever you do, never use the debit card from this account to pay creditors, and definitely never set up any Direct Debits. These are a security risk you cannot afford.

 

Spamheed is then right on the money with the advice concerning paperwork. Get a file to compartmentalise everything, because you must get a mountain of paperwork through your letterbox every morning.

 

Personally I keep a black bin bag at the bottom of the stairs, which allows me to quickly file junk mail in the proper place. You can put the envelopes from genuine letters in there as well. The only paper that comes up the stairs is that which needs dealing with and filing.

 

The next step is to secure your communications. The problem is with being self employed I suppose you have to have your telephone open to the public. Most of the solutions won't work for you. No doubt you get hounded mercilessly by debt collectors, and this affects your work performance.

 

If you are in a situation where you don't need to open your telephone line to the public, you can look at the system I use here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan-2.html#post1770207

 

If the telephone line does need to be open to the public, then I would strongly suggest that you look at the trueCall. At last, the hardware has arrived which puts people back in charge of their own telephone. You can find out about it here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167050-recording-telephone-calls.html

 

If you need to use the telephone in your business, write this off against tax. It is a vital piece of equipment for any business person who relies on the telephone.

 

Never entertain debt collectors on the telephone no matter what the circumstances.

 

After taking these steps, it is all about prioritising, and making sure the most important bills are paid first. Also, set aside a little time each day to do some paperwork. You will need to get CCA requests off to anything that needs an agreement, and an SAR to any account where the unlawful charges may be.

 

Take it one day at a time, and see where it leads.

 

SH