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  • Hello

    I have just joined and am looking for a solution to my problem.

    Basically, I had 3 credit cards which were opened in the period 2000-2002.

    In the period 2009-2010 I experienced severe mental health problems - there had been a history of mental illness but I had managed to cope, more or less but things deteriorated for me and I defaulted on these accounts.
    Since then, the accounts have been passed from one debt collector to another and I get threatening letters every week.

    I think one is now statute barred as it has dropped off my credit file. The thought of getting letters from Apex for the rest of my life fills me with dread.

    No one has taken me to court although occasionally they have threatened to - I cannot think why this is?

    I should state that due to my mental health, I had to give up my job as it got to the point where they were going to sack me due to my poor attendance - I would be able to return to work for a while only to have another breakdown and need more time off. So I resigned before they sacked me as the stress was making me too ill.

    So I guess what I want to know is why no one has taken me to court yet and also if there is any way of stopping the letters - by the end of next year, all 3 would have dropped off my credit file so these debts will not affect me in terms of loans ( although I have no intention of taking any credit cards or loans out). The only thing its stopped me from doing is getting a better deal on broadband and stuff as EE turned me down.

    However, the letters do add to my mental stress and this is something I really need to stay on top of. I could borrow money from family (perhaps) and offer full and final settlement payments - this is something I have thought about but then I have read horror stories about people doing thing and another debt collector chasing them for the rest. Or some debt collectors even registering the balance as a new debt. So if this was the best option for me, should it be done through a solicitor? And if so, is there a solicitor anyone can recommend?

    This whole area is a minefield and I find it hard to cope when I am not on top form. I am really anxious to get some control over my life and would really really appreciate any help/advise.

    Thank you so much for reading.
    Tags: None

  • #2
    Re: Hello

    Hi and welcome

    F&F settlements are certainly a possibility and can be done in such a way as to prevent the balance being sold on as you fear.

    There will be a template offer letter on this sit and perhaps [MENTION=49370]Kati[/MENTION] would be kind enough to point you towards it (I can't find it).

    As you know though, until the debts become barred by the Limitation Act there is nothing to prevent your creditors going to court to seek enforcement .

    Your MH issues have, unfortunately, no bearing on the matter unless you can prove that when the agreements were entered into you lacked mental capacity. This is not an easy test nor may it be desirable.

    there is little you can do, in my opinion, to stop the letters whilst the debts remain enforceable. If they pass the 6 year limit perhaps but not just yet, can you enlist a friend or relative to open them for you such that you just put them in a drawer until you see the friend/relative?

    Comment


    • #3
      Re: Hello

      Originally posted by stevemLS View Post
      F&F settlements are certainly a possibility and can be done in such a way as to prevent the balance being sold on as you fear.

      There will be a template offer letter on this sit and perhaps @Kati would be kind enough to point you towards it (I can't find it).
      I found this one (that might work) :
      Originally posted by Amethyst View Post
      LETTER # 3

      Full and Final Settlement for Any Debt



      Dear Sir/Mr

      Re: Your Account Number: xxxxxxxxxxxxxxxxxxxxxxxx

      We write with reference to the above mentioned account number.

      We confirm that we are unable to offer the full amount repayable, we are, however, able to raise a total of £................. and wish to offer this as an ex-gratia payment in full and final settlement of the above account.

      This offer is made on the clear understanding that, if accepted, neither you nor any associated company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any liability.

      We also request that, if accepted, you inform the relevant credit reference agency and mark our file relating to the above account as "satisfied”.

      Payment can be made within 2 weeks of receiving your written acceptance of these proposals.

      We look forward to receiving your reply.

      Yours faithfully/sincerely
      [MENTION=65694]starfly[/MENTION] ... I believe that [MENTION=55034]nemesis45[/MENTION] will be a big help in talking you through your options etc... (he's very good at this sort of thing )

      K xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Hello

        Originally posted by Kati View Post
        I found this one (that might work) :

        @starfly ... I believe that @nemesis45 will be a big help in talking you through your options etc... (he's very good at this sort of thing )

        K xx
        Hello Starfly.

        Before making any offers of payment on this debt please give us some history of the account itself.

        1.Who are the original creditors for these accounts?
        2. When were the opened?
        3. When were they defaulted? If you need to check try Noddle a free credit report site from Call Credit.
        4. What are the balances.
        If you decide to attempt full and final settlement offers they need to be very care fully worded. I will happily draft individual letters for you the approach may vary from creditor to creditor, and I would like to see you get the best deal from each one.

        You say one of the alleged debts is statute barred having " fallen of your credit files". All defaulted accounts are removed from credit files on the 6th Anniversary of The Default Date Paid or Not, this does not automatically mean a debt is statute barred.

        Statute Barred in England & Wales = 6 clear years with no payments (from any party) or unequivocal written acknowledgment of the debt.
        Any payment at any time or written admission of liability restarts the 6 year clock, if you can confirm the details I'll draft a letter for you on this one.

        My feeling is your mental health problems affecting your ability to work point to you being a vulnerable person and to ignore this point is very unwise.

        If letters and/or phone call are at level where they cause you stress and affect your health problems there a things that can be done quite simply to reduce this again I will help you with this if you wish.
        Putting the letters in a draw and hoping someone will help is not a good idea, post copies of the letter here after removing your name and address, and any reference numbers and or bar codes and we can deal with them very quickly.

        I am away from home at present if you need clarification on any point please just mention my user name in a post and I'll pickup on it asap.

        My thanks to Kati for alerting me to this!!

        nem

        Comment


        • #5
          Re: Hello

          Thanks Nem xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Hello

            Wow, thank you so much StevemLS, Kati and Nemesis 45 for your replies. I am blown away by the support.

            StevemLS, yes I do have a friend who does gather up the post in carrier bags and puts it away til I am able to deal with it - the problem is that then I look at it as soon as I can and its just a huge pile and I get overwhelmed easily. And so the problem is not really being dealt with which is what I am attempting to do.

            Nemesis45 - I think I made a mistake when I said I thought one particular one ( Egg) was SB - it has fallen off my credit file BUT I did attempt to make a settlement offer a few years ago so I guess the SB clock would start from there. - I will post the details you request re each debt on separate threads as soon as I get the info you request. Thank you so much for offering to look into this for me - the peace of mind I will get if I can reach an agreement with the creditors would be priceless!

            This post was to post my thanks to the three of you for your advice and I will update soon.

            Comment


            • #7
              Re: Hello

              Hi,

              Much will depend on the wording of the " settlement" was liability admitted or was it termed as a " gesture of good will" without admission of any liability, which is a very successful way of making a settlement offer.

              nem

              Comment


              • #8
                Re: Hello

                nemesis45

                I have added the details on this thread

                http://www.legalbeagles.info/forums/...869#post542869

                Thank you

                Comment


                • #9
                  Re: Hello

                  Originally posted by starfly View Post
                  nemesis45

                  I have added the details on this thread

                  http://www.legalbeagles.info/forums/...869#post542869

                  Thank you
                  Thank, responded!

                  nem

                  Comment

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