Advice please

[Florida06]

I hardly know where to start and feel very alone. I have debts from years ago (approx 12 years) that I have been repaying every month following negotiations with my creditors and DCAs. I need to reduce the pro rata payments further as I was made redundant last year and although I have another job I am on a much smaller salary. My husband is self employed in the building trade and is earning quite a bit less than normal due to the current climate.

Without reducing the payments, out of the blue after 12 years I have been told by a DCA that they intend to seek a charging order on our home. They have sent me a default notice advising if full payment is not received then it will be passed to their solicitors. I have written to them advising that the house is owned jointly and there are no funds in the property (which is true), drawing their attention to the fact that I have paid the debt for years with the intention of clearing it in full. I know it's probably a bit pointless, but I have requested a copy of my CCA and statement of account from them with the £1 fee. A few days later, they wrote to me advising that they have requested this and will forward to me once they receive it. The original debt was with HFC.

Sadly, I have other debts wit Sainsburys Bank, John Lewis, American Express and my own bank Lloyds. I am up to date with payments to Lloyds (credit card and loan) but am running a month behind with the others. I know I need to contact them but I just have no energy to take this on. I am hoping to keep things ok with my own bank in the hope that things pick up shortly as I owe them over 25k and cannot bear to think of the hassle.

Please help.

[Curlyben]

Re: Advice please

Well you really should have a read of this for starters: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

DCA's should always be made to prove their legal rights to any debt before any sort of arrangements are made.

Now this one that is threatening a charging order. Do they already have a CCJ against you for this debt ??
Without one they are kind of screwed

[Florida06]

Re: Advice please

No, there is no existing CCJ but they say that they intend to take me to court for full payment. If this happens then obviously I cannot pay in full so they may be able to start the ball rolling for the C/order.
Am I wasting my time asking any creditor with these old debts which I'm still repaying for a copy of the CCA? I want to repay in full, I just don't want them to try for charging orders. Mind, a forced sale would give any of them not a bean.

[Curlyben]

Re: Advice please

Well they MUST get a CCJ before they can even consider a charging order or order of sale, so there's not really much to worry about there.

As they are now making serious legal threats then your only real recourse is use of the Consumer Credit Act, as it is meant to protect consumers against such practices.

In all honesty I would put ALL of these debts to the legal CCA test and see what turns up..

[scoobydoo]

Re: Advice please

just to say dont feel alone on this - there are lots of people here in the same position and I am sure you will get help in the form of good advice as above, or just some some moral support.

[Florida06]

Re: Advice please

Thanks everyone, so far. I have altered the payments to my creditors and have prepared a new IE form for their info. I am waiting for their letters to arrive as I do not have all of their addresses to hand. At this stage, I will request the CCA as a tactic to try and prevent court / further action.

Is there any point in trying this CCA request on my other debts from 2006?

I am hoping that the debts from 12 years ago do not have a CCA to send me, do any of you think that this is quite likely due to the timescale or does it not work like that.

[Curlyben]

Re: Advice please

You are at the position where a CCA to ALL of your creditors would be advantageous, especially the DCA's.

Please remember that these requests aren't simply a "tactic" but statute consumer protection law.
While the original creditors play fair with use then we'll play fair with them, but the recent goings on over the last 1ish has proven that they are only really interested in making (even more_ money for themselves, no matter what !!!

As and when/if they respond, then post them up and we'll give them the once over and our considered opinion on them.
Until the comply with your lawful request you have NOTHING further to say to them.
they may well threaten more action, but without a compliant agreement they are on to a serious loser..

[Birdie]

Re: Advice please

Hi Florida or Flo for short?

Please don't feel alone, many of us have and are still dealing with the horrible issue of being in debt.

There are many good people on here that can help you feel positive about moving forward.

Take care.
xxxxx

[natweststaffmember]

Re: Advice please

Florida, if you post up the creditors, then we will supply the addresses to you.

[Florida06]

Re: Advice please

Some of them are being handled by in house DCAs I think:

Barclays .......... dealing with Mercers
M&S ............... dealing with Rockwell
Various ........... dealing with Intrum Justitia
HFC ................ dealing with TBI Financial Svces

Thanks

[Curlyben]

Re: Advice please

Well Mercers (B'clays in-house) will likely ignore your request and pass it on to an external DCA.
The others, well they vary. Some run off at the first sniff of legality but others comply.

Honestly get the CCA sent and ensure they even have the legal rights to collect payments on your debts.
The FULL CCA letter on my thread, posted earlier, covers all the bases and makes the DCA's work for your money.

[Florida06]

Re: Advice please

I will do. Am I right in thinking that if they cannot provide the agreement, they can still sue me because I have been paying the debt for so long? I want to pay but I just don't want the court stuff. So, I'm thinking that if they cannot provide it then they have little option but to accept my lower offer of monthly payment? What do you think?

[Curlyben]

Re: Advice please

Basically it goes like this.

No CCA = No Enforceable Debt..

They may well start court action, but they would be on a hiding to nothing without a compliant agreement.

[Paule]

Re: Advice please

Some will quote something along the lines of
'as you are making payments, you have acknowledged this debt' or similar

But the golden rule is (regardless of what they say)

No CCA = No Enforceable Debt..

[Florida06]

Re: Advice please

Ok, thanks. Let's hope they cant find them from over 12 years ago. Fingers crossed.