** DISCONTINUED ** Please help, question regarding N180 form

[Amethyst]

Re: Please help, question regarding N180 form

I think Di is just tryng to say that if the defence fails on the credit agreement issues the case is weaker because you have received the NoA, but we know that already - to be clear to be able to enforce the agreement they need to provide one that does actually comply with the Consumer Credit Act. If they pop up with one at the hearing or before you can ask to adjourn to assess the documents, and can make an offer/negotiation of settlement under either a consent order, or by going through the court for a CCJ and installment plan, if the defence falls away.

On the NOA bits - the documents are recreated, not forged, and the assignee is allowed to send a notice of assignment on behalf of the original creditor.

Do not lose confidence, you're doing great xxx

[Amethyst]

Re: Please help, question regarding N180 form

Oh and can't help but feel going bankrupt for a £3k credit card debt would be insane IMO. Is there a lot of other stuff debt wise you're dealing with ?

[Ohfreeme]

Re: Please help, question regarding N180 form

Yes it all came about when the CSA held on to my children's maintainance payments for 4 months and all by now pay later accounts where due and I had nothing to pay them. Also the bedroom tax came into effect and I had no money to even cover the rent and support the children.

At the time I was honest with the creditors and explained the situation but they where not sympathetic and the interest piled on.

Then when where made made homeless I was adviced to stop paying and save what I could to get a deposit together.

I honestly haven't been peeing away on catalouge it's just the extortionate aprs. The lowest APR I had at the time was something like 38%.

Lots have happened to me and my family and I have been forever changed by it all.

- - - Updated - - -

He stopped paying the money aswell in case you ask why I didn't pay off my debts when they did send the money. Which was sent in drips and drabs not as a whole amount and he only started paying again in 2016. He still owes about £1600. But the changed to the new service and they won't do a thing.

[Diana M]

Re: Please help, question regarding N180 form

Perhaps [MENTION=48934]Debt Camel[/MENTION] would be able to make some suggestions about your overall financial situation.

You've battled through so much so maybe a fresh start is not such a bad idea?

Were you offered Mediation to settle this claim since it's under £10k?

Di

[Amethyst]

Re: Please help, question regarding N180 form

Oh don't worry, I know how quickly things can snowball when you're on the breadline - you've done completely the right thing though, being upfront with the creditors and keeping up with the priorities first ( rent & kids !) - really there's very little the DCA's can do to you, and if you did go on to lose this ( looks unlikely at the moment though ) the court would only ever order an affordable amount of payments.

I had a catalogue at something like 49.9%, my only income was benefits and they bumped the credit limit up to £3k before you could blink and I just couldn't keep up anymore. That's now with 1st Credit so I'm holding them off and saving up to do a full & final settlement. CSA were a pain in the bum too. I had a letter this week from them about changing to the Child Maintenance Scheme - which is nice, considering the CSA did sod all, and my ex has ( after a 3 year gap ) been paying privately anyway.

Really life just happens sometimes and you just have to put what's important first, so don't feel bad at all.

I've pm'd you btw xxx

[Diana M]

Re: Please help, question regarding N180 form

I think Di is just tryng to say that if the defence fails on the credit agreement issues the case is weaker because you have received the NoA, but we know that already

I was saying that admitting it in a WS may not be ideal since the Defendant can be cross-examined on the contents their WS.

There is no obligation to admit it.

You may know that they have received the NOA but that doesn't mean the OP has to put it in their WS so that the court then know it too.

Di

[Ohfreeme]

Re: Please help, question regarding N180 form

Perhaps @Debt Camel would be able to make some suggestions about your overall financial situation.

You've battled through so much so maybe a fresh start is not such a bad idea?

Were you offered Mediation to settle this claim since it's under £10k?

Di

Yes Please I'll take any help offered!

Mediation was offered but I didn't have documents so it couldn't go ahead...

I defiantly need a fresh start with these debts. I'm just so lucky that our new landlord is so lovely. The last one was evil making us homeless before Christmas because I complained about repairs and the damp!

He issued a section 21 Notice in October 2015 which is when it all kicked off with Lowell.

I lost my entire deposit with that snake!

He's made me so scared of reporting repairs to my new landlord but thankfully he is very kind and helpful and I'm finally starting to feel settled here.

Because of my constant illness everything has piled up on me including masses of paperwork. I still haven't moved in properly as I was in hospital when it was moving day so friends helped and just chucked everything in boxes together even the rubbish lol.

