Been really stupid and am scared now

[liquidauctions]

Hi All,

 

Thank you for your responses, I am not a homeowner so wouldnt be able to transfer anything into my husbands name, The post office didnt even give the opportunity to set up a repayment plan or even an option of increasing it they just said that the default notice is on its way, is that ok for them to do? all i want to do is get confirmation of the repayment plan being ok and to make payments asap to remedy the situation. I had a letter from Aqua today saying that they couldnt set up a payment plan as there have been transactions on the account recently, the last transaction was a month ago - again im confused - why do these lenders not want to take the money i offer? surely it would be better accept the payment than for me to go bankrupt and they get nothing?

 

Icecream69

 

Hi

Banks have changed the way they think now, The only reason they have been reporting profits is because they have been writing off debts to make there balance sheets look better. They can sell the debt for 20% and write off the balance as it is better reporting 1 billion profit than 3 billion loss. If they dont like to accept a payment plan because they know that it is gambling debt then the only reason I can think of is that they MAY think that it may happen again (no offence) OR the offer is too low. Its upto the banks really but im sure if they take you to court a judge might think the offer is reasonable. If you cant increase the offer then you have tried your best.

[ICECREAM69]

Hi Guys,

 

Thank you for your responses. I have sent another letter to Post Office asking them to reconsider my offer of £40pm. Meanwhile Nationwide sent me a letter telling that a debt collector has been instructed to come to my house and discuss my financial situation - i spoke to them and they have agreed a payment plan but for £60.98 for the next 4 months, they have said they will send the agreement in writing as i have sent a letter confirming the conversation and that i will not be making any payments un til i have the agreement from them in writing. I also sent a letter to Capital One asking for a long term payment plan. They have called me today 6 times!! i have told over the phone that if they keep calling me i will complain about telephone harassment, can i use the letter template on this site to do that before they have confirmed the repayment plan being set up or will that just cause them to make things more difficult for me?

 

I appreciate your help.

 

Icecream69

[liquidauctions]

The only way to stop them calling you all the time is to come to an agreement. They must have only called you 6 times because the reason they called you for wasnt dealt with i.e no answer. I think you are unfair, in making it out you are being victimised. We are all here for the similar reasons.

The reason they wont accept your offer is because debt is recent most of it is last year. Try getting CAB to help you out, a letter from them may be better.

If I was in your situation I would allow a judge to make the decision and he/she will see sense in your proposal as you have no assets. There is a high chance that any single debt over £3000 will land you in court. If you can get another job and want to see the back of the situation start applying around now as you are in a better position applying whilst employed than unemployed, an just go bankrupt. The reason I say that and have said it before is because this situation will get worse before it gets better.

[debbbbsy]

Nationwide sent me a letter telling that a debt collector has been instructed to come to my house and discuss my financial situation - i spoke to them and they have agreed a payment plan but for £60.98 for the next 4 months,

 

If anyone ever sends a letter like this again, send them this response

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

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 such 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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

in the payment plan, have they agreed to freeze the account.

 

can i use the letter template on this site to do that before they have confirmed the repayment plan being set up or will that just cause them to make things more difficult for me?

 

When they phone, simply refuse to answer the security questions.

 

Debs

[debbbbsy]

The only way to stop them calling you all the time is to come to an agreement

Wrong. Once they realise you are aware of your rights & challenge them either verbally or in writing. They WILL back off.

 

I think you are unfair, in making it out you are being victimised

It is the DCA that phones up repeatedly that is not only acting unfairly, but also breaching Debt Collection Guidelines. No consumer should be harrassed in this way.

 

Try getting CAB to help you out, a letter from them may be better.

Unfortunately very few CAB staff have knowledge of consumer law, and the procedures which DCA's have to legally abide by. I have read many threads, and in some circumstances the CAB have inadvertantly made the situation worse by allowing the Debt collector to dictate the situation, and failing to realise that these people are not always honest & open about what they are up to.

 

There is enough information on this site, to challenge any action by a DCA that fails to follow the correct procedures & protocols & to reach a resolution without the involvement of the courts.

You should only take this to court when all other attempts to reach a resolution fail.

