Various Debts

[L1882]

Evening all,

 

I'm looking for general advise on my debt situation

 

This may be a long and winding post so please bear with me.

 

I won't bore you all with the details of why my finances got into a mess but suffice to say that losing my job at the end of 2009 led to me defaulting on a number of credit agreements.

Despite writing to all the companies in question, asking them to stop adding charges and also to accept a minimal payment I was singly ignored by one and all.

 

I ended up with 2 CCJ's, one for a large loan which I pay at £50.00 per month and 1 for a credit card which I pay at £1.00 per month.

 

In addition I had a number of other credit cards and loans - I guess like many I was borrowing from Peter to pay Paul until the bottom fell out of my world.

 

For the last few years I've been treating demands for payment with the same respect they treated my offers - I've simply ignored them.

 

I am now working and though far from flush I probably could make payments to my creditors with a view to clearing my debt over the next few years.

If I ignore those items that are already subject to CCJ's I think my total debt is around £7000.00

- the stat demand relates to a debt of 1600.00.

 

I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit.

 

I don't want to be made bankrupt and more generally would you advise that I contact all my creditors with an offer,

even though each will probably only be offered around £20 to £30 a month

- and if I should are there some standard letter templates that can be used to make these offers?

 

Sorry for such a long post - looking forward to hearing your opinions and advice

[dx100uk]

can you please list your debts [original creditor/bal/who owns it now]

 

and confirm their defaulted dates from you credit file please.

 

dx

[L1882]

According to the credit file I have:

 

Credit Card with Lowell for £937 - this was originally Sky/Barclaycard with a limit of £500.00

- says default is 22/07/2010 but I'm fairly sure that was the date they bought the debt

 

Loan From Lowel for 1813 - I think this was Bank OF Scotland originally - this shows a default as May 2013 which is absolutely not true and is when they bought the debt

 

Loan From Lowell for 1593 - default shows as 18/01/2010 - think this must have been Bank of Scotland as well

 

Current account from Lowel - originally Lloyds TSB, default date of 10/03/2010

 

I'm not certain any of thsoe default dates are actually the last dates payments were made

- I'm fairly certain that the very latest payment will have been may 2009 (i was a year out in the original post, was end of 2008 I lost my job)

[L1882]

I've managed to find copies of my first offer letters, sent 08/09/2009, so the absolute last payment date on any of those accounts is 08/09/2009

[L1882]

Cheers DX - is it worth send an SAR to all my creditors, a sort of pre emptive strike?

[renegadeimp]

No. No point sending a sar to the DCA's. They wont have any info on you. You should CCA them though.

[dx100uk]

just to clarify

 

there is no relationship between the defaulted dates on a CRA file and your last payments.

 

if you are lucky

 

noddle listed below in my links

might list the last payment in the blue pull down arrows of each debt listed.

 

as lowells have so many of your debts & that running SD on another thread you have

 

you need to be careful here.

 

gather as much info as you can like the statements for each via an sar

find out things like YOUR last financial Use of each debt

and identify what each debt originally was and with whom [type of debt]

 

if you can identify PENALY charges & PPI

and those equate to a substantial part of each debt, then you need to consider reclaiming

 

the more each debt is made of stuff to reclaim the better and the less chance of court action.

 

you might alsp p'haps consider sending the debt owner now [lowells etc]

 

a caa request

 

though like reclaiming, this cannot be done on bank accounts

 

id so you might find this thread useful.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404202-Sigma-red-Barclays&p=4352726#post4352726

[renegadeimp]

Just thinking out loud here... No CCA normally means no enforcement of the debt in court right? So if Lowell dont produce a satisfactory CCA, does that mean they cant go through with bankruptcy? I know they can get a CCJ out of spite but cant enforce it, but im unsure about how it works with BR.

[dx100uk]

cca must exist for any court action.

 

dx

[dx100uk]

Cheers DX - is it worth send an SAR to all my creditors, a sort of pre emptive strike?

 

yes but to the original creditor

 

ONE SAR is all that is needed per group [ for say all Barclay debts]

 

dx

[L1882]

Right so basically I should send a SAR to all the original creditors and snd a CCA to all the current debt owners?

 

Right I'm searching for the templates now. I'm watching the other thread re the Stat Demand - I do know a friendly solicitor so I'm going to see if he can help on that one as well

[dx100uk]

cca request

 

sar ....click it!!

[Dotty50]

Send it recorded delivery in order to confirm receipt of delivery from the Royal Mail website (if they've done their job properly) and it's less than a couple of quid!

 

Just sending normal 1st class means that they can always deny receiving it!

[dx100uk]

free proof of posting is all that is need at the po counter,

 

dx

[Sidewinder]

Thing is that with many DCAs you do not get a proof of receipt - even with Recorded Delivery - the tracking status simply shows that the item is out for delivery even long after it has arrived, and you have wasted money unnecessarily.

 

Proof of postage is more than sufficient to evidence service if it came down to an argument.

[Dotty50]

I understand what you are saying, I've had the odd couple of letters that have been 'out for delivery', but on the whole I have got the signed receipt of delivery.

 

What I do find strange is that CAG, in the past always advised to send CCA requests by RD in order to get a copy of the signed confirmation from the RM site.

 

60p or £1.70.

 

I know what I would be using, as I consider the CCA request to be one of the, possibly most important letters when starting out with trying sort your debts.

 

Of course the final decision remains with the OP.

[BRIGADIER2JCS]

What of the Statutory demand who issued this and what have you done about it?

[L1882]

Thanks for all the advice guys. I'm tempted to send the letters Special Delivery - costly but quicker and definitely signed for.

 

DX I've made templates of thsoe letters and sent the most pressing ones today with proof of posting from the PO - I'll do the others over the weekend.

 

Brigadier

the statutory demand has not been served, yet.

 

They have hand delivered a letter indicating they attended my property twice yesterday and were unable to see me (I was out!)

but that they will return on the 3rd of October at 10:00AM at which time, if I am out, they will post it through the door with this being considered as served.

 

DX has helped me move the stat demand element to the legal forums.

 

Lowel are now the debt owners and a company called BW Legal now appear to be issuing the Stat Demand with delivery by another company called P&A Receivables Services

[BRIGADIER2JCS]

Emm P&A are very persistent in their approach as are Lowell when it comes to SDs, BW Legal like to 'farm out' the 'dirty work' on such cases.

 

So as soon as the SD is served you will need to get it set aside asap.