To top that off I have a kid that poops himself every time he's fixated on something and another that has taken to peeing on the bedroom carpet.

So I'm either cleaning, looking after kids, on school runs or at some SEN/EHC meeting. I've recently started college as I'm determined to return to work on some sort of level of pay that I won't have to be on benefits at all. I find it really demeaning the way I'm treated now.

I need someone to take on some of the burden before I burn out (again).

The school sent round someone for a chat... Yep that was really helpful, not. Lol

Sorry for ranting...

[Amethyst]

Re: Please help, question regarding N180 form

Do you want to do a list of what is owed and to where - might help get together an overall plan to sort things out or at least give Debt Camel an idea of what you are dealing with - you're on top of rent / council tax / utilities okay ? so just catalogues and stuff ?

Hopefully we'll be able to take this one off the list soon anyway xx

[Ohfreeme]

Re: Please help, question regarding N180 form

Yes catalogues and payday loans I think. Well one payday loan. Most of what Lowell where dealing with have been written off. I think I have 1 outstanding old catalouge debt, a doorstep loan and the payday loan but I'm gonna have to go through the fat folder .

I have 2 credit cards that are in good standing but with high balances but I pay every month. A few more catalogues but once again they're paid and only one has a high balance but I've just been paying and not using it for about 6 months.

I'll fish everything out once I've dealt with this statement.

Many thanks for all your assistance!

[Diana M]

Re: Please help, question regarding N180 form

I lost my entire deposit with that snake!

He's made me so scared of reporting repairs to my new landlord but thankfully he is very kind and helpful and I'm finally starting to feel settled here.

. . . . I've recently started college as I'm determined to return to work on some sort of level of pay that I won't have to be on benefits at all.

Sorry for ranting...

You're not ranting - you're sharing

That's great news about starting college and the last thing you want is the distraction of legal proceedings and debt collectors now that things have turned a corner for you.

(Maybe we'll discuss whether the "snake" should have lawfully withheld your deposit once you've got this other stuff out of the way.)

Di

[Diana M]

Re: Please help, question regarding N180 form

it all came about when the CSA held on to my children's maintainance payments for 4 months

. . . . He stopped paying the money aswell in case you ask why I didn't pay off my debts when they did send the money. Which was sent in drips and drabs not as a whole amount and he only started paying again in 2016. He still owes about £1600. But the changed to the new service and they won't do a thing.

Has pursuing the maintenance he owes you reached the end of the line or are you just hitting brick walls so may need a little help to see what (if anything) you can do about recovering it?

Di

[Debt Camel]

Re: Please help, question regarding N180 form

When I went for advice from the CAB. They told me to go bankrupt. I don't see how that would work as you need £750 to do that.

I assume your total debts are over £20,000 in that case?

If they are under £20,000 you need to talk to a debt adviser about a Debt Relief Order (DRO), see https://debtcamel.co.uk/debt-options/dro/

If they are over 20k, then it has to be bankruptcy. there are some ideas here about how to get the stupidly high fees together: https://debtcamel.co.uk/help-with-bankruptcy-fees/. If you have a child with disabilities, there is a very good chance that you could get a grant for these fees, go back to your local CAB and ask for their help to apply for this.

[Amethyst]

Re: Please help, question regarding N180 form

Morning xx Just wondered if you'd heard anything further from Lowell and checking all is okay with you xxx

[Amethyst]

Re: Please help, question regarding N180 form

How you getting on?

[Ohfreeme]

I haven't been getting any notifications since I last posted! Sorry for my absence.

I just got on with life again feeling a sense of relief that I didn't have to deal with them anymore.

But looks like I'm wrong on that, received a letter this morning. Listing 5 accounts. The credit card they where taking me to court over which they decided to cancel last minute after that call was made! (Thanks alot for that again).

2 Mobile accounts that have been closed by them and the other 2 are still in dispute having not fullfilled the CCA requests I originally sent.

The letter seems rather tame asking me to call if I have any further questions. They’ve also written to me using my married name. I've been divorced for nearly a decade now so that’s a bit puzzling...

“We are aware of your circumstances”
We understand you may need some time before discussing your lowell accounts because of your circumstances. You don’t need to do anything at this stage. We’ll contact you to let you know the next steps on your account.

Should I respond or not? Looks like they’re planning to take me to court again! :-(