You should in all correspondence with these people, make them fully aware that unless you reach an agreement that enables you to pay this debt off, within a period of time. That any court action will be pointless, as they will be warded less, the account will have to be frozen ( unless the agreement has a PJI clause). And as you don't own your home & have no assetts, they can go no further.

 

Debs

[ICECREAM69]

Hi Guys,

 

Just an update on what has happened since my last. Firstly thank you all for your responses, i appreciate that you take the time to respond to help. I have recieved a letter back from santander - we have 2 credit cards with them, one for me and one for my husband. I sent off the payment plan for £40 for both of us with an income and expenditure form. For myself Santander have said that they wont set up any plan until i have sent them copies of my bank statement (i bank with them!!), copies of payslips and letters from all other lenders showing balance owed. For my hubby they have responded saying that they will not accept the payment plan but have not given a reason why. Can anyone help me here - i do not want to send my bank statements for no other reason but because the last 3 months do show gambling transactions (not in the last month but 2 before that).

 

Also Capital One sent me the statements i requested (with the £10 fee) since i opened the account. For the 1st 2 years it shows that i had payment protection insurance of £8pm although i dont remember agreeing to this, also every month there is an overlimit charge of £20 too. Can i claim these back? My BIGGEST concern is that they have sent me a credit agreeement which has my signature on it but i didnt sign an agreement i actually did it all online in 2004. The signature is on a line but where my signature drops the line seems to disappear - almost as if it was stuck on. Has anyone else ever seen anything like this? it is dated but again i cross my sevens and always have so am sure this isnt me dating the agreement.

 

I have received a letter from nationwide agreeing to the payment plan for four months so thats a relief just really worried about santander and capital one.

Any help on this would be VERY much appreciated,

 

Thanks.

 

Icecream69

Edited March 1, 2011 by citizenB
Just put some paragaphs in for easier reading :)

[citizenB]

You do not have to provide bank statements, payslips or other personal financial information. A properly prepared budget sheet with a signed statement of truth should be sufficient.

 

You can download a budget sheet from National Debtline and is in a format that is accepted by courts YOu could if you wish telephone National Debtline and have them help you complete it.

 

You do not have to identify other creditors by name either, just list them as

 

Creditor 1 - credit card/loan - £ x amount owed - Payment £ X amount

Creditor 2 - Hire purchase etc, - £ x amount owed - Payment X amount

[citizenB]

And yes, you can reclaim any mis sold PPI and default charges to the account

 

You would need to have a good reason why the PPI was mis sold. Were you aware of it, was it ever discussed with you, would it have been suitable, etc, etc.

 

Do you have all your statements showing the charges applied to the account ?

[ICECREAM69]

Hi,

Thank you for your responses, Is there a letter template that i can send advising that i do not need to send my bank statements etc as the income and expenditure form should be sufficient?

In regards to Capital One they sent me all the statements in the post today after i asked for them via SAR. I wasnt aware of any ppi on the credit card and there is no mention of it on the supposedly signed agreement either.

 

Thanks

 

Icecream69

[dx100uk]

pers ....

 

i would not be negotiating at all with any of them

 

they have had your proposal

now is the time to start paying them by internet banking

p'haps only £20 PCM though not £40

just do it to all of them and dont stop.

they'll go nowhere near court if you do that.

 

get those reclaims going, esp the cap1 charges & PPI

 

they will hold out, but as soon as you file for court they'll cough up, as will any others you have unlawful charges with or PPI.

 

as for the 'agguement' about agreements......pers i'd not follow that route.

you've had the money, you've acked that you had it from all of them.

trying to go the un-en CCA route in your instance is pointless.

 

TBH: if you are happy todo £20 PCM to everyone i'd go with Payplan or CCCS as they will in 90% of cases get all the interest frozen toowhich as an individual, you may not achieve

 

dx

[MARTIN3030]

Agree with the recent comments.

I think you may well have a challenge on their unreasonable demands under the lending code.

[natalie]

I agree with what has been said too, dont worry that they have rejected your offers, pay it anyway. Decide what you can reasonably afford to pay each of them (and by that I mean that you can afford to pay without leaving yourself without money for food and utilities) and pay it. Its highly unlikely that they would take you to court, but even if they did the judge isnt going to look favourably on it that they have dragged you there when you are already paying what you can afford.

 

Also stop speaking to them on the phone, communicate with them only by letter.