First steps on the journey

[chrissiej]

I thought I would start this thread to document my journey through the minefield of trying to resolve issues with my creditors, get back overpaid penalty charges and arrange a dmp so that I can get back to living my life and not being a stressed out wreck when I should be enjoying my children and making the most of today.

So, after a few months of writing backwards and forwards to various creditors, sending them I&E and offer of payment, making those payments regularly and having some agreements to suspend interest and charges (but not all ) I have, after spending some time looking through many forums and threads on this fantastic site, started to be more pro-active.

Yesterday, I wrote to them all asking for a refund of penalty charges and interest, plus a breakdown of the calculation, following one of the templates I found here.

Tomorrow, a request for a copy of the executed agreement, with reference to CPUTR for good measure, again from a template on this site.

The main thing I have learned from everyone's invaluable advice and experience is that you must go through the process in an organised manner and always respond in a professional way. Keep the emotion out of it and keep re-stating your case until they get the message. Ask for the information and documents you are entitled to and if they can't or won't respond - there is a new template letter which you can adapt to push things along.

I feel so much more in control now and actually slept the night through last night - which I haven't done in more than five months. I didn't wake up having a panic attack about losing my home the children being on the streets ....... you know the ridiculous thoughts which can take over your mind in the middle of the night .....

I will keep posting on this thread as things move along, I have put the cca letter template on here if anyone wants to use it.

Incidentally - the threads on enforceability are fascinating - but for us non-lawyers the case judgements are mind boggling!!

On with the fight......... !!
:fencing:

[chrissiej]

Re: First steps on the journey

So, 21st is here and after queuing for half an hour () at the Post Office, sent all my requests for refund of penalty charges and interest by Recorded Delivery. Now £14 lighter but we will see what happens ......!!

:fencing:

[chrissiej]

Re: First steps on the journey

SAR's going today for agreements - another £14 postage. Now working on PPI refund letters - but that's for a different thread ......!!
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Plus £14 of postal order lol ........ children might be eating beans on toast all this week ...........:beagle:

[Differentjudge]

Re: First steps on the journey

good luck

dont frget to keep us posted on your progress

any advice need please shout out

[di30]

Re: First steps on the journey

Good luck on this as well Chrissy.

Is this anything to do with the bank your with too?

If so have you also thought (if you've not done so already) of opening a new bank account? not related to the bank your with now.

When we fell into difficulties some time ago, it was suggested we do this, mainly because most of the accounts we had was with the bank, we were advised to open a new account elsewhere so we did, and phew what a relief it was too - to be back on top of things again.

We moved all the direct debits across and what gets paid in etc, we know where we are all the time now.

[chrissiej]

Re: First steps on the journey

Thanks everyone for your messages of support. I'm getting quite excited about it all ......

Need to calm down a bit!!

Yes, I changed my bank from Lloyds as soon as I realised I had reached the end of my capacity to keep paying the minimum payments each month. I had an overdraft and loan with Lloyds as well as a credit card. I moved to Barclays (even though I have an M&S credit card which is run by Barclays apparently) as they do not use "offsetting" to claim minimum payments from your bank account to top up underpayments on others - cards etc.

Having read every thread I can find about reclaiming compound interest on credit card penalty charges - some of the success stories were from quite a while ago. Does anyone know if the credit card companies are still paying compound interest or have they started to stonewall? I am quite prepared to issue a claim if that is what it takes to get them to back down - but not so sure I could cope with Budgie's experience if that is what it takes .........

Anyway, waiting now for lists of penalty charges and their calculations - I suppose it would be too much to hope that they are actually offering compound interest these days ....... !!!

Really appreciate your support so far guys - and gals!!

[whatnest]

Re: First steps on the journey

Ive just got back my penalty charges from Amex (£1400) with compound interest.
I sent all my letters by normal post, 31 in all and 29 replies so far !!!

[chrissiej]

Re: First steps on the journey

Whatnest - that's fantastic, well done!! Fingers crossed some of mine have the same idea .............

[chrissiej]

Re: First steps on the journey

A quick update - have had some offers for refunds of late and penalty charges, but none going back more than 6 years so written to them all again pointing out the Limitation Act and asking for ALL charges to be refunded. Wait and see on that one - if no joy then will SAR them so I can work it out for myself. Interstingly, they have all offered interest at 8%, with the exception of M&S who offered 25.9%. Still a way to go before I can an offer I will agree to from any of them and will post on the individual forums when I get further on down the line.

As far as the CCA requests - had a deluge of responses, mostly inadequate but some with so much info its dazzling! Plus one who says they have no agreement - but of course its enforceable! Again will post on individual forums when have more info.

Intersting so far though - even though none of the offers are acceptable, when I add them up they are over £3000 ..........

[whatnest]

Re: First steps on the journey

Chrissie,
Pleased to here your getting lots of fan mail too !! , my desk is so overloaded with replies it resembles an old solicitors office ! So today cleared everything from my desk and put into a new filling system.
The limitations act is something they all hide behind, im just waiting now like you for replies to my second letters for reclaim charges.
Amex and HSBC both settled in full after first letter - Success.